RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 990, 26 July 1872, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, July 23. (Before J. Giles, Esq., R.M.) Graves and Fleming v. James Ryan. —Claim for £l7 Ss Gd. No appearance fo defendant. Judgment given for amount claimed, and costs. Same v. George \V. Brown.— Claim for £9 2s 6d. No appearance of defendant. Judgment given for amount claimed, and costs 13s. Patterson v. "William Lyons.—-Ad-journed for service of summons. Walter Lavette v. Prances Patterson.—Claimfor £2 Bs9d Noappearance of defendant. Judgment given for amount claimed and costs. Graves and Pleming v. Donker Summons enlarged for service. Pelix West v. C. E. Jones.—Claim for £2-10 a. Board at 5s per day. Defendant pleaded not indebted. This case arose out of a previous action brought by defendant against plaintiff to recover wages, at the rate of 10s per day ; wherein payment at the rate of 5s per day had been paid into Court; but judgment given for the full amount claimed, on the ground that no specific agreement had been made for a less sum. Plaintiff in this case was unable to prove the existence of agreement for supply of meals to defendant, who pleaded that he did not bargain for them, but had taken them in addition to his wages. Judgment for defendant recorded. McFarlane v. Maunsell.—No appearance. Struck out. Edmund Roche v. Atkinson.—Claim for money lent and liquor supplied on defendant's behalf. No appearance of defendant. Plaintiff stated that he had received £2 on account of liquor bill. Judgment given for £1 7s 6d, money lent, and costs 9s. The balance of the account for liquor was disallowed, as not being recoverable under Licensing Ordinance. J. Rafferty v. Neville Bull.—Claim for £5 17s 3d, viz., £2, price of cottage, and balance for certain goods and chattels, including also portion of fence on the allotment whereon the cottage stood. This case had been before the Court in various forms on previous occasions. Plaintiff now stated that he had never received payment of the £2, and he claimed the balance of the money sued for as the value of certain articles left in defendant's possession. Defendant swore that nothing but the fixtures belonging to the cottage was ever entrusted to him, and that he had

authorised Mr Blacklock to pay the £2 to tho plaintiff's agent, Mr Carpenter ; who in evidence stated that £1 had been offered him, and a guarantee to pay the other ; but that ho had refused to accept the money in consequence of some irregularity in the form of contract, and not wishing to have any share in the matter. Defendant now admitted that Blacklock still had the money, and he, defendant, had the key of the house, but said plaintiff had never applied to him for the money. Judgment was given for £2, but costs were disallowed ; the Court considering the suit unnecessary. Lavette v. Joseph Davies. —Claim for £3 13s 3d goods sold and delivered. Defendant confessed his indebtedness, and judgment was given for the amount claimed.

Lavette v. Sraithson.—Judgment summons. Defendant pleaded inability to pay the whole amount at once by reason of insufficient earniugs. Order given for payment by weekly instalments of ss, or in default three weeks imprisonment. Catherine McCarthy v. Peter "Williams.—Charge of assault on the Bth instant. Complainant deposed that on the evening of the Bth instant, defendant had entered her house, and abused her, and on being ordered out had struck her between the eyes, and injured her arm. Defendant denied the statement, and stated that the complainant had told him that a man named called a witness, who deposed that complainant had told him that two other parties had struck her. Complainant stated that she had made such statement, as the last witness had deposed, to avoid a row with relations, but that defendant had offered her £1 to hush the matter. The case was adjourned until Saturday for production of another witness.

WESTPORT WARDEN'S COURT. (Before J. Giles, Esq., Warden.) Tuesday, July 2'S. applications. W. J. Harrison and party.—Application for double ground on Christmas' Terrace, to be worked as tunnel claim. Granted Charles Dilmer, and Tiller and party. —Application for amalgamation of Dilmer's right to hold claim with Tiller's right under lease. George Goodall opposed, as the ground sought to be thus held, was that recently in dispute in the case Miller v. Goodall. Refused. John McDonald and John Mcllugh. —Applications for special sites. No appearance. Struck out. Otto Tiller.—Application for reregistration of dam. Granted. Reuben Carne. —Renewal of protection for business site. No appearance. Struck out.