RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 992, 2 August 1872, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, July 30. (Before J. Giles, Esq., E.M.) Drunkeness—Michael Gilday, for this offence was fined 10s. Vagrancy—Police v. Theresa Gethings—Adjourned until Saturday next, at 11 a, m. CIVIL CASES "W. J. Paterson v. "W". Lyons— Claim for goods sold and delivered. Defendant did not appear. Judgment given for amount claimed and costs 19s. Walter Layette v. George Black— Claim for £2. 17. 11. Defendant did not appear— T udgment givea for amount claimed, aai costs 9s. Graves and Fleming v. Donker the Maori.—Summons enlarged for 14 days for service. Suisted Brothers v. Eobertsoa.— Claim for £5 lis 6d on a certain written acknowledgment of debt. Defendant did not appear. Judgment given for plaintiff, and costs 13s. Buller Towing Track Company v.

Charles Lucas.—Claim for £l4 Is g l balance due for tolls for use of track! for towing purposes. Mr Fisher f OP i plaintiffs. The defendaut did q O J appear. Mr Hughes, secretary to thai company, proved the elaim. Jud e .| ment given for full amount, costs I9j I and counsel's feo one guinea. ' % Bull and Bond v. Christopher Brown 1 —Claim for £7O, contract price fori removal of building from Gladstone! street, and £3 18s extras. Mr Fisher for plaintiffs. This was a claim for the contract price agreed to be paid for the removal of drapery store and cottage, from Gladstone" street to corner of Wallabi and Molesworth streets; the contract being made on the 25th June and the work finished, ac* i cording to plaintiffs* statement, on tho 20th July. The defendant aid not deny the liability ; but contended that the work had not been thoroughly completed in terms of contract whereby it was specified that the build! ing should be left in every respect in. a similar condition to that on its former site, and also that having offered the plaintiffs £3O as payment on account, he was entitled by trade custom to at least one month's credit for the balance. In cross-examination the plaintiff by W. Bull, would not admit that any portion of the contract had been neglected, but averred that extra work had been done in soldering certain nail holes, and stopping leaks in the buildins, and that he had refused to take £3O as part payment, as ho needed the full amount to pay the workmen, and had, moreover, contracted for the work at the lowest cash price. ./ The Court having reviewed the evi. dence given on either side upon minor points of detail in the work, showed that the real gist of defendant's refusal was on the question of time, a matter for arrangements between the parties. Judgment was given for amount claimed, costs 375, and counsel's fee, £8 3s. Vincent Valla v. Antonio Thomas—claim for £4 10s, and Antonio Thomas v. Vincent Valla—claim for £l3, third share of expenses incurred for provi. sions, &c, in connection with claim formerly held by the parties and one Jesse Nicholls, at Granger's Point. Mr Fisher for defendant in latter case! Defendant Thomas confessed judgment for £4 10s 5 and the second case was adjourned at plaintiffa expense, for amendment of bill of particulars, until Tuesday next.

WESTPORT WARDEN'S COURT.

(Before J. Giles, Esq., Warden.) Tuesday, July 30. applications. J. Davis and John Anderson.—Ap» plications lodged for head water races. No appearance. George Goodall—Application for protection of ground at Giles Terrace. Opposed by Charles Dilner. The Warden refused to grant protection to the present applicant, or any other party applying, until the legal right to the ground had been proved, the same having been in dispute on many previous Court days. Edward Catchpole.—Application for a double area on Christmas Terrace on ground already partially worked. G ranted.