RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 996, 16 August 1872, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, Augtht 13. (Eefcre J. Giles, Esq , li.M.) Rowe v. Rowe.—No appearance. Struck out. Harrison v. M'Kenzie.—Claim for ,£l6 2s sd. Balance of account. Mr Fisher for plaintiff. The defendant did not dispute the amount, nor had he refused to pay, but questioned the validity of the method by which the balance sued for had been arrived at. The account originallj represented an amount owing for goods find liquors supplied, and various pa) mem s had been made by defendant, the last being on the 7th May last. These payments the plaintiff had given credit fir, making each payment clear the joint account for goods and liquors as far as such payment would go. The aggregate payments balancing the account up to the 7th of January. The plaintiff now sought to recover payment for all general goods supplied since that date, abandoning any items not recoverable by law. Tne council for plaintiff having advised such action as being in accordance with a former ruling of the Court, in a similar case. Defendant pleaded that the statement of accounts whereon the action had been taken, differed from any account rendered to himself. Judgment was given for plaintiff with costs.

Thomas Dickinson v. Robert M'Farlane. —Claim for £9, value of certain sheets of iron the property of plaintiff, and alleged to have been taken possession of by defendant. Mr Fisher for tbe plaintiif. From tbe evidence of plaintiff it appeared tbat certain building material and iron had been stacked in Gladstone street, about the beginning of July last, by both parties, while removing their houses ; the men in plaintiff's employ making one particular stack of thirty sheets of fencing iron, and placing thereon certain pieces of timber. On the 20th July plaintiff discovered that the iron had been removed, and from certain information given, he taxed th» defendant with removing it without authority. Defendant, however, claimed all he had removed as his own.

James Hagar gave evidence as to having taken down buildings for both parties, and having stacked certain iron for plaintiff, in Gladstone street, in clo-'O contiguity to building material belonging to defendant. Had afterwards, at plaintiffs request, youe to Lyttleton street, and there pointed out. among material owned by defendant, one or two sheets of iron, which did not come off defendant's house. Witness could not however, positively swear to the identification of the iron as being plaintiff's Andrew Wilson gave evidence as to assistiug at the stacking of plaintiff's iron, and afterwards seeing M'Farlane and his cousin lifting; the sheets forming one stack, but did not interfere, as he thought at the time the parties might have come to some arrangement in the matter.

Charlotte Lloyd also gave evidence for plaintiff. The defendant stated that he had taken the iron off his building three weeks before plaintiff commenced pulling down his house, and had stacked the same in GHadstor.e street, in assorted lengths. Had taken 82 sheets from his billiard room, and could now account for 79 of these, including the 30 claimed by plaintiff. James M'Farlane gave evidence as to having counted the whole number of sheets of iron removed by the defendant from Gladstone street, and calculated from the measarement of the building, how many there should be ; findiug from such calculation that 79 sheets would barely cover the building that had been removed. He also said that from his own knowledge, none of the iron belonged to Dickinson bad been removed by himself or defendant. The Court, ruling that the only direct evidence was that of Wilson, who had sworn positively lo seeing the defendant and last witness carting away the iron, gave judgment for plaintiff ; assessing the value of the iron at £6, defendant having the option of returning the same or satisfying the judgment by payment. Mr Fisher applied for an order enforcing the return of the iron, as representing more value to plaintiff than the amount adjudged. This was refused, the action having been brought to recover value, and not as an action of detinue. Crowle and Jacobson v. Appel.— Claim for £2, freight on luggage. Defendant pleaded not indebted, that the amount sued for was excessive, and that the plaintiffs had made no charge in the first instance, and that in return he had given gratuitous professicn tl advice for the treatment of a horse belonging to plaintiffs- Judgment for defendant, with costs. Appel v. Crowle. Settled out of Court.

R. M'Farlano v. J. M'G-ill.—Claim on promissory note for £3O. Mr b'isher lor defendant. Pay meat of the amount claimed had been disputed on the pica that defendant had entrusted the plaintiff with the promissory notes of two other parties, exceeding the sum now claimed by £ls, and that plaintiff had consented to take these notes, at his own risk, in payment of the promissory noto signed by defendant. The document had not been returned to M'Q-ill, and the defendant denied having consented to any such arrangement. The Court ruled that, from the evidence given, it appeared that the two notes had been left in plaintiff's charge as collateral security only, and gave judgment for plaintiff with costs.

John Clark v. David M!c Cue.— Claim for £2 10s, balance due for rent. No appearance of defendant. Judgment by default, with costs. John A. Carr v. Kate M'Carthy.— Claim for £1 ss, for building a lean-to. Judgment by default, with costs. WESTPORT WARDEN'S COURT. (Before J. Giles, Esq., Warden.) Tuesday, August 13. . James Davis.—Application for head water race. No appearance. Myles M'Paddeu and others, —Application for re-registration of head water race. Objected to by John Dudgeon, who claimed priority of right. The dispute arose from two certificates having been originally granted to different parties for the same race. The Warden suggested that registration of the main race should now be granted on one certificate, and that each party might then hold separate certificates for their own branches. Adjourned for reference to plan, with a view to amicable settlement. David Boveridgeand party.—Special site for water dam at Caledonian Terrace, and for double area of ground. Granted. Renewals of protection for business sites were granted to the following parties : —Thomas Bailie, James Humphrey, Michael Organ, W. Carpenter, and John Hughes.