RESIDENT MAGISTRATE COURT

Westport Times, Volume VI, Issue 1012, 11 October 1872, Page 2

RESIDENT MAGISTRATE COURT

Tuesday, October 8. (Before Joseph Giles. Esq., 8.M.) CITIL CASES. Jeffery v. Frederick Eeid —Mr Fisher for defendant. Interpleader suit arising from the ease Jeffey v. Lucas. The defendant, Keid, claimed a cargo boat natred the " West Coast," and certain goods and chattels seized under distress warrant by the Court Bailiff, George Carruthers. Evidence was given on behalf of plaintiff to prove that the boat was in reality the bona fide property of Lucas, and" according to the bailiff's own statement, on other previous occasions wheu the boat had been seized under distress warrauts, Lucas had satisfied judgment thereiu. For the defence it was proved that the boat had been sold to Eeid by Lucas, some three years since, for £ls, and the defendant deposed as to the purchase, by himself, of the various goods and chattels specified in list produced. Defendant's Counsel argued that the evidence adduced by plaintiff w?s simply_negative. The Court took the sau:e view of the matter and gave judgment for defendant with costs, the Bailiff of the Court being ordered to withdraw from posession. R. M'Farl no v. Charles Woods— Mr Fisher for plaintiff. Claim for £43, including £35 payable by the defendant for money received to the use of plaintiff, upon sale by the defendant of a quarter share in the Just in Time Quartz Mining Company, at Boatman's, of which the defendant had failed to put the plaintiff in possession, and the balance for certain oven irons, and a tent and fly obtained by defendant. The defendant had originally made a written transfer of the share in question, in consideration of money owing to the plaintiff, and for cash paid, but had afterwards sold the share to another purchaser at an increased price. For the defence he now sought to prove that the plaintiff was indebted to him in an amount equal to that claimed, for services rendered at Caledonian Terrace. The claim of set off was rejected, no sufficient notice having been given and judgment was recorded for £lo,' with costs of Court 255, and Counsel's fee £3 3s.

Jb'erris at the suit of Nelson, Graves and Fleming, Shelly, Stitt Brothers, Linlcy and others, .Donohoe, Crowle, Flannigan, Kiehea, Wilson, Buller Towing Track Company, Morgan, Nattrass, Donlan, Came, Btubbs, Leslie, and Caeutt.—Mr Fisher on behalf of the plaintiff's in these eases made application for service of summonses under the 3G section of the R. M. Act 1867, which provides as follows : " That before personal service is dispensed with, proof shall be first given to the satisfaction of a Justice of the Peace, that reasonable efforts have been made to effect such personal service, and in every case where personal service of the summons to a defendant is dispensed with, service at the last or usual place of abode shall be effected at least seven days before the day fixed for trial of the cause." Application granted. Buller Towing track Company v. Blair—Summons not served. Colvin v, Cunningham—Claim for £6 12s sd. goods sold and delivered. A set off filed for £1 ISs 3d was rejected for want of sufficient notice. Judgment for plaintiff £6 2s 2d, and costs Us. Danks v. Harrington Claim for £S 18s. No sufficient service of summons proved. Dunks v. Mullins—Claim for £ls 6s, Non-suit. Butt v. Costello. Claim for £5 Bs, for sawing and delivering timber on the new township site. Judgment for amount claimed ar.d costs 13s. Struthers v. Clansy— No appearance ; struck out. Carpenter v. Siberley—No appearance ; struck out. Evan v. Allison—No appearance ; struck out.