RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 1016, 25 October 1872, Page 2

RESIDENT MAGISTRATE COURT.

TIJESOAT, OcTOEEII 22. (Before Joseph Giles. Esq., R.M.) Frank Spence, on remand for breach of the Constabulary Ordinance, admitted the oifence, but pleaded justification in that a man had first struck him unprovokedly. Fined 40s and costs or in default one weeks' imprisonment. The fine was paid. CIVITj cases. John Linley and others v. "William Morris—No appearance. Struck out. Christian Minderaann v. William Ferris. No appearance. Struck out. Daniel Ward v. same. No appearance. Struck out. Thomas Dickinson v. Henry Bartol —Claim for £5 Is lid. Balance of account. Defendant admitted owing £2 14s lid. but disputed the rest The claim was made for various goods supplied prior to October 1871, and included a grog score for liquor supplied to defendant and a mate named Harris, on their joint account. Defendant denied his liability for Harris, but brought no rebutting evidence against plaintiff's statement The Court ruled that although moneys owing for spirits sold in small quantities were not recoverable by law, still if money was paid on a running account, and the debtor left it an open question as to what particular item was paid for, the presumption might be, as in this case, of the money beinc paid for the spirits, and the debtor could bring action for recovery of sums due for other items. Judgment for plaintiff with costs 13s.

Walter Lavetto v. Frederick rtH land-Claim for £5 6s 2d. q9B supplied. No appearance of d e f e !' danc. The debt was proved, an j judgment given for amount clainj and costs 13s. Q

James M'G-avin v. Edward Brad shaw—Claim £8 19s. Gd. Dispute J account. Defendant had, in Apr! last, taken work by tender from tb Harbor Master, for clearing a ! the Palls, and had offered plaintiff 10 per day to work thereon, which L refused, but ultimately agreed t accept half share in the contract. Th° work had been delayed by flood and rain, and was as yet only half POn] pleted. Defendant had drawn £lO 0 j £l2 on account, but had refused to share this with plaintiff, who n(nv sought to recover half tho money th U9 received, and also payment for certain provisions and a tent fly supplied. | Defendant pleaded that he had engaged plaintiff at either 10s »er day or £lO for the job. Plaintiff had only worked three days, atid had then re. fused to do any more unless he defendant, drew on account of the contract, and shared with him. Defen dant had drawn £l2 10s on account part of which he had paid another man who had worked in plaintiffs stead. Had never agreed to pay him a share of the contract money until the job was completed. Thomas Penniall gave evidence as to hearing plaintiff refuse to do any more work after having worked three or four days at the snags. Had hirn self worked in M'G-avin's place previous to Bradshaw receiving any money from the Harbor Master." % Court ruled that the fact of plaintg having thrown up his work prior to any money having been received!. \ fatal objection to his present claim. The only other item of account proved was 10s value, of fly. Judgment was given for this amount and proportional cost. Euben Carne v. Win. Ferris—Claim ft"" Defendant did not appear. The debt was duly proved and judgment for amount claimed and costs 9s. WESTPOKT WARDEN'S COURT. (Before J. Giles, Esq., Warden.) Tuesday, October 22. Frederick Lomaa and party—Amplication for protection for water-race. Objected to by Tiller and party on the plea that the proposed race would cut off drainage to their dam. The application was granted on condition that applicants would put fluming across any water channel or gully" leadtV ' into Tiller and partys' dam Loman and party—Application for water-race north side of German Ter. race for drainage purposes. Granted. J. A. Maguire— Application for protection for business site. Objection made by Mr Fisher on behalf of R. Macfarlane, the holder in present possession of the section. Protection refused, pending actual proof or otherw?° \ of pos.-ession. J mes Brewster—Application for protection of business site. Opposed by Thomas Bailie, as prior claimant of the section. Protection declined. The Warden said that if parties intended taking legal proceedings to prove right of possession to sections, they should obtain legal advice upon thy question, whether the proclamation of the present township site as a reserve in February last, did or did not take it out of the Warden's jurisdiction altogether. The point had" never yet been argued, and at present when parties applied for protection, the certificates were granted for what they were worth, and must not be taken as deciding whether the township was still on Goldfields ground or not. Peter Murphy Protection for abandoned dam. Granted. Herbert Foine—Ke-registration of dam previously held, but since disused, and also registration of new dam. Granted. Edward Blaxall—Site for flooding machine in Deadman's Creek. Granted.

James "Woodcock—Application for registration of dam. Granted. Alexander Grant—Registration of new dam at Dcadman's Creek. Granted.

Joseph Shaw Application for special site for machine. Granted. Henry Richards—Application for tunnel alleged to be abandoned. Opposed by Thomas Buttenvorth. The tunnel had not been used for three months, but Butterworth now claimed compensation for timber therein, or liberty of removal, as he row needed such timber for use in another tunnel. Application postponed for 14 days, pending arrangements for removal"of timber, or transfer of same to applicant.

Henry Richards—Application for extended claim on German Terrace. Granted.