RESIDENT MAGISTRATE COURT.

Westport Times, Volume VII, Issue 1035, 3 January 1873, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, Decesibee 31. (Before Joseph Giles. Esq., K.3M.) BKEACII OF THE PEACE. Thomas Mason and Joseph Tottenham were charged by Constable Hunter with fighting on the wharf. The accused said they were merely settling a little difference of opinion between themselves by harmless skylarking. The constable said there way at the time " plenty of blood knocking about," and the two men seemed in earnest. Fined 20s each. CIVIL CASES. Walter Lavotte v. F. Patterson.— Summons extended for service E. Rowlands v. Peter Williams.— Claim for £5 9s, goods sold and work performed. No appearance of defendant. Judgment given for full amount claimed and costs. Buller Towing Track Company v. George white.—Mr Fisher "for plaintiffs. No appearance of defendant. Claim for £23, tolls due for traffic on towing track. H. G. Hughes, secretary to the company, proved the debt. Judgment was given for full amount claimed, costs, and counsel's fee.

li. Rowlands v. G. White.—Claim for £ No appearance of defendant. Judgment for full amount claimed and costs, 2-3s. Walter Lavette v. Sarah Burrows.— Judgment summons. No appearance of defendant. Warrant granted to compol appearance; Patrick Flaunigan v. John Kiernan. —Summons to show cause why previous judgment remained unsatisfied. Defendant pleaded that he had no ready money, no property, and no work. He had money iu the bank but did not wish to make a draw therefrom and would like a few months' time to pay the debt. _ The magistrate said it was a most impudent excuse and ordered him to make payment forthwith or suffer imprisonment for one month. Defendant did not produce the money and was promptly locked up.

Patrick Brennan v. JohnSymoud.— Mr Pitt for plaintiff, Mr Horn for defendant. Action to recover £56 10s, damages sustained by reason of the steamboat Charles Edward coming into collision with the Bright street wharf, whereby it was destroyed, and certain mining machinery lying thereon, the property of the Band of Hope Quartz Mining Company, sunk in the river.

Mr Pitt applied for leave to amend the plaint by substituting the name of the company for that of the legal manager, Patrick Brennan, the Mining Company's Act of 18G9, having repealed the previous Act, of 18GG, whereby it had been competent for the legal manager of a company to sue or be sued. Mr Pitt quoted authorities at length, bearing upon the case and in support of his plea. Mr Home objected to the amendment as altering the whole aspect of the case, and also by reason of no notice having been given of intention to apply to the Court to make amendment.

The Coust ruled that the question of notice was of importance, and that the cases quoted by plaintiff's counsel hardly bore upon the point at issue, that the action had been brought in face of the act repealing the clause under winch legal managers had previously held power in legal actions on behalf of companies, and that it was not a case for amendment. Nonsuit recorded, defendant being allowed costs and counsel's fee.