RESIDENT MAGISTRATE COURT.

Westport Times, Volume VII, Issue 1072, 16 May 1873, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, Mat 13. (Before Joseph Giles. Esq., E.M.) Wilson V. OXS-radyand O'Grady v. Wilson.—Claim'for £3O, money lent, and cross action to recover £l7 3s 9d for board and lodging and money lent. Mr Shapter appeared as counsel for 0. O' Grady. The plaintiff in the first case applied for an adjournment in order to obtain counsel. The case bad been adjourned from the previous sitting of the Court on a similar application. The plaintiff was not prepared to state what definite arrangements had been made with counsel, and the second application was refused. The plaintiff, E Wilson, claimed the £3O as money lent between November 1572 and April, 1873, the date of transaction on bill of particulars being 13th February, but the exact time plaintiff would not swear to. Examined by Mr Shapter: Had been living with defendant as general servant from November Up to April, and lent the money at defendant's reo/uest. Was engaged at 30a 'per week, but never got any money on account of wages. Was ill for some time and was attended by Dr Thorpe. I never remember telling him I was boarding at defendant's hotel. I went there as a boarder at first, but after the first week I was engaged as a servant. Defendant went away for a visit shortly after I came to the house, and she might have asked me to look after the bar during her absence, and on her return she would not take the money for my board. I never borrowed £5 from her to make a bet with. I have never made a bet with a man named Macfarlane, nor have I publicly stated that I would sue him to recover the money. There wa • some talk of a bet and defendant put a note on the table. I don't know whether it was a £5 or a£l note. I went to Charleston to get the £OO for the defendant, and her sister lent me a pound to go there, and I paid that back to the defendant.

By the Court: Defendant still owes me wages for all the time I was in her house. I have not sued for those wages, as I am waiting until she is able to pay me.

C. O'Grady deposed: The plaintiff came to my house as a boarder, and shortly afterwards I asked he* to look after the bar during my absence for one week. On my return she offered me payment for one week's board and lodging, but I would not take the money. I never engaged her afterwards to do any work in the house as I had a sufficient number of servants, and I waited on Wilson myself as on other boarders. Sometimes she would offer to help but I always told her there was people enough in the house to do everything needed. n February she was leaving for Charleston, and I presented my account. She said she had no money but would send it me from Charleston, and did so. I had lent her £l, £4, £5, the last item sho borrowed I understood was to stake on a bet.

.By E. Wilson : T offered to give you a receipt for the £3O, but you said you did not need it, as you would soon have to pay me some more money. The item of £lO in the bill now sued for is for extra attendance during sickness. You did, on one occasion, give me 3ome mouey, but it was to pay a drapery bill for you, and I gave you back the receipt and change. This was while you were lying sick and thought yourself dying. I never asked you to lend me money to pay a bill, or said that my customers had borrowed money from me which I could not obtain.

Dr Thorpe : Knew the plaintiff, E. Wilson, professionally, had attended her while ill on two occasions. On his first visit she had told him that she was boarding at the hotel for the benefit of her health ; she was then very unwell, and certainly not in a state to fulfil household duties.

By E. Wilson: Tou paid me my fee on the first occasion. Afterwards Mrs Grady sent for me, and on my arrival told mo you refused to see any one. A.t that time you were not in a fit state to judge whether you needed medical attendance or not. Mrs Grady told me that having sent for me she would hold herself responsible for payment of my professional fee in case you did not pay. By Court: The plaintiff, E. Wilson, has since promised to pay me on two occasions but has not done so. I hold her responsible. Joachim Prank: Had boarded in the hotel at the time Miss Wilson was there. Had seen her waited on and her wants attended to with the other boarders, and had never known her do any work in the house except during one week, when she tended the bar in Mrs Grady's absence. Mr Shapter said he considered it unnecessary to address the Court on behalf of his client, the case being merely a question of facts. The Court gave judgment for defendant in Wilson v. O'Grady; and in the caso O'Grady v. Wilson judgment for £6 17s 9d, and costs, amounting in both cases to £6 ss. The charge for extra attendance during sickness being reduced to £5, and the claim for £5, money lent for bet, disallowed, as not being recoverable by law. Miss Wilson gave notice of her intention to appeal.

WESTPORT WARDEN'S COTJRT. Tuesday, Mat 12. (Before J. Giles, Esq., Warden.) APPLICATIONS. TUNNELS. Richard Pennefather.—To register

and extend tunnel abandoned by Leslie and party, north of applicants claim at Christmas Terrace, 2000 feet easterly. Granted. Nattrass, Harrison, and Thorn.—To register tunnel abandoned by Perry and party, commencing with south end of Giles Terrace, and terminating near Eichard's lease. 500 feet north and south. Granted. Same, for tunnel abandoned byJames Leased ale and party, at Giles Terrace. 300 feet east and west. Granted for use as a dam, but applicants having given no previous notice of such intended use the grant was made subject to any good objection under rule 7 p. 12 G. F. Eegulations. William Mehirs.—To register abandoned tunnel known as Swedes on sduth side of Caledonian Creek. 'GOO feet east and south-east. Granted. RACES. William Dunlop for abandoned head race at Horse Shoe Befid, Waite'a Pakihis, 700 yards north and south ; for head race from dam on Waite's Pakihis, 580 yards ; and for tail race, 400 yards, E. and W. Granted. James Leasedale for head races at German Terrace, 200 yards and 500 yards. One sluice head Granted. George Goodall and William Eiding to register head race abandoned by Greeuroyd and party, from left hand branch of Orawaiti to Davidson and party's Washing site. One mile northwest ; five sluice heads. Granted with right to 40 inches of water. William Mellas.—Tail race from near mouth of tunnel south side of Caledonian Creek, 300 feet, north and south. Granted. O'liourke, Paris, and party.—Postponed application for race at Addison's, pending the production of necessary particular as to course, description and probable cost of the race, the number of men to be employed, and charges to be made for water. The particulars furnished stated that the race would take its rise from the Totara river and terminate at a lease applied for on Caroline Terrace, and would be about six miles in length, traversing difficult country and necessitating fluming at certain points, as also blasting in its formation. The race when constructed would command all the workings in . the district, namely the Shamrock, Addison's, Dirty Mary's Flat, Caroline Terrace, Darkie's and Wilson's Leads, , and also high level ground never yet prospected for want of water. Nine men were to be 'employed, and the cost of the work was estimated at £4OOO. The company intending to charge for water 10s per head. Granted. EXTENDED CLAIM. Joseph Nattrass and two others —- , Three men's ground north end of Giles , Terrace, next Giles Creek. Granted. SPECIAL SIXES. William Duulop, for head dam in i blind creek, Horse Shoe Bend, Waite's Pakihis, and registration of abandoned . dam west side of Government road, Waite's Pakihis. Granted. ' Christiau Basmussen for area, GO feet by 60 feet, north side of Giles i Creek for washing or other mining purposes. Granted. i John Vineall for half an acre, resid- . euce area, Giles Creek. Granted.

Alexander M'Gdlivary, for same, Giles Terface. Granted. William S. Watermaun and two other, for dam at Christmas Terrace. Granted. PROTECTION. Peter Herren, for business site at Mokihinui, "until sufficient business doing there to Warrant applicant settling on the same." Refused. warden's cases. Alexander Berne, on his own behalf and that of Patrick OToole and party against Hugh Moran and others. Mr Shapter for defendants. Complaint that the defendants assumed to hold certificate of registration for head water race from Mountain Creek, that they had no certificate for such race, but in reality claimed to hold it under a certificate purporting to bo for a race from the Totara river two miles distant from the race in question, and that such last mentioned race had been abandoned by defendants. Wherefore the complainants claimed that defendants certificate should be cancelled, and complainants application for re-registration for the Mountain Creek race granted. Judgment was given for defendants, their registration to be amended, and the name Mountain Creek to be substituted for Totara River. John Paris, on his own behalf and that of John O'Rorko and party> against Norman M'Laren and others. Claim that certificate of registration held by defendants for head water from the Totara River should be Cancelled by reason that defendants had not commenced Work thereon within one calendar month from the granting of such certificate. Judgment for plaintiffs. Defendants registration declared forfeited. B. E. Kunlett against Joshua Annett.—Complaint that defendant had unlawfully removed certain pegs marking boundaries of business site at Mokihinui, and obstructed plaintiffs occupation thereof. Judgment for plaintiff. Obstruction to be removed within seven days, in terms of rule 11 Sec. XV. Goldfield Regulations.