Resident Magistrate's Court.

Bruce Herald, Volume IX, Issue 890, 20 March 1877, Page 6

Resident Ma gist rate's Court.

BALCLUTHA. . Wednesday, 14tii March. (Before Mr E. 11. Caiw, R.M.) SrODDART BROTHEHS V. RAMAGK (KAITANGATA) Judgment summons for £14 ss. During examination defendant admitted having earned between £30»ud £40 since judgment was formerly given against him. His Worship entered up as follows : — £3 t<> brt paid on <>r before the 2 1st iVlarch, and the balance to be paid in monthly instalments of £1 ; failing payment to be imprisoned in the Duuedin gaol f.«r one month. M'FARLAWE V. M'DONALD j This case was heard last week, but judgment j reserved. His Worship stated that the' present defendant could not be connected responsibly in the matter, he, therefore, gave judgment for the defendant. Mr M'FarUne asked his Worship for time to pay a certain account Mr M 'Donald had against him. Mr Henderson stated that judgment had been obtained in that Court some time previoxxs His Worship remarked that he could do nothing in the matter, but he thought a little leniency should be shown him. Mr M'Parlane then asked his Worship if he c>uld not get anything tor his labour in lifting the boat from any one else. To which his Worship referred him to a lawyer whose business it was to advise him. CoWIB V. RICHARDSON. Claim £3. W. Henderson for plaintiff, and D. Reid for defendant. This claim arose from the defendant detainiog a cut of a horse, the property of the plaintiff. Mr Reid pleaded not guilty. A. Cowie deposed that the block, or wood cut, in question was brought over from Melbourne by Mr Richardson when they were in partnership together. It was charged at £2 10s, but when the dissolxifeion took place, he (Cowie) to r »k over all the stock, tlxe block Richardson then charged at .£3, which he paid. A list was then handed to Mr Cowie, and he was asked if it was the stock list, to which lie replied '* No." Witness continued — Tt is nothing like it. The stock list tvas entered up in a book. There were two arbitrators at tlxe settlement of the partnership — Mr Alex Stewart, Balclutha, and Mr Sligo, Dunedin. Plaintiff had written to Richardson claiming the bl-ick, but his letter was returned unopened. [Letter produced.] lie helievrd the value of the block to be about 30s. By Mr Reid — Hedid not know that Richard son only paid 25s f->r it in Melbourne. He (witnrss) woxdd give £2 for it He was quite sure tha* the blcck was entered in the stock list. If Messrs Hi^o and Richardson siid it was not he would contradict them, for at the time; he drew Mr A Stewart's attention ! to the price charged for the block, aud said that it was too much. Alex. Stewart deposed that he had acted as arbitrator in the dissolution of Cowie and Richardson, tie did not make xxp the sto k list, but went over every i em. The list handed to him was not the stock list, or anything like it. He remembered the item in dispute particularly, as Mr Cowie drew his attention at the time to the price charged for it, which he said was excessive. Mr Reid did not cross-examine the last witness, stating that he was quite satisfied with his testimony. In addressing the Bench he said he saw his client wm to loose the case, bxxt he held that 25s wailK that could be claimed, as that was the cost price of the block in Melbourne. Mr Henderson, in addressing the Bench, on behalf of the plaintiff, objected to his learned friend's statement that they could only recover the cost to Richardson in the first place in Melbourne of 255. His client paid £3 for the artiole, and he held that they were entitled to recover that amount. His Worship, in summing up, remarked that plaintiff had paid for the article in question, and that it would be monstrous to say that he should not get it. He gave judgment for the block to be returned in seven days, together with costs of Court 12s ; witnesses expenses, 10a ; professional fees, 21s ; or in default £3, to be paid for the block. His Worship remarked that he could only characterise the action of the defendant as an impudent attempt to claim goods belonging to another person. M' DONALD V. I-OBBIE, Claim of £45 2s on a dishonoured bill of j exch ante. I Mr D. Reid appeared for plaintiff. Defendant pleaded indebtedness. His Worship gave' an open judgment for the amount claimed. With costs, £l 12a; professional fees, £2 2s.

TRANSFER or PUBLICANS LICENSE. P. O'Kane applied to transfer the license held by him at Stirling to Mr, Wm. Rae. Mr W. Henderson supported the application. Serjeant Daly spoke in favour of Mr Rae's character as a license in the district. Application granted.