RESIDENT MAGISTRATE'S COURT.

Press, Volume XII, Issue 1578, 27 November 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

Chbistchubch---November 26. [Before 0. 0. Bo wen, Esq, R.M.]

Trustees of Edward Q-eorge v. Shailer— Claim for £9 7s 91. In this case, which was very complicated, the pi-tin tiff* were nonsuited.

J. T. Moss v J. Gatherer —This was a claim for-the value of a gold ring, alleged to be detained by defendant After hearing evidence his Worship gave judgment for plaintiff for£l. Montgomery v. Johnson —Tn this case the plaintiff claimed the difference between the price at which he bought a cargo of timber from defendant and selling price on following day. Mr Nalder appeared for plaintiff; Mr Wynn Williams for defendant. Plaintiff said defendant called on him in reference to the purchase of a cargo of timber ; he (plaintiff) did not buy it then, but. did the next day. There were nearly 20,000 feet of timber, and the price agreed upon was 10s 6i per 100 feet. He found afterwards that defendant had sold the cargo to another person. He attended a sale of timber at the Unim Wharf next day ; it was the same sort of timber. By Mr Williams—Johnson did not say he wanted mc to sell the cargo for him. Johnson did not say I was not to close any bargain without seeing him. It was Green sold the timber to mc; he concluded the sale for 10s 6-* per 100 feet. He said he was authorised by Johnson to sell the timber. — Green said he sold the cargo of timber for Johnson to plaintiff for 10s 61 per 100 feet, free of wharfage. He telegraphed to Johnson immediately he sold it. Johnson instructed him to sell the timber. By Mr Williams—-I received a telegram afier I had sold the timber, saying the price wa's too low. The telegram was in answer to a telegram I sent, as to whether I was to sell at 9s 6d. I consider 10a 6d a very fair price, taking the cargo. S. Needham said he was in Port a few days since; he saw Green and defendant together. Green asked for his commission, and the defendant said he would pay him when he came to Christchurch.

I — Hair siid that tim ber was sold the day after the transaction at 12* 3d per 100 feet. It was sold in quantities of 1000 to 2000 feet. Defendant said he never authorised Green to sell the timber without his knowledge. Ho did not offer to pay Green the commission. Judgment was given for plaintiff for £15. Lyttblton—November 26. [Before W. Donald, Esq., R.M., and — Boys, Esq., J.P.] Henry Bridger, seaman, was charged with refusal- of duty on board the ship Blue Jacket. Frederick Williams, chief officer, deposed to prisoner having refused to do any more work on board the ship on the previous day. He (witness) gave prisoner time to consider, but when again requested to go to work he still refused. Prisoner, who said he was the worse for liquor at the time, arid expressed his willingness to return to his work, was ordered to be sent on board his ship John Jones, charged with indecent exposure in a public place, was fined 10s. Wright v J>Ovly—ln this case, which was adjourned from Monday last, the defendant put in a set-off; part of which was dispuved by plaintiff; it however appeared that the remainder undisputed covered the claim, and judgment was given for defendant with costs.

Cuff v. DeßourbeL—Mr Nalder appeared for plaintiff, and Mr Hanmer for defendant, ibis was a claim for exorbitant charges on distraint for rent. Mr Hanmer applied for a nonsuit, on the ground that his client was not the proper person to be sued, and argued that the landlord (Air deßourbel being agent) was the proper person to be sued, tie contended that the charges were not extortionate, and that if Mr Nalder pleaded on illegal distraint the case was beyond the jurisdiction of the Court. Mr Hanmer here puid the sum of £2 14s into Court as a tender, whi-h amount was notaccepted by plaintiff's solicitor.

Mr Nalder requested that the defendant would produce the authority on which he distrained. A private receiver required an express power to distrain.

An attested copy of power of attorney was produced by defendant, Mr Hanmer stating that the original was deposited at the office of the Registrar of Deeds.-

The Resident Magistrate remarked that a landlord could only distrain for the amount of rent due; some of tho charges were evidently illegal, such as mileage and poundage, both-of which were charged in the bill presented. Mr Hanmer "waived the question of his client not being the proper person to si'e, but still contended that the charges were legal. Mr Nalder said he should object to the whole of the charges. The plaintiff deposed that the charges were paid when the distraint was made, which was just after bank hours. He offered a cheque, which the bailiff would not accept, and he had to get cash. No inventory of goods was made, the man never went over the house, only into the public room, and did not stay in the houee. After he first came in he went out, and afterwards returned to receive the money.

Mr Nalder submitted that the whole of the charges were illegil excepting such an amount as the Bench might think just for the distress.

The_ Bench gave judgment for plaintiff for £5 103, the amount of the summons, with 24s cost*. The original account was for £6 18s, but owing to some clerical error the summons was only made out for £5 10s; the judgment was therefore given for the full amount of the summons, the Resident MigUtrate remarking tliat he should have allowed a reasonable amount for expenses, which would have been about the difference between the amounts.

Mr Nalder made application for professional expenses, this being a case which a nonprofessional person could not well have conducted. The Bench granted £2 2s. Williamson o. Dimond—Claim ss, for damage done to a fence. Judgment for the amount, with 7« oosts.

Williamson v Chnrles —Claim ss, for damnge done to the same Judgment for p.amtitf, with 5s cost*. P. Kox and Another v. Paine—Claim £4- 17s 0.1, for meat supplied. .Judgment, for piuintitr. wit!i 7s cost*.