Resident Magistrate's Court.

Clutha Leader, Volume II, Issue 75, 16 December 1875, Page 5

Resident Magistrate's Court.

Balclutha, 15th Deckmbku. (Before J. P. Maitland, Esq , R.M.) Judgment was delivered in the case of DUNNE v. m'NEIL,

In. which the plaintiff sought to recover the sum of £16 17s Sd from Alex. M 'Neil, (as administrator in the estate of the Into Jaws M'Neil). A set-off amounting to £60 was lodged by the defendant. His Worship in summing \ip, amply proved that ho had gone very minutely into every detail taken in evidence pro and con. Hn spoke of the manner in which tho plaintiff's hooks were kept, and which at first assumed a very serious aspect, but he stated that lie had carefully examined the books and found that several leaves were lost out of the ledger, aHd that the style in which the late Mr Jas. M'.N'eil's account was therein, corresponded with the general style adopted by the plaintiif in keeping his accounts, therefore there was no reason to believe that the account in question had been made up, as many others in the ledger were of a similar nature — very incomplete. There were cases where items were in the ledger and not in tho day-book, and where items were in tho day-book and not in the ledger. He further spoke of the various witnesses' statements, and summed up by giving judgment for plaintiif for £15 7s 2d. Mr H'o worth opposed costs to the plaintiff. Mr Taylor stated that defendant had imputed serious charges to plaintiff, which, his Worship had by his summing up completely removed, and therefore plaintiff should have costs. No costs wcro allowed, his Worship intimating that plaintiff had been careless in keeping his books rOLICE T. JEREMIAH HABTNAT. Charge of being drunk and disorderly. Defendant pleaded guilty, and stated it was the first time he was caught and it should be tho last. Fined 10s, or 24 hours imprisonment. DR. SMITH V. THOMAS HARVEY. daim of £7 7s forjprofessienal attendance rendered. W. Taylor, Esq., appeared for the plaintiff. Defendant did not deny the cailm, but stated that he had paid the amount to his employer, Mr Stratfore. Judgment was given for ahe amount claimed, £7 7s; .professional fees, fc£l Is; costs, 745. Total, £9 2s. D. WHTTOCK V. COLIN THOM. W. Tayloi, Esq., appeared for the plaintiff. D. .Reid Esq., for defendant. Claim of £22 Us 6d, For a stack of straw, rent, and paddockage. Defendant paid £2 10s into Court, aud disputed balance. After a lengthened cross-exatYunation of witnesses, his Worship gavo judgment for amount paid into Court without costs. t). KIRBY V. J. KNOX. H. Howorth, Esq , appeared for plaintiff. W. Taylor. Esq., for defendant. Claim of £117 19s, For broach of contract in cartage of timber from Tapanui to Popotunoa Gorge. The -clivim was reduced to £LOO in order to bring the case within the jurisdiction of the Court. Mr Taylor raised an objection to tho framing ■of the plaint, stating the amount was beyond the jurisdiction, inasnuch as tho allowance of the contract price for the timber o.ff the claim for damages was a paymoat made by plaintiff to defendant, and an amount could only be reduced by payments to bring it within the jurisdiction of the Court, where they were made by the defendant to the plaintiff. The amount was not sufficiently reduced, and that that Court had no power to allow the plaintiff to alter his claim, it being over the limit of jurisdiction. The Court haviuc; no power to hear the claim, it had no power to allow it to bo amended. After argument, his Worship ruled that he had power to allow the amendment, and the case was proceeded with. Mr Taylor askdd that his objection be noted by his Worship, as he might hereafter apply for a prohibition. Mr Howorth called David Kirby, Iho plaintiff, who stated that he had arranged with the defendant in November or the beginning of December, to cart timber from Tapauui to tho Popotunoa Gorge at lls per lOOfeet. Them does not appear as yet to have been any agreement about quantity, the price only being mentioned. The cross-examination of the plaintiff wag not finished when the Court rose. His Worship intimated that he would sit immediately upon arrival, on Wednesday next, and sit until the business of the Court was finish cd. The Court adjourned at a quarter to four o'clock.