RESIDENT MAGISTRATE'S COURT. Monday. [Before T. Beckham, Esq., R.M.]

Daily Southern Cross, Volume XXII, Issue 2682, 20 February 1866, Page 6

RESIDENT MAGISTRATE'S COURT. Monday. [Before T. Beckham, Esq., R.M.]

The following cases adjourned from. Thursday last were heard :—: — THOMPSON Y. JOH^ WKIGLEY. Mr. MacCormick for plaintiff ; Mr. J. Russell for defendant. Claim, £17 18s., for extras on a building contract at Newmarket. This case was partly heard on Thursday last, and to-day several witnesses were examined in support of the plaintiff's claim. Mr. J. Russell contended that the plaintiff must be nonsuited, as the contract stated that no extras were to be allowed for unless a certificate was given by the architect, which in this case the architect, Mr. James Wrigley, had not given. Mr. MacCormick contended that the clause in the contract was altered by subsequent statements by Mr. Wrigley that the work would be paid for. A number of witnesses were examined for the defence, and his Worship deferred judgment till Thursday.

BUBROWS Y. CAHLEN. Mr. "Wynn for defendant. Claim, £7, for articles detained by defendant. The defence was that plaintiff had not paid his account. '^nonsuit was recorded.

DAVIDSON Y. GWYN2TETH. # Mr. Beveridge for plaintiff. Claim, £1 45., for a brand, the defence being that 15s. was the price agreed upon. Judgment was given for the plaintiff.

CLARE Y. OBEY. Mr. Beveridge for defendant. Claim, £1110s. 9*d. A nonsuit was recorded, as particulars had not been furnished.

FABEAU Y. WELSH. ClAimi 12s. There being no appearance for defendant, judgment was given for plaintiff. ANATIPA Y. POTTS. Mr. Hill for plaintiff; Mr. \\ ynu for defendant. Claim, £12 10s. for rent of piece of land at Newmarket, the defence being that the money was entitled to be retained, as compensation for damage caused by the railway passing through the land. James Baber deposed that he was the agent for the plaintiff. Defendant was due £12 10s. for use and occupation of land at Newmarket. Witness acted as valuator for the damage caused by the railway in passing through the ground. About an acre was taken by the railway, for which defendant received compensation. He got £155 as compensation; £8 would be a fair rent, per acre. The owner was to receive £1,500 for very nearly three acres which had been taken and the proportion of that for the land taken, wliich was occupied by Mr, Potts would be about £500. Robert Potts, defendant, deposed that the Kailway Commissioners had taken more than an acre, from the land he had rented from Anatipa, at Newmarket. The £155 had been paid to him as damage to crop, and for money he had laid out. Judgment deferred.

NESBET Y. WATERS. Claim, £1 ss. for wages, the defence being that plaintiff had not been engaged. After hearing the evidence a nonsuit was ordered. The Couit adjourned at fifteen minutes past three o'clock.