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

Daily Southern Cross, Volume XXIV, Issue 3349, 10 April 1868, Page 3

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

»( [Before Xkjkbau, p-W-'i rt Jodominth por.^Plainxiits,—^9J>inaofl v. J.,,15. Cleave, £5 45.; i, S. H. Smith' j. W. u.Hanson, £3 Os. 4d. j Lee v. Maodonald, £8 08.; GAfillau and Co. t. W. Walters, £6 10s.; Posseniakie v. Nichol: son, £3 14* 6d. • , 'Judgments Comibsskd. , —Vernon y. Sadgrove, £7 14a. 6d. . Campbell v. Minefield. —Mr. Wesfcon for plaintafiF; Mr. J. B. Russell and Mr. Sheehan for defendant. This was an action by Dr. J. L. Campbell, who was the assignee of a mortgage on premises in Albert-street in the occupation of Mr. Masefield, and which had been leased to Mr. Vickery. —Mr. J. B. Russell thought he should be informed who this Dr. Campbell was, and some security should be giren for costs, in case defendant got a judgment. — —Mr. Weston said there would be no difficulty about the costs. —Mr. Russell said that the original mortgagee was not stated in the summons. He had been nonsuited in a previous case on the same plea. —Bis Worship said it was wrong to suffer these small trumpery matters to throw back cases, heaping costs upon costs. There was no necessity for it. —Mr. Sheehan said that no absolute guarantee had yet been given for the costs, —Mr. Weston said he would undertake that the costs should be paid without putting defendants to the trouble of issuing execution,—W. C. Hill, solicitor, produced a mortgage from William Viekery to James George over lot 18, section 17, town of Auckland. That was the allotment deioribed in the declaration. There was endorsed on the deed a transfer from George to John Logan Campbell. — Mr. Sheehan contended that plaintiff was not suing in hit proper character.—Mr. Ruisell argued that an adjournment should be given, and that the declaration should be amended. —His Worship said he would adjourn the case if Mr. Russell chose, but he cerqunly would not grant expenses. —Mr. Weston was qhite willing to give an adjournment, liut the Cvirt ought to mark its sense of the conduct of 'the other side by not granting expenses, —His Worship had a good mind to do so as a punishment. —Mr. Russell said he did not wish an adjournment—Mr. Weston said there was no protection for men to come there and be met with these frivolous objections. —J. D, Kelly, clerk in the Registrar's office, a document from the office. —J. Gorrie produced a power of attorney from J. L. Campbell to Robert Waterston. —E. Lepine, clerk in Mr. Weston's office, produced a notioe which had been served upon Mr. Masefield to produce a writing,—Defendant had been subpoenaed, and was called, but did not appear. —Service of the subpoena was proved.—^Mr. Sheehan contended that travelling expenses ought to hay* been tendered, and maintenance money also. —Mr. Weston said that a witness presiding oue of to,wn must be tendered his reasonable expenses, but a witness in town was not entitled to anything. —Mr. Russell said that one shilling ought to have been offered.—Mr. Weston said Masefield wa» served at his place of business in Albert-strert, which was within a mile of the Court-house. —His Worship said the words in the schedule were " place of residence," and, as it appeared that Mr. Masefield resided at Ponsonby Road, a shilling ought to have been tendered, —Mr. Russell said he was particular in regard to this case, as it pinched his own toes. —Mr. Westson^ said it could not be helped. No doubt it pinched people's toes to pay rent. —George Tarbut deposed that he had been in Masefield's employ for nearly a twelvemonth. In the absence of Mr. Masefield, he transacted business, and received money and bills for him. He could not say whether in the month of December he had received a letter from Mr. Hunt to give to Mr. Masefield. Mr. Masefield had left his house in Ponsonby Road. He had resided a few weeks ago for some time at the Cottage of Content, Victoria-street.—R. R. Hunt, clerk to the plaintiff, deposed that in December last be left a notice at the place in Albert-street. Subsequently, he asked the defendant if he had received a notice, and he said he had. Witness then asked Masefield for the rent, and he said it had better run on for a few weeks longer to m»ke up a sum worth while paying. Two or three weeks' rent were then due. The notice was signed by R. Waterston, as attorney for Dr. Campbell. The notice was that, from that time, Mr. TMasefield was required to pay the rent of the premises, 30s. per week, to J. L. Campbell. Some time after, Mr. Matefield wanted to set his account against Brown, Campbell, and Co., against the rent. He admitted his liability. —This concluded the case, and Mr. Russell argued that use and oncupation had not been proved.—Mr. Weston said he would accept nonsuit, and take such steps as would effectually gain the object he had in view. Richards v. Mullally. —Mr. Hesketh for defendant.— Claim, £7 17s. 6d., for wages, the defence being that plaintiff had been paid.—Judgment for plaintiff, £2 17s. 6d. In the after part of the day, Mr. Hesketh applied for a re-hearing of this case on the ground that the £5, which the plaintiff alleged he had not received, was acknowledged to have been received in hia own book. —His Worship said that execution would be stayed, and Mr. Hesketh would have to give notice to Richards that on next Court-day he would apply for defendant. Brat v. HANNArOM). —Mr. Brock for plaintiff; Mr. Wilson for defendant.—Claim, £16. Defendant had been employed by plaintiff to draw four promissory notes, which were signed by James Smith, who was due witness a sum of money. Defendant charged for doing the work. One of the notes had been paid, and he now claimed that the other two notes should be given up by Hannaford, and also damages for detention.—After hearing the evidence, a nonsuit was granted. Rogers v. Webb.—Claim, £2 18s. 5d., which had been paid into Court, but defendant refused to pay the cost of summons, as the bill had not been sent. —Judgment was given for plaintiff. —This concluded the business.