R. M. COURT.—Thursday. [Before R. C. Barstow, Esq., R.M.]

Daily Southern Cross, Volume XXXII, Issue 5287, 22 September 1876, Page 3

R. M. COURT.— Thursday. [Before R. C. Barstow, Esq., R.M.]

Judgments for Plaintifvs. — Henry Partington v. William Foot : Claim, principal tad intciest on three moaey orders, £-39, coitf, £3 17a. ; Mr. Thome appeared for plaintiff. — Robert William Duder v. Frederick Goertu : Claim, balance of account, £4 5i. 3?»(1., coitt, £1 13s. Gd. ; Mr. Tyler for plaintiff."— Thoma» \V. Marsh v. Chailes E. Madden : Claim, promissory note, £12. costi, £1 7s. — Edward Waters v. Asjnes Bixter : Claim, balance «f account, £.i 16s. 8d., costi, £1 6« 6d.; Mr. He*keth appeared for plaintiff. — William Craig T. Hu o 'h Keid : Clnim, work and labour, £4 12«. Od , costs, £1 4s. fid. ; Mr. Brock appeared for pi iiutitf Cliailes Manes v. W. Young : Cltum, goods, ti 10^. M. oosts, £1 4s. 6d. ; Mr. Meyei .lppeau'd foi ]>laintifF.-~ Henry Daffy r. Valentine Dl.igiove : Cl.un, l'3, w>ti, i Tnspj>li Abbott \. James U..ikms . China, I -,'o^ils, !<•=•• (.<!.. co^sN, 14r.

DKFKXDKD CASE. Murdoch Ros-, \. M\urix|DAKAHER.— Claim, balance of account, £30 Is. 7d. Mr. Tyler appeared for plaintiff; Mr. James Russell for defeudant, This was a case of disputed items of account. Plaintiff had agreed to put ia piles at the reclamation works for which defendut was contractor. His price for Ions P^ es WAI 10" each, for short piles 5s. The long ones wer« t* be sunk 3ft., and the short ones 18iu. Th* sheeting also he offered to do at 12*. 6d. p*r square, but Afterwards agreed to d» it at 12s. The short piles he actually sunk 2ft. Aft*r I putting in some long piles, he had been stopped by Mr. Taylor, of the Harbour Board. Afterwaid* he received orders to continue putting i» the long piles, but to sink them four feet. Thii be did under nistiuctiona from defendant aid Mr. Taylor. He put in 25 to a- depth of 4ft,, .in.l 23 to a depth of 3ft., making 48 in nil. Nothing was sud about his getting more forth* e\tia foot. He considered Is. 6d. to 2f. a ieason.iblo charge for the extra foot. The same alteration was made with the small piles, which ho was ordered to sink 3ft. He kadsumk 18 of these the e\tia foot. He had put in 11 only 2ft. Of the sheeting he had done 115 sqiuies. He lmd been delayed months for want of matciial, and had then knocked off. A portion of the woik was found fault with by defaad mt and Mi . Taylor. About 3 piles were falling out towaid« the sea. Thty hail been put in the full deptli oideied, but the short piles »t the b ick had not been let in. These were not in plaintiff's contract. One portion of the work wlieie ho had put the small piles had gone out through the filli g m not having been done. He h nl not i,jree J to put in n certain number of piles, not to woik foi <i certain time. A Mr. Dundass had done some of the piles and sheeting upon the contiact ; but plaintiff said that hc°h.id not charged for any of that. He had not charged foi the braces, though he had tii«d them, beciuse he could not do the other works without them. Mr. Taylor had complained of the " batter'" at one particular place.— Thomas Peek, shipwright, James Kelly, Angus McLean, and James Chffoid, who had assisted in th* woik, weie called to give evidence for the plaintiff.— For the defence, Mr. Danaher showed euoi<» in the plaintiff's calculations, and proved defects in his workmanship. In portions there was too much "batter" to the txtent of 13 inches. 23 piles would have to be moved, at a cost of £11 10s. Altogether he would hare to E>l>end £25 10s. He considered that he had overpaid plaintiff.— Charles Dundass and John Taylor, Inspector of Works for the Harbour Botud, gave evidence as to the quantities in the work — Leirned counsel addressed the Court, and his Worship gave judgment for tb* plaintiff, £'3 4s , costs, £5 10s. Appjtcaijon'.— Mr. Thome applied to th* Court in the matter of Oxley ▼• Kobinson under the following circumstances .— Th« account had been owing for five years. On the 21st August he had written to defendant asking foi payment of the sum due, £1 18§. 4d., and receiving no leply had taken out a summons. On Wednesday last he had received from the Cleik of the Couit a cheque for £1 18s., ac companied by a receipt in full. This, howeTer, he declined to sign, as besides being id. short, theie was nothing for the solicitor's fee.— His Worship on referring to the summons found that there was no affidavit of service. He could therefoie do nothing in the matter. -Mr. Thoinosaid that had the solicitor's f«« Wesn allowed to have been placed upon the summons the necessity for his making th« application would probably not have arisen. Tiik Ponsonby Rival Highway Boabd9.— Mi. Tylei, and with hLn, Mr. Hesketh| applitd i/U the pai t of Joseph Pooley, a ratepayer, lor a summon* calling upon Andrew Stewart, Jamea Moi ton, Joseph Augustus Tole, James Dacr*, «tn<l George S.irgeant Jakini, ns trustees of tha PoHxonby and of Dedwood district to show cause why they shall not be ousted from *ffic* on the giound that they are unduly elecUd, and also th it they were elected contrary to th* pro\isions of the Highways Acts, 1867, 1871, .mil Amendment Act, 1S71, Act 1S74, Amendment Act, 1875 —The learned gentlemen put im ,i number of Highway Acts and Amendment Act\ also various Piovincial Government Gazettrs. They gioundcd their application on affidavits made bj Thomas Pooley, a iatei>ay*r of tlie iliifciict, ami Thomis Masefield.who claims to be the ch liiuian >>f the legally -elected Board. —His Worship granted the application, and stated that this d.ij (Ft id iy) week would beth* earli 'st day upon which he could hear the east. It was determined that that day should be th* diiv of hearing, with the understanding that on the Saturday the Couit would not sit leyond 1 o'clock, so as not to interfere with the half-holi-day. Though the summons u to i*»ue against Mr. Tole. it will not bo served during the session of Parliament. C'asi: Adjourned.— Williiiu Kirby t. John "Wullaly : C'luira, goods, £3 (?i. -Mr. Armstrong .uipeuoil for plaintiff, and obtained an adjourn ► nient till next Court day, by which tim* it will prohibly have been arranged.— The Court rose .it "» o'clock.

Ma nu Tvv un os Had Musicians.— The musical public and sruitT-i.1 reirtprs are cautionou not to purcn is* \\ eiton'i Wizaid Oil anJ Mijfie Pills, without carefully eviminm? the rttit-tde wrapper- *nd be iuw that tb* uords "None Giiiuins wi liout the Signature of the Pr .pnetor.— Frank Wo-iton, Sydney. N.8.W ," *r« enemved th. rcon An\ other *>-c-vUr4 preparatioai of mine, Jin unanthnrinod by me, and calculated »• misleiul the public— Signed, Fkave W'fwki. ffohj, agents, Kwjmio**!*, P«O«si«, A3* Ct.— Pric», B*tfn Crowa.