RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VII, Issue 1929, 12 July 1869, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. Chetham-Strode, Esq., R.M.) FURIOUS DRIVING. William Brown and Donald Macpherson, furious driving in Liverpool street. From the evidence of a constable it appeared that the men had been racing with express waggons, and in the excitement one of them narrowly missed overturning a perambnlawitli a child in it. 'The men excused themselves by eacli claiming to be the first to have seen a tl tg, and therefore entitled to the job. so that each strove to be first. They were each fined L 4 and costs. DRUNK AND DISORDERLY. Annie Dunbar, who has been convicted thirty-six times of this offence, was fined 40a, or to be imprisoned one week. Alexander Moore, D. M‘Ken/ie, and Michael Clark, were each fined 10a for being drunk ; Margaret Ro Anson, for disorderly conduct, was fined 40s, she having been committed nine times previously; Alice Hawley, for drunkenness, was fined 80s, or 4 days imprisonment; William .Smith, having been thrice convicted, was committed to prison for six weeks with hard labor. C. Williams, was discharged. Annie Mansfield pleaded guilty to conducting herself in a disorderly manner by soliciting prostitution. She was fined 40s, or to be imprisoned one week. APPLICATION FOR A RE-HEARING. Mr Macassey applied for a re-hearing of the case of Jago v. Hutchins. In this case, which was decided in the Court a few days back, the plaintiff (Jago) recovered a verdict in his favor for the sum of LI 5 14s 7d, the amount of an order given upon the defendant by one Riddell, which the defendant verbally agreed to pay. Mr Macassey asked for a re-hearing on the ground that, to justify the plaintiff in recovering the amount, it was necessary to show that the money was at the time actually owing, and no such evidence was given. That, on the contrary, the immediate payment was refused in order that more work should he done. The application was opposed by Mr Stewart, who maintained that every opportunity had been given to the defendant to justifj' his refusal, that be had not done so, and that no new point had been raised that would justify the request being granted. He held that the verdict was justified by the evidence adduced, and that in justice to the plaintiff, the decision should be considered final. The Magistrate took time to consider his decision. He would state it on Friday. Civil Cases. Bird v, Curson Burslem, applied for an order to compel immediate payment of LI 14s sd, judgment for which was obtained on the 14th June. The defendant, a mere youth, was receiving 22s Gd per week as messenger in a wholesale house, from which be was dismissed on account of pr esent proceedings. The balance of his wages amount <1 to L 2° An ••rder was given for immediate payment of the amount with costs, or the defendant to be imprisoned 14 days. Time was given to obtain the money. Curie v. Marshall and Beveridge.—A claim for Is Gd, balance of account. The original amount was for LI 14s, of which LI 12s Gd was paid into Court. Two witnesses were called to support the statement of the defendant. Judgment for the defendant. Co ts, amounting to los to he paid by the plaintiff. Ferguson v. Hammond. —Ll2 10s. Mr Ward for the defendant, pleaded not indebted. The plaintiff claimed of the defendant the sum sued for being the value of a horse purchased by him of Hamin nd, which appeared to have been placed in his hands for sale by a person to whom it had been lent by Mr Thom s Rcdmayne. Air Redrnayne stated that he h.ul lent the horse to a person who represented himself in nm-dy circumstances, hut able to make a living by working an express waggon. He was induced on this representation, to lend the horse to him (George Re Imayne), and the man put it in Hammond’s hands t > sell. After some time, Mr T. Kedm ync heard that the horse was in lerguson’s hands and claimed it. . The Magistrate : The horse not having been sold at public a ction, which would have rendered the purchaser liable to all risks, and the horse having been sold as Hammond’s own horse, it was clear that he was liable for the amount. Judgmeut was prven for the plaintiff accordingly. Blair v. Barclay.—A claim for L2 10s, balance of rent. Tim defendant pleodcd not indebted, The plaintiff - tat d that Barclay had paid him rent for the cottage for six years and now refused to pay the rent. _ I he defendant replied that the rent was paid for the land, not the c t age, which he had built himse f. Had the summons s‘ated that tire claim was for the rent of land he should have paid for it. Judgment for the plaintiff tor the amount claim-d. Strang v. M ‘Pherson.—A claim for LI 2, for a waggon sold and delivered. The case was undefended, and judgment given for the amount. Strang v. Cooper, LI 17s Gd,—The defendant admitted being indebted for two loads of sand ami two bags of lime. Judgment for the plaintiff for the amount. Mary Stevens v. Heyrnansou. —The plainclaimed L2 10s for one month’s wages, and L 7 10s for the value of a box of clothing detained. The defendant pleaded not indebted. The plaintiff stated that she agreed to enter the service of Mr Heymanson at L2 10s a month, and if she suited, she was to have a “rise." The service vas to hi determined by a week’s notice on either' side. She had given a fortnight’s notice, and Mr Heymanson refused to pay her the wages due, as if he paid her she would go ; nor would he allow her to lake her box of clothes. In answer to the defendant, the plaintiff acknowledged that she had at different tunes stayed out until unreasonable hours of the night. She had been on one oc asion out in the rain with a man in the garden, but not for an hour and a-haif. She did not attempt to strike Mrs Heymanson two days after she was confined, nor was she prevented doing so by the nurse. She had heard the child went into fits. Mrs Howard

gave evidence that the girl wss engaged, for ft month only. The defendant said the girl was engaged as servant of all work. She frequently stayed out late at night, and proved very inefficient, so that he was obliged to get persons to assist her. She ieft suddenly although on the previous Tuesday it was underwood she was to have staid. Mrs Watson gave evidence as to the behaviour of the girl in staying out late, and the other matters alluded to. The Magistrate said that the girl having been engaged for one month and therefore entitled to her wag‘3. If the master suffered damage, his rune ly was by cross action ; if faults were passed over by a master offences were condoned. Judgment for the plaintiff L 9 19s, to be reduced to L2 10s ou the box of clothing being given up. M‘'Milan v. Shaw.—A claim for LI os7jd. The defendant admitted the debt, and judgment was given for the plaintiff by consent. Hill v. Atkinson.—A claim for carrying six passengers to the butts at Green Island. The plaintiff agreed to take them for half-a-erown a bead. The defendant admitted the agreement, but said Mr Brown, cab proprietor, bad engaged to carry the representative volunteers to Green Island and that he bad paid the plaintiff the money. Mr Brown produced a receipt for the money signed by the plaintiff. Judgment for the defendant.