RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VII, Issue 1997, 29 September 1869, Page 2

RESIDENT MAGISTRATE’S COURT.

Tins Pay. (Before A C, Strode, Esq., JR.M.) Civil Cases. Ross and Glendining v. Mowatt— Luff 9s Id due on a dishonored bill, with interest. Mr Bathgate for the plaintiff. Judgment by default for the plaintiff. Wilbams v. Bell—a claim for LBS 2s 3d. The defendant was endorser of the bill. Mr Haggitt for the plaintiff. Judgment for the plaintiff by default. PASSAGE MONEYS IX ARRE A It. George M‘Lean, as Provincial Treasurer, v. Beattie, L 24 7s Mr Haggitt, as Provincial Solicitor, for the plaintiff. Judgment for the plaintiff by consent, the defendant paying Lu, anil promising to pay the balance in six months. Same v. Alexander White, L 22 14s Bd. The defendant denied the liability, and affirmed that the signature to the promisory note was not his. Un being ordered to write his name, it became evident that the signature was his own, and judgment was given for the plaintiff with costs. Civil Cases (continued).

Walter Mitchell, of Anderson’s Bay v. James Shand, of West Taieri. Mr Stewart for the plaintiff, Mr Harris for the defence. Mr 11; irris applied for an adjournment on the ground that MrShnudwas in Southland as one of the commissioners appointed to confer xvith the Southland Government on the terms of re-annexation of that Province with Otago, and on the grmmd of the absence of a material witness. Mr Stewart would consent to an adjournment on payment of costs. Mr Hai ris was willing that the costs should depend on the decision of the Court. His '■Vorsliip said that as the defendant was not bound by law to act as one of the commissioners, and therefore the course of justice should not he interrupted in such a plea, and as no subpoena had been served on the ■witness alluded to, the defendant had not done what was necessary. Expenses therefore must be allowed, Mr Harris said in that case he should withdraw the claim for a set off, and would not defend the case, but allow it to proceed. The plaintiff claimed L 37 12s sd, for balance of account for woik and labor done, Judgment was given for the plaintiff by default lor the amount. Jane Steadman (executor of the late W. Steadman) v. W. M‘Phail, L 36 13s Id.—Mr Howorth for the plaintiff. The defendant admitted owing LU 3s 3d. Judgment for the plaintiff for the amount claimed, with costs. Same v. James M'Donal*.—Adjourned on account of non-service of the summons before yesterday. Ryan v, W. H. Taggart and Carson.—Mr MTveay for the plaintiff, Mr Ward for the defendants.—The plaintiff claimed LlB 19s, for balance of wages as a trainer and jockey. From the evidence of the plaintiff it appeared ho had been engaged as trainer and jockey for Stormbird and Virginia. He also claimed money due for riding races. The custom for winning races was ten per cent, on the stakes won, and L 3 per race on losing races. He claimed LI 10s per week as trainer. In defence it was attempted to be shewn that the rale of wages agreed upon was LI 5s per week, Samuel Cook, trainer and jockey, said the current rate of wages was LI 10s a week in Otago. He had received L 3 for losing mounts and ten per cent, on winning mounts. There were persons who did not pay losing mounts ; but they generally had men in their employ who were engaged perhaps for twelve mouths. Charles Callaghan, jockey and trainer,

gave similar evidence. The defendant Taggart said he expressly agreed with the plaintiff for 25s a week, and that he told him distinctly he wen Id give nothing for losing mounts, hut ten per cent on all winnings, and probably make him a handsome present if the horses won. The agreement was made at Tokomairiro, five or six weeks after he was engaged in Dunedin. His Worship allowed the wages at 30s per week, but did not consider the L 3 per mount on losing mounts should be awarded, as where there was a fixed engagement for a time sonic owners of horses did not a 1 low it. Verdict for the plaintiff, L 9 19s. Rudd v. Maria Louisa Bell.—A claim for 1.42, for illegal detention of goods. Mr Stewart for the plaintiff. The plaintiff said he had lodged with the defendant for the past three years. Ho left her lodgings in July last, because she refused to supply him with food. The defendant set up a lien on the goods, but his board and lodging was overpaid since he left. A letter was read, in which the plaintiff acknowledged having received money in payment for his lodgings to the 2nd o'eptemhrr. She had frequently asked him to go bnck. Judgment for the plaintiff by default for the amount. Briscoe v. Baskfill. A claim for LG4 18s, for damage done to a quantity of iron fencing wire, alleged to have been the result of improper storage on hoard the ship Robert Ritson, of which the defendant is master. Mr Macassey for the plaintiff; Mr James Smith for the defendant. J -hn Mills, stevedore, who discharged the vessel at Port Chalmers, gave evidence as to manner in which the wire had been stowed. J he masters of the lighters by which the wire was brought up to Dunedin stated that they received it in a damaged state from the ship, Mr Clark, ship chandler, Port Chalmers, held a survey on the wire in Dunedin on the 17th September. Mr Oliver acted with him on behalf of the consignee. The wire was put into three distinct plots. There were on the wharf 75 bundles, of which 32 were good, 22 slightly damaged, and 21 badly damaged by soda and wder. He saw soda on 21 bundles. He would not tell what sort it was. Of the slightly damaged, he thought the rust was caused, some by salt water, some by soda water. He could not say whether caustic soda would nr would not damage more without being mixed with water. Further evidence was given ; and his Worship gave judgment for the plaintiffs for the amount claimed, with costs..,