EXTENSION OF EESIDENT MAGISTRATES JURISDICTION COURT.

Hawke's Bay Herald, Volume 2, Issue 62, 27 November 1858, Page 3

EXTENSION OF EESIDENT MAGISTRATES JURISDICTION COURT.

This Court was opened on Monday, at 10 a. m. The following causes were heard before the Presiding Officer, C. D. R. Waed, Esq.; J. P., and a Bench of Magistrates. JSewton and JBrowneja. 'Burton. This was an action for the sum of £36 3s. Bd. being damages alleged to have been sustained by the plaintiff's through the carelessness of the defendant, a boatman, in landing certain goods. Mr. Newton proved, that the goods were handed over to the defendant from the " Wonga Wonga" steamer, and delivered at his store in a wet and damaged, condition. The amount of the damage done was also duly proved. He sent a cart to the beach to receive -the goods when landed. Henry Thomas, stated that hehadSbeen employed by the plaintiff to cart the goods from the beach to his store ; that he went into the water to receive the goods from defendant's lighter ; and that -affcejvthe cart was laden, owing to the weight of the cases, a bolt sprung, the cavt tilted up,' and the cases fell into the water.

The Chairman in his summing up, pointed out to the Juiy that the .carter was employed by the plaintiff to receive the goods from the defendant, and that the defendant had consequently discharged his duty on delivering the goods to him, unless the evidence led them to suppose that the carter was hired by the defendant to drive into the -water to assist him in landing the goods or that there was gross negligence on the part of the defendant in overloading the cart. After some deliberation the Jury returned a verdict for the defendant. Crossev. Tiffen. Adjourned by consent of both parties to the Court at Waipukurau. Salmon v. Morris. Mr. Lawrence, as agent for Capt. Salmon, claim- ( 'cd £20 as a year's rent of a Whaling station, "House, and land at Waikokopu, from Mr. Mor~ris. Plaintiff proved that defendant had held the station for several years, and had paid for 5 years rent of it. Defendant did not deny the occupation or payment of rent during the time mentioned, but declared that the land belonged to Natives, and that therefore rent should not be charged by Captain Salmon. Plaintiff denied that the land was Maori ground. Held by the court that a tenant had no right to question his landlord's title. The Jury returned a yerdict for plaintiff for amount claimed. Salmon v. Morris. This was an action for £20 claimed as rent for the above whaling station, in consequence of Morris' refusal to deliver up possession. i Caso withdrawnion Morris* consenting at once to give tip ; possess Jo"n to Plaintiff. The following cases, . set down for trial, were settled.but of court:— Slceet v. Sollis t damages £40. Hizmlin v. Ahiltea TIM Tiki; debt £21. Kamlin t>. Romance, debt £13 183. 63. Mollis v. Blair,, damages, £30. . Mriearthy v. Pyett, damages, £27. -.-:'■'■..■'■• Pewit «." J. JP. Fitzgerald. An action for debt, £.65. Case undefended. Judgment for plaintiff, * KeAncdy v./C/idrlton. \ This Twits an. nctlon brought by Mr. Kennedy as agent -for Messrs. Stuart, Einrpss, & Co., against Capt. Charlton^qf the "Southern Cros.s," for £51" beragij^^unt^df damage jaid by the above firm for iiij^^tq 'a woolpress while used in stowing! |he.cargo'^thyfOTSel. in question. , : CaptrCharl- , tpnriatnftfed iss liability, -buttstatedrthat, the .ow>; . nersipf; the vessel ahbuld'have b^en first agplsecfc' <jo. v . JgkyißtUfs stafed that the iQwaera were l)ank'^ i -.judgment for plain tiff for amount' chimed, }Z. done ! by J dtefendant.aiid? ■J|i^a6g|^^inti|e|^^^i^^ V| Befendant dWnot'Jagpeai!:.^^^, plaintiff^a'rly'jjrpt-| : e r^fi||Se^,d > -s^&# ;^

claimed through the defendant's acts > . jiiclginent was given accordingly. ,

, Macfarlcme v»Loan. In this case the summons hadnofc been served within the proper time, and the ease was tberefoue adjourned. . V