MAGISTRATE'S COURT.

Lyttelton Times, Volume XXV, Issue 1637, 15 March 1866, Page 2

MAGISTRATE'S COURT.

CHEISTCHUECH. Wednesday, Mabch 14. (Before C. C. Bow'en, Esq., E.M.) Ann Hockley, charged with being drunk and incapable, was remanded, in order that testimony might be obtained as to the state of her mind. Wm. Symonds, charged with being a deserter from Her Majesty's 14th Regiment, was remanded for eight days, for further evidence. Catherine Bowley was again brought up, charged with stealing a watch, the property of Robert Hart. A person from Tom's Coffee House deposed that prosecutor and prisoner were at that place on Sunday. Prosecutor said that was correct, and he had

made a mistake if he had stated anything dif- i ferent to that on the previous day. i After some further evidence was given his Wor- < ship dismissed the case, at the same time advising prisoner to keep a more orderly house. CIVIL CASKS. Tbavebs y. Hendbbson. —This was a claim for £40. Defendant did not appear, and judgment was given against him. Shortly after defendant entered the Court, and the case was re-heard by consent. : Mr. Travers appeared for plaintiff; Mr. Macfarlane for defendant. _ ' Plaintiff deposed that he first knew defendant in the Chatham Islands, and came down with him 1 in 1864 to Dunedin. He had lent defendant money at various times, and paid money for him. Mr. Travers deposed that his son came down with defendant from Chatham Islands in 1864, and defendant told him at that time that his son had assisted him with money and in other ways. Defendant had told him since that he had plenty of money in 1864. Mr. Hunt, of the Chatham Islands, deposed that defendant came there in a whaler, and stopped with him; but did not pay him for board, as he said he had no money. _ Defendant deposed that he lent plaintiff money in 1864, and they came to Dunedin together, when defendant lent him some more money. Plaintiff got some money afterwards, and repaid him. _ Defendant further disputed all the items mentioned in plaintiff's account. _ On cross-examination, defendant said that h# landed in Lyttelton with only 6s from Dunedin, and stopped at Leslie's a few days, and paid him with money borrowed including ten shillings from Plaintiff. He could swear he was not at Leslie's more than a month, and could swear he was not there a fortnight. After some further evidence, the case was adjourned till the next day. E. J. Saunders v. J. Bowmakeb.—This was a claim for £50 14s for professional services as an architect. Mr. Joynt appeared for plaintiff, and Mr. Duncan for defendant. From the evidence of plaintiff it appeared that defendant had taken plaintiff's advice as to a tender he wished to mike for some Government work, viz., the Eaiapoi Bridge, and ' defendant told him not to charge much if he did not get the contract. Subsequently defendant got the_ contract through tendering under plaintiffs advice. _ Mr. Luck deposed that per cent was a fair rate of charging for a sum of £2000 in taking oub quantities. From the evidence of defendant it appeared that he had not expressly engaged plaintiff to take out quantities, but had tendered on his own judgment, and had paid plaintiff £1 for any little trouble he might have been put to. He had subsequently offered plaintiff £10 to prevent trouble, but it was refused. His Worship in giving judgment said that he was not satisfied that the plaintiff had any right to charge as a professional man. He was not satisfied at the same time that Mr. Bowmaker did not get some advantage from comparing his work with that of Mr. Saunders. He should give judgment for £10, but plaintiff must pay all the costs.