MAGISTRATES' COURTS.

Lyttelton Times, Volume XXIX, Issue 2288, 23 April 1868, Page 3

MAGISTRATES' COURTS.

LYTThLTON. (Before F. D. Gibson, Esq., R.M). AssAULT.-Francis Quartly stated that he went to Lake Ellesmere Station to Berve a summons on Hugh M'Quinn, and after staying some time, he asked Catherine Dockery who was at the station, if he could leave it there. The accused then took up a siick and hit him over the head and arms, and threw stones at him. The charge was admitted, and a fine of £1 was imposed. CIVIL CASES. Bowers v. Julian.—Claim for £1 is for photograph of Lyttelton. Judgment by default, with 17s costs. Patnb v. Daley.—Claim for one third share of the Lady Fenwick. Defendant stated he was only acting as agent for Mr Hales, Judgment reserved. 6. R. Hart v. Rayner.—Claim £.30 8s lOd for wages. Mr Natder appeared for plaintiff, and Mr Bamford for defendant. G. K. Hart stated that the amounts accounted for were, to the best of his knowledge and belief correct. By Mr BamfordKnew Mr Briggs, who went through the file in February last. Had not stated to Briggs that all accounts had been settled. Saw Mrs Hayner in February, and believed he had received two cheques from her, Mrs E. Rayner, defendant, stated she had had an interview with plaintiff, and had told him that she was in no way liable. She did not pay in cheques every week during her husband's illness. She paid him every week for himself and the hoys. He made no further demand on her. He made no demand for former services. C. IS. Briggs, clerk to Messrs Ward and Reeves, stated that on the Bth February last lie was sent over by the firm to look into the affairs of the late Mr Hayner Saw I .'art, and told him he wished to go through the files from Ist January to date. In looking over the file they came to a small piece of paper which Hart crushed up in his hand. Requested Hart not to destroy anything. Looked at the paper and saw it was a memorandum in Hart's handwriting to the effect that he had received wages up to February Ist. Remarked to Hart "then the old man does not owe you anything up to last Saturday." Hart said "No." Told him that he must look to the estatefor the week's wages owing. Believed the paper was put back on the file. Mr Nalder cross-examined the witness, but did not shake his evidence J. Carder, trustee, was called and stated he took charge of papers and books and had sealed them up. Had searched for the receipt on file but could not find it. Mr Nalder asked that the plaintiff might be recalled. In r ply to Mr Nalder lie denied that the paper was a receipt, it was simply a note of amount received to pay wages, The paper in quesion was put back on the file. The book produced, he had in his possession, and kept his accounts made up in it. The Resident Magistrate said he had followed the evidence throughout. It was conflicting, but he felt bound to give judgment for tlie plaintiff. Mr Bamford applied for time, which was granted,

KAIAPOI. Tuesday, April 21. (Before W. B. Pauli, Esq., R.M., and C. Dudley, Esq., J.P.) Police Cases.—Messrs Burton and Co. and Messrs Sansom and Co, were fined 10s respectively for overloading public vehicles. Duncan, charged with leaving a portion of dead horse in a public thoroughfare was fined 10s and costs. CIVIL CASE. R. Stonier v. W. Stonter.—Claim £45, Defendant put in a set-off for £35, money advanced in 1862, and interest thereon, to buy plaintiff out of the army, bringing the amount up to £SB 9s. The case was adjourned for a week, in order to enable the parties to come to an amicable arrangement. Deas v. Haatfield.—'l his was a dispute as to wages. Judgment for plaintiff, £8 4s 6d. T, H. Harris v G. Kilgodr—Claim, 12s. Defendant admitted the debt, but pleaded a set-off of 15s for a coulter he proved to have been lost by plaintiff's neglect. Judgment for defendant, 3s and costs. Same v Pashbt and Edwards— Claim, £2. This was a dispute respecting firewood, which defendants proved they had paid for. The bench nonsuited plaintiff with costs. John Harper v It. Rice.—Claim, £2los. Plaintiff admitted a set-off amounting to 3s 6d, and judgment was given for the balance,