RESIDENT MAGISTRATE'S COURT. EXTENDED JURISDICTION.

Nelson Evening Mail, Volume I, Issue 89, 18 June 1866, Page 2

RESIDENT MAGISTRATE'S COURT. EXTENDED JURISDICTION.

[Before J. Poynter, Esq., R.M.; G. White, Esq., J.P.; and S. Robinson, Esq., J.P.J Tins Day. Hodgson v. Pike.— Claim on a hill of exchange, balance of Avhich was disputed. After an investigation, the Court gave judgment for plaintiff for £61 Ms. 2d. Akersten v. Owners of Thane.— Claim £45 18s. Id., for ;;oods supplied to the captain, the amount having bcaii reduced from £7S. Plaintiff stated the goods Avere generally ordered hy the officers of the vessel; these Avere ordered by the steward. Mr. Little Avas the agent of the vessel in April, lie requested witness to keep the steward's account separate and promised to see him paid. Wheu the ship Avas leaving, after the Avhole of the goods had been supplied, Mr. Little promised to pay the whole amount. It was the custom Avhen owners furnished their ships by providores to advertise their intention, Avhich they did not in the present instance. He claimed the money from Mr. Little as a right and not as a favor. He might have complained that he lost Cusack's account by Mr. Little not deducting it. He did not get orders for the goods supplied to the ship. He always looked to the owners for payment. He Avas never informed that Cusack Avas providore, and that the oAvners were not responsible. He Avas desired to keep separate in the book the items ordered by the respective officers. Mr. Little said on receiving the account he would stop it from the steAVard's Avages, and see witness paid. He never sund Cusack in consequence. Mr. Little said : I am agent of the Thane. Cusack was appointed and advertised as providore in January lust. He left for Okarita in March. When the steamer Avas sailing in March, plaintiff presented an account of £81), saying £10 of it was for wharfage. Cusack's hill was not spoken of. Plaintiff asked m

to protect him to the amount of Cusack's bill, £10 or £11. I saAv liim when the vessel came back. He said, in presence of Mr. Pitt, it was a hard case; I had lost him that £10. I Avas not able to get the money from Cusack, avlio Avas not able to carry out his contract. The officers Avere forbidden to give orders for the ship, and the plaintiff was cautioned not to supply them. The plaintiff knew it Avas a rule of my office not to supply goods Avithout a written order. I paid Cusack's account in full, but could not stop this amount, nor could I guarantee to do so. To Mr. Pitt : I did. not give the plaintiff" notice, Cusack Avas appointed providore. After this account Avas in, I had a settlement with Cusack of -£60 odd, but there was no balance to pay plaintiff. The Court held there had been remissness on the part of the plaintiff, but defendant had made certain admissions; nevertheless, a verdict for plaintiff Avould be given for the full amount, £45 ISs. Biackmore v. Pike and others. — Claim £138 16s 2d., for Avages, reduced to £100. The defence was, the possession of a receipt in full of all demands, Avhich Mr. Pitt for plaintiff, contended Avas giveu under a mistake of facts, and. consequently, Avas not binding. As the account was long and complicated, the Bench suggested it he referred to arbitration. This Avas not agreed to by Mr. Adams, for plaintiff, and the case Avas postponed till Wednesday. De Carle v. Husington.— Claim £100, on a bill of exchange to Langford, whose estate plaintiff had purchased from the trustees. Mr. Pollock Avas in attendance, and produced a copy of the schedule. The Magistrate adjourned the case for a fortnight, for the attendance of defendant. De Carlo v. Waylen. — This was a claim of £75 for goods supplied by Langford to the defendant. The delivery of the goods was proved, and judg-nent given by default for plaintiff. Subject to the approval of the Inspector of Insolvent Estates. John Burns was sentenced to 14 days imprisonment, for absenting himself from the ship William Watson Avithout leave. The same defendant and Joseph Power Avere fined £2 each, or 14 days imprisonment, for assaulting Mr. Joseph Trimble. Charles Parson, aud Francis Harris were sentenced, the former to six months, and the latter to three months' imprisonment, in Nelson gaol, for stealing clothes and coins from Mrs. Catherine Donkin, Nelson.