RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume II, Issue 31, 7 February 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

Feb. 6, 1867. [Before J. Poynter, Esq., R.M.] Astell v. Franks. — Claim £1 10s., for taking a quantity of fruit from the wharf, in a boat, to overtake the steamer Queen, which had started. The contract was proved, and judgment given for the amount claimed, with costs. Barrett v. Osman.— Claim for 3£ days work at 10s. per day, for shingling and roofing on defendant's premises. Mr. Pitt, lor defendant, said his client admitted owing 155., which with 4s. costs he had paid into Court. On the plaintiff stating his case, the Magistrate recommended him to take the sum lhat Avas paid into Court. He oid so. Anslow v. Patterson. — Claim £S Is., for goods sold and delivered. Judgment by default for plaintiff, with costs. C. Harley v. Townsend. — This was a claim for -g-tn, the rent of a house that was burnt down at the fire in August last. Mr. Keon appeared for defendant, and suggested that the case be referred to arbitration, to which the Magistrate assented. A conference took place at wliich the plaintiff made an ofier, which the defendant said she would take till Saturday to consider about. The case was adjourned till that day. C. E. Cotterell v. Gibbon, jun.— Mr. Pitt for plaintiff. This was a claim for £6 8-., for medical attendance, from July 13, 1864 to June 21, 1865. The debt was admitted and payment ordered, half in one month and the other half in two months. Same v. Wordibanks.— Claim £3 Bs. 6d., medical attendance from March 16 to June 30, 1863. Defendant on being asked if he owed the money, I said, " I don't think I do." Plaintiff said the money had not been paid to him or his account. Defendant then with a knoAving look handed a document to Mr. Pitt, which took him by surprise and caused him to admit that it was a receipt for the money in his own handwriting. Mr. Pitt then said: Why did you not produce this before sir ? Delti.dant : Hoav could I before I was summoned (laughter) ? If you knew you had this receipt, replied Mr. Pitt, there was no necessity for yen to come here. Why not? said defendant. Was Ito send it through the post ? The Magistrate : You have done a stupid and cunning trick, which has caused a good deal of trouble. You ought to have sent the receipt to the Clerk of the Court.

Defendant : How was Ito know this ? Magistrate : You had an opportunity to prevent this trouble. Defendant : I had not business here, and I expect my expenses to be paid. Magistrate: I have no poAver to order your expenses. Defendant : Well I'll try tother side. I'll try Motueka (laughter). Same v. Rose. — Claim £6 16s. Bd., for medical attendance. Payment ordered in three months. C. Balme v. John Norton. — Claim £2 15s. 6d., balance of account. Mr. Pitt for defendant, said plaintiff had presented an account amounting to £32 15s. 6d., against which defendant pleaded a set off of £36 6s. 7d., and disputed the sum of £30 which plaintiff admitted was the set off. A long and tedious investigation ensued, which resulted in the magistrate giving judgment for defendant, for £i Ss. lOd. Alfred Saunders v. Thomas Andrews.-— Claim £25 4s. 9d. Mr. Smallbone proved the debt, and the magistrate gave judgment for plaintiff; the money to he paid in a month. Fraser v. Meikleham. — Mr. Keon for defendant. This was a claim of £12 6s. Bd., for two months and 14 days services as second cook of the Airedale. Defendant said he joined the ship at Sydney on the 9th November, and signed articles for £5 a month. Whilst in Nelson, on the 29th ult., he went ashore by permission of the chief cook. He made no unnecessary delay whilst on shore, but, to his surprise, the vessel left without him. He applied to the captain and purser, on the ship's return. The purser said he was sorry, another man had been taken in his place, and he would pay him if the captain had no objection. The captain said he would have nothing more to do with him, but would treat him as a deserter. He had no intention to desert, and made the greatest efforts to reach the ship Avhen he saw her going away. The vessel sailed before the advertised time. Captain Meikleham said he certainly regarded the man as a deserter. The vessel was advertised to leave at 6 o'clock, and he left at 7 by Mr. Cross's watch. The man had signed articles which he now produced, had no right to leave* and no one had authority to permit him to do so. The Magistrate said the captain had his remedy in law, if a man who had signed articles left .without leave. He should give judgment for --plaintiff for the amount claimed, less. £2 10s., the sum he admitted having received from the purser. He thought a little latitude should have been shown the man under the circumstances, and he had heard from a gentleman Avho was in the boat that he made every exertion to overtake the vessel. Captain Meikleham said he had 100 passengers to provide for at the time, and was put to great inconvenience. He did not see what use articles ■were if men were to leave the ship when they thought proper. At that rate all the creAv might leave and he would be on the ship alone. The Magistrate intimated that the interests of individuals would be sacrificed to those of a company, if men were to be deprived of their wages in such a way. He thought the man might have been taken to work again. Captain Meikleham : I should have taken him had I considered his services valuable. With this decision I might as well be Avithout articles, as all will leave the ship if they think proper to do so. Judgment for £7 6s. 8. Akersten v. Girdwood. — Respecting this case in which it was understood the Magistrate "sad given judgment for defendant, Mr. Akersten complained of the hardship to which he was subjected in having supplied stores for the owner of the ship, thiough the captain, and Avas not permitted to recover tbe money. He Avas in a position to prove that Morton, the master of the vessel, was employed by Girdwood, who had received the benefit of his goods. The Magistrate said Mr. Akersten should have sued the owner and not the master of the vessel. Morton had drawn a bill which Girdwood had not accepted. He had no objection to re-hear the case if the plaintiff Avas able to produce evidence of a more satisfactory kind than he did before. Mr. Akersten having complained that his solicitor had thrown up the case in di6gust, on account of the extraordinary obstacles that had been thrown in his Avay, The Magistrate said there were other laAryers in the place and he was willing to rehear the case, if the plaintiff thought he could establish his claim to the satisfaction of ihe Court. Shallcrass v. R. Aitken.— Claim £2, the amount of education rate. Judgment for plaintiff. VAGRAXCY. Mrs. . Buckley was brought up again and charged with wandering at large Avithout any visible or laAvful means of support. She said she had a husband in business Avho could support he^ and who had promised to send for her from the West Coast. Mr. Shallcrass said her own brother denied that she had a husband. Mr. Thomas Hooper proved that the Avoman was in the habit of sitting, day and night, on the

bank of the river, near his house, without any apparent means of support, and becoming a great nuisance to the neighborhood. The Magistrate : Have you any visible means of living ? Prisoner : No, my Lord ;my husband is at the diggings. The Magistrate : It seems it would he a charity to send her to gaol. How does she behave when there ? Mr. Shallcrass : She does not appear to be very fond of Avork. Prisoner : They give me no clothing. There is nothing to eat but bones ground up, that I'll swear. I sAvear, my Lord, there's nothing hut dead men's bones ground up. Mr. Shallcrass : She always looks better AA'hen she comes out than Avhen she goes into gaol. The Magistrate : Under the circumstances, I shall send you to gaol for 14 days. The annual meeting of the Provincial Land and Building Society, Permanent, Avas held last evening at the Golden Fleece Hotel, Mr. P. Cook in the chair. The report appears in another column. The retiring directors were re-elected. Mr. P. Cook and Mr. Johnson were also chosen directors The three auditors of last year were re-elected. The president of the Band of Hope delivered a farewell address to them last evening. There was a numerous attendance. Before breaking up the juvenile apostles of temperance presented their late president Avith a handsome bible. The present was acknoAvleged in a feeling manner. The Nelson sailed from the Albion Wharf at 11 o'clock last niglit, with Mr. Saunders, Mrs. Saunders, and family, and a number of other persons bound to the old country. There was a large crowd of the friends of Mr. Saunders who had assembled to take leave of him. Three hearty cheers were given and returned, when the Nelson sailed. We regret to learn that Mr. Donald SteAvart, in the employ of the Board of Works, was yesterday thrown from a horse and seriously injured. He is noAv attended by Dr. Vickerman. An accident happily unattended Avith serious consequences, happened yesterday afternoon to Mr. J. R. Dodson, as he was driving doAvn College Hill. Some portion of the harness got unfastened and annoyed the horse Avh : ch began to kick furiously. The driver thought the hest course to pursue Avas to turn its head towards the Rising Sun. In doing so the buggy Avas overturned, and the horse galloped off toward town All in the buggy were throAvn to the ground, but without being injured.