The Nelson Evening Mail. TUESDAY, FEBRUARY 19, 1867. RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume II, Issue 41, 19 February 1867, Page 2

The Nelson Evening Mail. TUESDAY, FEBRUARY 19, 1867. RESIDENT MAGISTRATE'S COURT.

[Before J. Poynter, Esq., R.M.] February 18th, 1867. J. A. Langford v. John De Carle. — This was a claim for £53 65., balance of account due on a settlement come to betweeu the partners, in January, 1867. Mr. Pitt appeared for plaintiffand Mr. Keon for defendant. Plaintiff stated : In December last 'defendant requested me to purchase goods at Auckland far him, I did so. This is the invoice of the goods. I became responsible for the amount and accepted the bills, the amount is £146 ss. Defendan- has had the goods. I have applied for the payment of £7 65., being 2\ per cent, commission and 2| guarantee on the purchase. Defeudant has refused to pay it. Between 20th April and 13th September last, defendant and I carried on business together. In November last we had a settlement of accounts. When we settled he took the. profits of the business. He made me an allowance for my time. Defendant lived with me during the time. Everything had from the shop and elsewhere was charged against me. I charge him for board and lodging at 80s. per week, including washing. Since we separated we have been dealing together. We have had one settlement since, on the 15th January last. Defendant then held an acceptance of mine due next month. In +he settlement that was debited to me as £14 10s, I asked for the bill. I believed it was £14. He said he could not find it, but would give it me in the morning or the cash. He gave me a memorandum now produced, but neither bill nor cash has been returned to me. To Mr. Keon : I have no promise from defendant of a commission on the purchase of goods at Auckland. I demanded it in the regular way of business. The charge is below the usual one. I have been in the habit of buying on commission, but lam not a broker. It is usual for persons not brokers to charge a commission. I have had no promise. The commission is not imaginary, it is a usual thing. Defendant boarded with me, on my own premises, in one sense. I was a bankrupt in 1860. The trustees were Messrs. Davis, Levien, aud Skinner. Defendant's brother purchased the premises and business from my trustees. I purchased them iv October, 1860, of Edward de Carle. The finnl discharge was in May, 1866. I paid in bills which I have takeu up. The name was J. de Carle & Co. as acceptors. I was a partner virbally, but the defendant sold me. The bills were signed by myself. E. de Carle bought the estate for his brother and myself. The conveyance was to John de Carle. I was not authorised by the present defendant to sign, the bills as John de Carle & Co. I was authorised by his brother Edward to do so. I supplied the house with provisions, which were charged against me, and a receipt given when we squared up. The receipt produced does not show all the accounts between us. Butchers and all were paid by me, in the account of £150 now produced. At this stage of the case, his Worship said it appeared to be a very complicated one, and he would suggest it to be referred to arbitration. Mr. Pitt said they had proposed this before, and were willing to consent to it now if a proper deed of submission were signed. Mr. Keon said he had no objection, if Mr. De Carle had not. Mr. De Carle said this was no ordinary case. If all the particulars came out, it would be seen that it led to something else.

The Magistrate : The arbitrators will see to all that, as well as the Court. Mr. Pitt said he would mention two gentlemen, both men of business, Messrs. Evans and Lockhart, to whom they were willing to refer the case. The Magistrate : Of course a deed of submission would be required. The parties then retired from the Court to arrange about the arbitration, which it was understood they had agreed to. VVe are informed that the affair was ultimately settled without having recourse to arbitration.

The Provincial Government Gazette of the 12th inst., contains the quarterly statement of the Provincial Treasurer, to the period endiug December 31, 1866, as examined by the Provincial Auditor. On accouut of the nature of the 12th clause of the new Provincial Audit Act, the amount at the service of the Government, for over expenditure, at the last meeting of Council, was £2784 lis. 4d, The total amount received from the Ist April to the 30th November last, on account of the West Coast Gold-fields, was £22,854 3s. 3d.; whilst the expenditure for the same period was under £ 10,000. The cash balances to the credit of the Provincial Government, at the Union Bank of Australia, on the 31st December were. Provincial account, £16,157 17s. 4d.; Waterworks account, £12,598 19s. lld. ; Immigration, £2270 ls. ; total, £31,026 18s. 3d. We are indebted to the officers of the Stormbird, for Wellington, and Otago Papers. A correspondent writes that the race for the pony, at Wakapuaka, on Thursday last, was run in the following time. The winner of each heat, had to run for the pony. The first heat was run in one minute and three-quarters, the second in a few seconds more. The match was run between Barber and Wanganui in one minute and forty-five seconds. The distauce was a little under a mile, and the course was in splendid order. The iuterprovincial cricket match which came off at Wellington, yesterday, resulted in the defeat of the Nelson men, who scored 65 in their two innings, whilst their opponents scored 119. The Christchurch election for a member of the House of representatives, has resulted in the return of Mr. Travers, for whom 384 persons voted. The number of votes for Mr. Taucred, was 300.