RESIDENT MAGISTRATE'S COURT.

North Otago Times, Volume VI, Issue 108, 15 March 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

Moitday, 12th March, 1866. (Before T. W. Parker, Esq., R.M.) Drunkenness. — John Frederick Hamilton was charged with this offence. Sergeant Bullen said that as there was another charge of a more serious nature against Hamilton, he would not press this one.

STEALING A WATCH. The same party was then charged on suspicion of having stolen a certain silver hunting lever watch, the property of one James Don, at Benmore, on or about the 20th January last. Mr O'Meagher appeared for the prisoner. Sergeant Bullen asked for & remand till the 19th instant, for the production of evidence, which being agreed to, the case was remanded accordingly.

Tuesday, 13th March, 1866. CIVIIi CASES. M'Dermott & Larkin t. Cuthbertson. — Claim for sinking a well 65 feet, L8 ; 15 feet extra depth, at 15s. per foot, Lll 5s. ; in all, L19 5s. Mr O'Meagher appeared for the plaintiffs. The plaintiff, M'Dermott, stated that he and his mate contracted verbally with defendant to sink a well 65 feet for L8, exclusive of meals. Defendant told them they would find water at that depth, as it had been found in one a short distance off at 55 feet, and the ground there was 10 feet lower. Found water at 65 feet, but not sufficient for defendant's use, and on his agreeing .not to behave badly to them, they agreed to go on with the work. On reaching a depth of 80 feet, and as they came upon a hard sandstone rock, and wet, they wished a proper understanding come to, upon which defendant insisted on their performance of the contract. The desisted from further work, and brought the action. M'Dermott examined by defendant, stated : — You said you would not behave badly to us if we went beyond 65 feet. No price per foot was mentioned. You said we would find water at 65 feet. Stephen Cover was called in evidence, and he stated that the current rate per foot for sinking a fifty foot well was 20s., varying according to the hardness of the rock. He had seen the well in question, and for sinking 15 feet from 65 feet to 80 feet he would consider 20s. a-foot not exorbitant ; 15s. to 20s. a fair price. The defendant stated that he engaged plaintiffs to sink a well for L8 and meals ; no depth was stated. Judging from the depth of the other well, he gave them information as to what depth they would require to go to find water. They had to find water ; no particular depth was mentioned. On their going a greater depth than he counted upon, he promised not to behave badly to them, upon which they went on with the work. Yesterday they told him they were going to leave the well. He said it was very foolish in them doing so ; that they had better finish it, and get the money. They asked how much he would give them, but he did not promise, telling them to go by the contract. After this they stopped work. Cross-examined by plaintiff's Counsel. — I swear positively no depth was mentioned. I thought they would find water at about 70 feet ; 65 feet mi never

mentioned in the contract, which was to find water sufficient for my uses. The evidenco of Isaac Johnson was taken, but it was unimportant. Larkin, one of the plaintiffs, re-called, said : — "We" had to sink 65 feet (being 10 feet deeper than the other well), where defendant said wo would find water. "We were not bound to find water. After some other unimportant evidenco was called, His Worship decided in plaintiffs' favor for L6, being for 10 feet sinking from 70 to 80 feet, at 12s. per foot (the contract price, L8, being set aside altogether), and 27s. costs. T. Everett t. J. White,— Claim for LI 14s., for goods sold and delivered and labor done. Defendant said he had a set-off of equal amount ; owing to summons being very recently served, the case was adjourned till Friday.