RESIDENT MAGISTRATE'S COURT.

New Zealand Herald, Volume II, Issue 497, 16 June 1865, Page 6

RESIDENT MAGISTRATE'S COURT.

TItUBSOATr ■ (Ik-fore T. Beckham. Esq., R.M.) There were 70 cases set clown for hearing in this Court vesterday, of which 7 were adjourned. In 31 cases, judgment was given for plaintiff's; in 1 case it»dgment was given for defendant; in 3 cases nonsuits were reco.-ded. RIDINGS & DOWDEN V. 110BKK T O.V & €0. This was a case brought up for judgment, wherein the plaintiffs claimed costs on account of an improperly served summons on them in a previous action. Thev alleged, that as only one of the defendants was served with a summons, they were improperly served and were entitled to costs," although they had confessed judgment. His Worship said that supposing one of the defendants were in Sydney or England, it would be a matter of difficulty to serve a summons on him, in fuct lie could not'be served at all. Ho was of opinion that the defendants, Messrs. Boberton and Co. were entitled to costs. SI'IIXCrH T. VICKF.RY &- ANOTIIKK. Mr. Russell for plaintiffs, and Mr. Wynn for defendants. This was a claim for £30, for conveyance of a boiler from Auckland to Napier. William Me Hugh, master of the cutter Alfred, deposed: On the 3rd of April I agreed with Mr. Masefield to take a boiler to Napier for £100. A person named Fisher was present. At the time I shewed the vessel to Mr. Masefield as she lay in tha water. I asl;ed Mr. Masefield when he would lift the boiler, so that I might get away. After I had thrown out the ballast, I assisted to get the boiler 0:1 board. We were ten days there getting the boiler out of the mud. Some of Yickery's men &.sisted in the work. Mr. Vickery was there, and saw us at the work. My boat was a fit and proper boat to carry "the boiler to Napier 1 employed a man named Fisher to go down because lie was "a navigator, and I am not. I was detained ten days --it the work. It would have taken me about a fortnight to have gone to Napier and back. Mr. Masefield "might have teen the vessel any time l)uring the time we were getting the toiler onboard defendants never came to see the vessel. I estimated my loss at £30. I can make £3 a day bv my boat. Cioss-examincd by Mr. Wynn: "'' ' ■"'at is IS tons register. Tho" boiler is 7 tons, :■.: .: i.Kivsurcs 14ft bv Tit. I did not try to insure the boat. I do not know that any one else did. I know a man named Clarke. He never refused to g<j in the boat with the boiler in it. I went to Mr. Masefield on a Saturday night, at 10 o'clock, and on Monday morning he agreed to give mo £100 to take the boiler. Re-examined by Mr. Russell: I have been twelve years en the Eas't coast, in both smaller and larger vessels. By the Couit: We nover got tho be ilex into the boat. George 7 deposed: I am a seaman and understand navigation. I was present at several conversations between plaintiff and defendants, respecting the conveyance of a boiler from Auckland to Napier. From their shop defendents could see the vessel. She was lying within 50 yards from the vharf. Bis pafner'saw her there. McHugh was at work trying to get the boiler on board. The ve-sc-1 was fit to take the boiler to Napier or I would not have undertaken fo have sailed her round there. I heard Mr. Masefield say one day that a schooner wished to take the boiler but he would not agree with the master .as he had agreed with us. There was nothing said about insurance. We were told not to go about ten days after the agreement was made. Frederick Watson, a seaman, gave similar evidence to the preceding witness. This was the plaimirl's case. Thomas Maseiieid, one of the defendants, deposed : The plaintiff came to me and asked to take the boiler to Napier for us. I sent him lo sec the boiler, that be might ascertain if he could take it. 110 said he would take it down for £100. I agreed to this, and also agreed to put it on board for him. I have seen ihe vessel at a distance. I refused to allow the boiler to be taken in that boat, as it was too small to take it. I had tried to insure the boat, but could not- I told plaintiff if lie would find security for £1000 I would ship the boiler. He agreed to take bciler and fittings for £ICO. The funnel was part of the fittings, but lie could not take that. The boiler weighed S tons, and the fittings would weigh 1J tons more. The only place where the funnel might be put was on the deck. Cross-examined by Mr. Russell: There was nothing longer than the funnel to be token, except two she:ir legs. 35 feet long. When the agreement was made noihirsg was jaid about the funnel. I could have pone and seen the I oat. 1 did not know that they had thrown out the ballast for the purpose of taking in the toiler. They misled me in taking the bciler lit all. 2 have no experience in the carrying capacity of vi s-els. I could have insured the boiler at a lajge rate in cne of the offices. By the ("curt: The information respecting the incapacity of the beat I obtained from my partner. Geoige Clark, a lichteiman, sworn, said: I was asked to ccme here by the plaintiff. I know the rutttrr Alpha. I recollect her being chartered to go to Napier. I corsidcrher a fit and proper beat to go to l r "-a]ier, had she been decked over. By Mr. Kussc-11: Ihe decking would have been put on after the boiler was in. • By Mr. Wynn : The boat is not six feet deep, and the boiler is seven feet deep. The boiler might be decked over with an arched beam. Wm. McHugh recalled and examined by the Court, said : The depth of the boat is sft. Gin. " Had I taken ihe boiler I Ehould have rounded the deck over with 1A- inch plank. This could have been done without beams. This closed the case. The Court reserved judgment until next Thursday. WADE V. PAUL. This was a claim for £3fi (of which £1 was paid into Court) for breach of contract. Mr. Eeetly for the plaintiff ; Mr. Wynn for the defence. "ft ade, sworn, deposed : I had some conversation with Paul respecting abuilding. Mr. Paul produced come plans and specifications for me to make on estimate, which I did, offering to do the work fcr £745. Mr. Paul told me that that amount was more than he could spend. He asked me if I could siigg> st any alterations which would reduce the cost. I made another estimate for £700. He told he had had other tenders. We ultimately agreed that I should do the work for £7CO. Defendant said he was sure I should give him satisfaction. He told me to proceed at once as he had only two months to stay in the house he then occupied. I ordered mate-tc-rial fcr the building, both bricks and timber, and part of them were delivered on the ground in front of ihe old building. I sub-let part of the work. The defendant afterwards came to me and told me that another party agreed to do the work for £14 5 less than I had agreed to do, and he offered to pay me anything in reason, and asked me to give up plans and specifications. At this stage of the proceedings, the case was adjourned to procure the necessary specifications. THOIISS V. WATEES. Claim for £2 12s. 6d. for wages. Thomas, sworn, said : I was employed by defendant for 9 clays, and on Saturday evening he offered me half my wages, which I refused to take as I wanted the whole. I claim £21 2s. Cd., which he still owes me. The defendant stated that plaintiff only was with him six days, and went away on his own accord without giving due notice. Annie Vile said : Plaintiff left on Saturday the 25th February. Mr. Waters never told him to go. He warned him against going. Case nonsuited. MOOItE V. rAKNEII,. Mr. Hughes for the plaintiff. This was a claim for £27 6s. for goods supplied which the defendant denied entirely. Richard Moore deposed: About the 25th May Mr. Parnell called at my store and asked mo to give his steward goods to the amout of £20. In consequenc« of that I let him have goode to the amount of £11 15s. for which he paid. Since then he has had two lots of goods amounting to £27 6s. which he has never paid. I have never received instructions from Parnell not to give any more credit. The steward is not on boai-d Oie vessel now, but at the time of tho purchase o'. :he goods lie was in Captain Parneli's employ. I gave tho goods on the faith of Mr. Parneli's word. By deendant: I swear you took tho steward to my store. The goods were delivered to the steward for you, and were addressed to Captain Parnell. I sent invoices of the goods along with them. Thomas Parnell swern, said .- I entirely repudiate the transaction, as I had no transaction with Mr. Moore in tho month of Juno. I saw Mr.

Moore in May ; no one was with him at tho time. I never .bought anything from him in ISGI. «" tt ' Mr. Moore said in tho witness box was untrue. I told Mr. Moore that the steward had bolted. .Tames Mclvin deposed: I «as on boaTci the steamer Sturt last year, when Mr. Ross was stewarrf. I saw goods put on board tho Sturt addressed to Mr. E. Ross. The steward victualled tho ship. Judgment deferred. SCOULLEK V. COW. Mr. Hughes for plaintiff, and Mr. Bovcndgo for defendant. ~ Matthew Scouller, sworn, said : I erected a sawpit on defendant's lan J at Wuitara, for which 1 charged him £9. I have never received payment for thnt, and the defendant has charged mo £1 for the use of tho same pit. I whs at work at tho pit about three j weeks. By Mr. Beveridgo : It was in Auckland lio cmploved me to build tho pit. About a fortnight after I began to build it. He did not ask me to make the pit. = I built a houso for him, and charged him for sawing the wood and building the house. After beiug'pair l for the house 1 hande'l in tho bill for tho G-ow, sworn, said ho never employed plaintiff to build a sawriit for him. It was eight months alter he erected the pit thut he made a claim for the money. . . Cross-examined by Mr. Hughes: I assisted in erocti'-g the sawpit. By the Court: Tho houso was built of sawn timber. There was no arrangement made as to who should find tho material. Case nonsuited. ftOL£MA2f V. WAT.TEHS. This was n claim for £7 125., balance of wages. Mr. Russell for tho defence. Doleman, sworn, said he was employed for thirteen weeks and one day at £5 per month, and produced the agreement between himself and Mr. Walters, also tho notice of discharge. For tho defence John EHyett was sworn, who staled that he was present at ii conversation between tho plaintiff and Mrs. Waiters, who censured him for having loft his work without leave. Case nonsuited. o'nEILI, V. LEE. Claim £24 lGs. 9d., for rent. Mr. Hughes for the plaintiff. Jnmes O'Neill, sworn, deposed : On the 25th April defendant owed one month's rent. He occupied until May, and I have received none of the money due. Cross-examined by Mr. Lee : I never let the house to you; but I reeeive'd reut from you. C. ~E. Madden proved the service of two notices on defendant. Joseph Lee, sworn, said he took the house for 12 months at £10 a month. Ho took tho house from Mr. Aikin, the agent of Mr. O'Neill. He left the house under a writ of ejectment. Judgment for plaintiff. PAWSOX V. CUNNINGHAM. Claim £i 165., on which £1 15s. was paid ?n, for 12 days' extra work on contract. Defendant denied the chum farther than to the extent of £1 155., which he had paid into Court. Plaintiff accepted a nonsuit. JOHSSTONE V. rr.T.IV.Y. Claim £30 is. I'd., of which £23 17s. IKI. was confessed. — Jolmstone, sworn, snid : On the 10th October I went to work for defendant at 255. per week, and continued with him until the end of May. 'ihe sum of £i 2s. Gil. has been p;iid to n:e on account. £30 -is. 2d. is now due to me. By Mr. Brookfield : I was absent two days at the regatta, and one clay at the races on the North thore, when I did not work. "William Pelley said that the arrangement made was that plaintiff was to be paid for the time he worked o:;ly. 'J he amount duo to him » as- £2S Os. 'Jd., of which £4 I3s. was paid, leaving r. balance of £23 17s. £'d. Judgment for £23 17s. 0.1., with costs. The Court was then adjourned till next Thursday.