RESIDENT MAGISTRATE'S COURT.

New Zealand Herald, Volume II, Issue 533, 28 July 1865, Page 4

RESIDENT MAGISTRATE'S COURT.

THl'kshat, JUL? 27. (Before Thomas Beckham, Esq., R.il.) Hi? Woiisitl' 1 held the u*ual weekly court this day for the recovery of small debts, and gave judgment is the following causes J rDSMEXTS. MCOLsOX V. M G E V XIS. This was an action brought by the plaintiff against the defendant for failure in fulfilling a covenant m a repairing; lease. The fn t< of the case have wea already published. The property referred to is it? Generd ('ameron Hotel and other property afliCLOl by the Albert street cutting. , His Worship said that, looking at the lease anl conveyance, the Court had no alternative but to gi<judgment for the plaintiff for £"21.

WSSCLL V. STYAK -XII HVSTEK This action was l.rought on nc ount of ovcr-cnargi for transhipment of a valuable bull. . . Hi« Worship snid that the . ourt was of op; that the defendants were not entitled t> Chirac c nt. over the insurance on the bull- The l l '-" 3 .' 11 ' would therefore have judgment for the amount, nz-, 5 per ccnt. on £250 —£12 10a. ASCII ETC V. HOWE. In this case the jilaintill' was nonsuited. H :KNETr V. .JOHNS TOX AND OAHn v "~U. ■101INSTOX AXD OABDVEtt V. HENSJiir. This was a cross action. It had he.-n po;ip faom the last hearing day owing to all inform t< : v the proi-ci-diivjrs. Ihe ooust'l in the case agreed t-- abide by 3 hitration. and Mr. J. hussell, solicitor, was naß ' as the arbitrator. JUDGMENTS 10a rr.AIXTIFF.-. . Schappe and Ansenn v. and another t'* £13 13i lOd. Kathboue v, McDonald, £- 3'-:" Morrin r. W.iolfitfld, £10 4s 91- P" lten Woodfield, £14 10s. A. Crai" v. B"- 1 ".,' £10 10s. Brown v. Clii-holm, £5. J. VTn? r > Jacksar., £1 '83 I<l. Jamiesm v Baker. £J i'lV Kama v. Marsh, £10. \V. 0. Young v J S. i' ls £21 16s 6d, judgment confessed. Adaius v t ' £6 los. Canning v. Merrick, £6 '6s 7 jd, juifc ll^ 3 coufessed. XONSLITED. . « Stocks v. Le Bert, £2 16s lid. PoMiiny.i." herty. £2 Ss 91. D-nzey v. McDonald, £5 l- s^ a ; Atkin v. G-eorge Pitt, £l Is. Uray v JoliiistOM' >tone, £6 ss. Alp v. Kelly, £13 Oa 2d. T. Fio ral '"" v. A. G. Bartlett, £'S.

SETTLED. _ Possineskie v. O. F. Shawe, £9 16s 6d. Olan 3 ® v. Itoger; Bn-ry; £47 9s 6i. foilievviilc v-£6i-'s Id. J. W. Friend, v. D. Gnihame, £10beit v. Steward, £1 133.

ADJOCHJfED AND STRUCK OUT. . , Fitzgerald v. Foley, £>s Ms, for a Troin v. Mar'in, £50. Bucklanr 1 v. Dii"ui"g-- 1 ' 17s sd. Dudlev v. Barrv, £13 19s arrngcuicnt, £7 paid. Motrin t. Perry, ±'" J h "', J. Craig v. Peek £6 I"2a 2d. Donnelly v - Mci-srtn-Depended Cases. " 'Time is o/i' of Joint." F.OREN'CE v. baetleit. Claim £S. Mr. Bevuridga appeared for the defendantIn this action Mr. Florence, " an summoued Mr. ''artlell, the well-known maker, for the above, for assistance render"» , petting »t the right time of day." The plsi ll ' 1 " " forth his bill particulars as follows: er t To services in devising the requisite arr;:n^''® ri .', which were to b.i effected for your " trans; 5 ' K5 uu-nt" ere it could be applied to asironouuew p-ises. viz, its meridian position pedestal, At ' t , rt ... 'J. (ztcj axis plate, lnrixontal adjusting screw*- a * peatedly adjusting the said transit for relati"* 0

anil placing its line of " collunation *' in the va ' U Io f.-viccs in observing- ..-.id working the ! v. r . U fro:n the -Jlh of drcl > to llle ISlh of May, was so overladen with scientific i to make it at all oomprehe.isible we mu-t oiiv.-eives ihe form of the narrative. Mr wrote :<> Mr- Florence, '• I hare a transit in- ' ! 'it ~u' ] '. v 'I''* mail, ami being- anxious !>«• ix-iroiiv-ii by a skiiful p.-rson I have ; t._i;i w--ill ii be disposed to examine it for vi'U to call in when you ; 1 h •; ins you wi.l be goo.l enough to I a ' ,: ' * L '" A '. Cr - ISar!U'f." This "Vmv. 1' ' r:i L ' :ls tt» tile ns'ro,'f.- ,s.in»sV*. Mr. Florence acceped it. ,:'«>.* a Wuinjr soul where near, as per'v . 1 not be ascertained by any amount :i - rir.it luminary, but the stars must !>o Mr. t - > ii" iett offered sleeping aee unmod »- ' ~ ,v.v:i house. Mr. !•.orencc said the itistrtiWi - rf 't. It 'iv-'nted a mathematically • :ri>->e.i— 'be Knglish of which is a stool with r.'- v to be laid, and it aho wanted a leaden ,VvV jr .\.*r:»::> "-'-" -holes were to be tapped, which .Uvaht i:i tho mind that the instrument had ■ v-e b-to e it- time, being- by that exact measure:ot tirm'fi iitt.c too fast. However, Mr Florence he Ia 1 put ir to tho true meridian on the •v '; of MWith the magnanimity of seie ci> lie o s ; -rvi,vs for nine months in taking observar with-ut e.\p nse to Mr. Baitlett, who ha 1, how-,-r. r. n■: not paid him but had f .rbade his t'-"-;r.i-r interference [ had fl'-red to do everything ;-i riv row;".' for tilts " ungrateful man." Cress ex;tvu::a\i by Mr. Heveridgo : On the 2!>th of "Utrc:i. ti'.e iastrmnent was wrong. It was necessary {.i i' i:.t■' ,rUl ' '' !U ' ol ' " coilunation " with Iho -f.-i.iUn. 1 iri'l to put the instrument in it? present |'--i:io:i. 1' was then within three seconds. U e _ 2>:b anil 'he 3"th of May T made frequent .rva'i■".is w:;.V.:i tli.it period. *11 is nee'SS.iav to r. st::: ir obrci'M'.tio: sto tlx the instrument in its Mr.' !'■"Vfri.ige: How often did you take the i ia: ■ ; How ott- n did I take observation ...; • *.. >*. i :i-i-rs v i'.'iui laughter) iiy several It w.i> t:ir-~e *< conds to the true time. He is : .,v.v :'ve .-v.: of 'be time. Tliore was a uavat deal of tr n'-if. .-.ntnT!t>io» '-be lantern could not he fonml, -,n.i th-n there was a b irrjwe 1 1 intern with a hole ;,j. •ev r told me I could'nt (K> it. lie coi.l i'ti- t.■!: :ue that. No man could tell me that L o.'.cf.t-r ) Hre I have the time (pulling out his w..t h", ur.d I will back my word for .ClOi.i Mr ii-.v.-ri :c->: And how often were y)u there i.is tran-i' instrument : V\',T. n<r or a <bv-n times. Tho defen- ,• .ut • nut nt-putf that (laug.'ite ) ; on many „e- -- ba.t £ :u- tf.cre for that purpose. It was i :r.e it t::c I >r.t'.Tii cou.il not be found. Throuff!, r.a: <■;. yoit'.iruty was lost of making observations. Th- :it w is wi!hin tiiree seconds of tile time 1 he e<act merioian could not be d>' %rn:i:>u wirh ii:: staler obsc rrati n. I bad fir?t to ■::? over ib.e tru-- v.iri .turn of the needle on that spot titore 1 cjui ! :i'!--:npr to put the instrument in the tru - iv:e I !ia Ito ,is t . ; >n ll;1 instrument wortli -«sty ?t::nfa# Ia »l not know that i ieutenant Vounir !'. i a oa-rei :! It iv.i- neees-.-iry that the instrument sr. C-e lev,';:e,i aad tb.en '.ts veitieil arch must be 1-.' ::i the true perpecil oular When I saw it, it se c med to hare eonie out of the maker's han 's. M-. A. I.T. i; ,rth'-tt eXMUiiaed deposed that h" ;?k.'i t'-'.e plaintiff to as.-ist him, in ma'-iing ob-erva- ;. :h:;!' L :i:!j Iron a' he t::r:e, a eomp'tnit person. At th t;.r,he asked Mr 1" • reruv f. r assistance, the ir.stiati en' wis cei the pedestal, in a perfee'iy hoii/'".ra: : b-e collunation lines perfectly adi..?t d. The iu-t 'um-'nr was wi li.-n a sec mil of its time, i iaintitf said iie would tak-a few obsfrT2:io"s. ai.-o that he would have to take a lodging in the ij'ibouruood. Defendant oth red sleeping acer.r.mo aiti.in at l:is own i> ,use. Mr. Florence did tr ? ? ijuft the instrument ] 'efenclatit complained of t::-o dekiy ce.'-sur.ed by iM r. Fior, nee. The arraneetv.er.t '.io-. ti iia" e .f't elown. an : ;t t- in tiiree moi.ths u-'_- Mr. Florence said he never dal uiiythills '• " for nothing. Jt was six weeks h-f re that det.-n "ant asked the p'aintiri' wh-.therhc aiverti;:- the instrument, lie. (ietVn.la .t. could ::or ii.'.'ord to h. ve £50 1- eked up hi a box. Instead 01 bem; v. r.h.ir. thne-s eonc.s of the riahl time, when .han'ti:: i-f: i:. it was five ir. nute; and seve:.ty-live see.eids otir. At the pres., nt moment the instrument *»» aesr.owleoced to be rittht by the Master o' U.M.S. liri-k, now iu harbour. 1.-jO det.r. tani was cross-examined by O'e plaintiff in a manner whi'.ii elicit-J much more merriment in the I'r.mt than infermati- 11 from the witness, except that the i lah.iii!', in the < pi; i' i; of tlie witness, was hp r to do and did rot do what bo had ■iraKrta'-.en to do, and thai he (d.-fet dant) would not ai. pi u:it;n to touch th" instrument again. Miss hlsza Bartk-tt d: I'Ofed to a conversation be-.-/a hr father a month before t e plaintiif left. Ti.ere w.-re a gre.-.t many stailiuht nights tifteiwvards. which v.', uld have afforded opportunity for stellar clservations. ti is V, cr.-hip said that from ihe c-vidence that had bien given he thought the pliintiff h.ad r.ot made out case to the satisfaction of the Court. The plaintiff 2-ast be- non-uite-J. VICKEUY AND MAsEI'IELD V. SIIIIIIX. Claim, £"27 2s. sd. Mr. l eeeridge for the plaintiif, Mr.'Erookfield for defendant. This was an action for certain iron and ironwork supplied and executed. lhomnp Masetield. examined by Mr. lieveridge t — The firm to which I belonged supplied the materials enumerated and the work specified in those paiticn.:irs. The \rrought-ironwork was at ~d. the lb , 4d. for the cast-ironwork. I am not aware that these are the weights. The weight was taken by the fore-jr-f-n. 1 lie foreman is not here ;"he is at Napier. ] uelieve those sets of ironwork about 4cwt. Weight each. Ihe plaintiff not being able to prove the weight in hie absence of his foreman was nonsuited. EAitA V. JIAHSH. Claim. £10. Die plai-atiff in this at ion is a native, and on the first of this month was owner of a bo.t which he moored just inside the iron house on the left side of the whu'-'. Ibe defendant is the master and o*ner a cutter of about 14 tons. On the in question there was half a gale blowing, and it was stated th.t the cutter drairged iier uncho s, the consequence of which was that the plaintiffs boat was stove in, awl it eo-t him CIU to repair it. -Ihe plaintill' was examined. He knew nothing about the " accident." He had not been guilty of any liegh-ct. His Worship said that vessels should not be left on such nights without some persons to fake care of them. '1 here was no doubt the "accident" was the result ot neglect. Tt should he publicly known that in leaving such v ss'ls with -nt s'-m.- one to take cure 01 tt-em, should ae-ident fobow, the ov. ncrs would be li»ble. The judgment of the Court must be for the plaintiff for tile whole amount.