RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 1940, 19 March 1868, Page 5

RESIDENT MAGISTRATE'S COURT.

Wednesday, Mabch 18xn. (Before A. R 0. Strode, Eriq., RM.) Mr Howorth asked; the "Magistrate if, (in the hour of opening the Court, 1 it waa ■intended to observe Po3t Office time, or time by the sun. He had been waiting twenty minutes for the sitting of the Court. He understood that the Supreme Court intended to follow; the Post Office, time.

The Magistrate said that the ,pr«r,ent. indecision abo«t the observance of, post Office time, and,",jthe ■ Jnea%j3im<| of the place, waa exceedingly inwrivenwint. He must f^;.'W';'ihotigliif':t tj^e proper time for the Court to! bba©*l've was the mean time of Otago. ; : . Mr Bempsoy said h.e'b^ad KetiaioUL by* one of the Bankers tbiii it was intended jfco follow the roean tifr^e. In connection

I with bills or cheques much inconvenience might ariae from any misunderstanding «s to the time. '7*116 Magistrate: It will affect cases in this Court. A case may be called, and may fa.i dismissed, in tho absence of tho parties. Mr Wilson remarked that all over the United Kingdom only one time was observed. E»* l ilwa3r time was the time, and railway time was Greenwich time. Tho Magistrate said it was quite tho j same to him what time was kept,' so long as there was an established time. Mr Hbworth : Sooner or later, a tmiform time must bo adopted. Tho Magistrate : The Post OfT&o keeps tho mean time of Wellington, .-aid' the Provincial Government intend to* keep the mean time of Otago. The difference might be of most material consequence. Mr Howorth thought there ought not to be two times kept. If the Colonial' Government insisted upon havinv Wo3<lington time, for the sake of public convenience, it would be better to have uniformity. But ho simply asked what time His Worship intended to follow. The Magistrate ; I think wo had bettor take the Post Office time. I must say that I fail to sco tho reason for it, but it is better to have one uniform time.

CIVIL OASES. Thome »•. Crisp. - A claim of LlB, tho amount of two months' wages, alleged to be due to tho pl.iintiff, as fireman on board of tho steamer Beautiful Star, of which tho defendant is master, Tho plaintiffs statement was that he had shipped as fireman at Wellington. Ho was engaged by tho month ; but at Dunodin the master wished to discharge him, paying him only LI2 12s, whereas ho claimed LJB, being at the rate of LO per month, from tho Ist of February to tho ,'Jlst of March. He called witnesses as to his competency. Mr Dempsey, who was for tho defendant, held that, according to tho articles signed, the captain had kept his contract. Tho articles were to the effect that the engagement was to bo for a period not exceeding four months, and that the port of discharge wns to bo at tho I option of tho master. Had the captain not this option, ho would bo bound to discharge hia crew at tho port of engagement, or carry them about until he reached there. Mr Dempsey called John Nutt, chief engineer of the vessel, who stated that the general rule was that a man could claim tho first month's wages by the articles. Afterwards ho could be discharged at tho captain's option. That was usual in Melbourne, and ho supposed it was adopted here. One man who was on the samo articles had been discharged at Hokitikn, and had boon paid up to the time of the discharge. The Magistrate considered tho question was not what had been dono in another case in Hokitika, but what were tho plaintiffs legal rights 1 Tho terms were that tho period should not exceed four calendar months, and that tho port of discharge should bo at the master's option. But tho time of discharge was quite another matter; and in tho wages column of tho articles, the rate was at so much per month. It was different if tho master could prove that the defendant was incompetent to perform his work ; but otherwise, this was* to all intents and purposes, a monthly hiring. The port of discharge was ctearly at tho master's option, but the time of discharge was not. By the evidence-of Mr Nutt, the general rule was to claim one morrth T& pay. Why should not the rule apply to all months ? If"itrwa»a monthly hiringfor one month, rt wa» a monthly hiring for the whole tfnio. Judgment for tlto plaintiff, with costs, Hall v. Wynyard.—A*claim of L 101, for loss through injury done to a horse belonging to-,the- plaintiff, a cab-own*r. The injury to the hocsa wa» caused by the wheel of the defendant's heavily laden cart passing over- tho animal's fetlock, as the plaintiff -»as backing his cab towards the pavement in Princes street for the purpose of receiving a lady passengor. Witnesses were examined* by the plaintiff, and by the defendant, with tho view of showing on which side the blame lay. Tho Magistrate considered tho weight of evidence was in favor- of the plaintiff, and gave judgment accordingly. Massey v; Catten: — This case was further adjourned until Friday next. Judgments for-plaintiffs- by defa-nlt :— French, Kempthorne, and Co. v. A. Williams,, L 2»; M'Gavin, v, Baptiste, LlB.