RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 3043, 7 November 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, 6th November. | (Before A. C. Strode, Esq., KM.) Wise r. H. D. Haddock.—This case was further adjourned for a week. Wilson and Birch v. Higgs.-—This was a claim of £5 12s, for goods sold and delivered. Judgment was given for plaintiffs for the amount claimed, with costs. Wilson and Birch v. White.—Claim of £15, for goods supplied. Judgment for plaintiffs by default, together with costs. Winter v. Pitzgerald.—Claim of £2 11s 3d, for use and occupation of premises. Mr Haggitt appeared for plaintiff, and Mr M'Keay for defendant. It appeared -that defendant had leased certain premises from plaintiff, who it a boatman, and an agreement bad been drawn up and signed by them. With some difficulty, Mr Haggitt procured this document from Mr M'Keay, who, however, objected to its being put in as evidence, as it was insufficiently stamped. Mr Haggitt contended that as the written agreement between the parties was invalid, evidence should be received concerning the verbal agreement which preceded the written one, and which should be held binding upon the parties. The Magistrate held that the written agreement wiped out entirely any verbal agreement which might have preceded it. The only way of remedying the defect in the stamping of the agreement was to pay the penalty of £5. The plaintiff was nonsuited.

Guthrie arid Asher ». Reany;—This was a claim of £1 12s 4d, for timber alleged to have been supplied on account of defendant. Mr M'Keay appeared for defendant., Win. Asher stated he had supplied some timber to a carpenter, nanied Low, who told him to put it down to defendant's account. Witness saw defendant about two or three ; months ago, and : asked him for' pay - nient of the account. Defendant replied that he ha<l entered into a contract with Low for some carpenter's work, and that the latter must have got the timber on his own account to fulfil his contract. James Low stated? that he entejred into a contract with defendant some time ago for some carpenter's work, and he had also executed some work besides that contracted for. He had obtained the timber in question .front plaintiffir at defendant's request, and it had been partly used in performing the extra work. The timber was charged for in the account as having been obtained on tlie'l4th October, but, Low said that he could not have obtained itupon that date, as the work was then finished. Defehr dant in evidence stated he had never authorised Lorn to buy any timber oil his account at Guthrie and Asher's. He had himself bought all the timber required, and paid for it as he got it, none of it being- obtained at j Guthrie and Asher's. The Magistrate said I no liability had been proved against Reany, and judgment would therefore be for defen- I dant. 1

PORT CHALMERS. Mqxday, 6th November. (Before T. Tayler, Esq., and Captain Thorn J.P.S.) Druxkkkness and Disorderly Contdxjct. —For tliis offence, William Morrison, onbail, failed to appear, and his bail, 20s, was forfeited. . AVil^ol Disobedience of Lawful Commands.—Joseph Arthur, a seaman belonging to the ship Peter Denny, wag charged with having committed this offence on the 4th j inst. The defence set tip by accused was j that he was suffering from rheumatic pains, i &c. Dr Drysdale, who had visited him, said that he believed that prisoner was only loafing. | The Bench were quite satisfied that tills was a case of laziness, and sentenced prisoner to I four weeks' imprisonment with hard labour, and to forfeit two days' wages. On leaving the dock the prisoner rushed past the constable and struck at Captain Adams. Serfeant Gblder, in charge, and Constable fiehol, at once seized the prisoner, and forcibly put him back in the dock ; the prisoner meanwhile using threats to Captain

Adams. Sergeant Colder at once laid an information of assault being comnutted within. the precincts of the Court. The Bench then, recorded a sentence of 14 days' imprisonment for contempt of Court, and afterwards j for the assault fined the prisoner £10, or two months' imprisonment Math hard labour,, the sentences to be cumulative. Extension of Leave.— John Crickmore, landlord of the Royal Hotel, applied through his solicitor, Mr Mansford, for an extension of leave from his licensed house. The police had no objections, and the application was granted. Hawker's License. — Thomas Brebnermade an application fora hawker's license, which was granted according to the usual recognizances.