RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 3254, 11 July 1872, Page 3

RESIDENT MAGISTRATE'S COURT.

Wkunksday, iOth Jtrtv. . in t k n Q4*-.,!* v»t, p\r \ . (Before A. C Strode Esq., R.M.J Boyd o Proudfoofc and Another.—fins !^#SoW?^fft££ cWry of demurrage under a charier-party, After nartially hearing the case on the first occasion, the Magistrate adjourned it for six weeks, to enable the defendants to procure the attendance of their agent at (>dographe Bay, whore the chief detention Mas alleged to have taken place. , When the pLiihtifTs case was conclnded, before tho aujonrnment, Mr Smith, on behalf of defendants, applied for a .nnnsmt, on the grouudthat the action shonld have been Sroughtinthenameof tfaoownen, and not in the name of the captain of the vonel, vlio-, it conten-led, had no power to bring such an action. The Magistrate uiil lie wonld reserve the point for consideration, and give Iris decision upou it when the term of adjournment had expired. He now stated that, having looked into several authorities, he was of opinion the captain of the vessel had full power to sue—be was the agent of tho owneis for snch a porpwo, ,1 Mr Smith then stated that he would have to apply fo* a further adjournment of » month. %he defendants had received a letter, from the witneas referred to above, wuo was at present in Newcastle, N.S.W., on his way to New Zealand, and would uofc be in

Dunedin for about four weeks. The adjournment was granted. Mr Smith said that as His Worship had decided that it was competent for the captain to bring this action, he presumed the captain was under the co-relative obligation of being served for a cross demand. ~ The Magistrate : As the case arises I shall deal with it. I will express no opinion upon that point at present, but I have little doubt aa to the opinion I have expressed. North and Scoular t. Francis Porter.— Claim of £3 7s Cd, for nine stretchers. £2 10s, the price of six stretchers, and costs, was paid into Court, but judgment was given for the full amount claimed, together with costs.

Sliaw r. Green wood.—This was a fraud summons, calling upon defendant to show cause why he had not satisfied a judgment obtained" against him by plaintiff on the 24th April, 1872. The defendant stated he would ba able to pay the money in a month, and an order was accordingly "made for payment within that time ; in default, defendant to bo imprisoned for one month.