RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 4321, 23 December 1875, Page 3

RESIDENT MAGISTRATE'S COURT.

Wednesday, 22nd Deceiver. (Before Uohn Bathgate, "Esq., 11.M.) Charles Robert Chapman v, 'the Corporation of Dunedin.—Claim of XTSS Cs Sd, being the amount of an order drawn by William 17. White, of Milton, on the Corporation of. the City of Dunedin in favour of the plaintiff. His Worship delivered judgment herein '-as follows: —" In this case the plaintiff is assignee of a creditor of the Corporation. If the order given him is to be treated as an assignment, then, as it is informal and not a dcccl, he sliould have sued iv the name of the assignor, and not in.his own. If it is to be considered as a draft upon the defendant, and thus'entitled to the privileges of a bill of exchange, no liability can arise on the part of the. defendant until accepted. I am of opinion acceptance has not been proved. The plaintiff will therefore be nonsuited." . Andrew Bambury v. 'the North-East "Valley Hood Board.—Claim of LIOO, damages sustained through the defendants making a road along sections "fi and 7, Upper Harbour District. His Worship delivered judgment herein as follows:—"I am of opinion that the defend, ants in constructing the road might with proper care and caution have avoided-the-injury which the plaintiff has sustained, at least to a great extent. In the circumstances, 1 hold the defendants liable for the negligent execution of their work, and for the warrt of skill and care in their not taking precautions to avoid damages to the plaintiff. I assess the damages at LSO." —Mr Stout gave notice of appeal in order to stay execution. : ■ _ Judgment went for the plaintiffs, with costs, in the following cases :—Ross and Glendining v. Richard Willett (Gaversham), goods supplied, L 7 Cs; Wise and Co. v. Edward Johnston; goods supplied, L 4 13a Sd : Bastinsrs v. Meyer, bill of exchange, L 42 8s lOd ; Brown v, Gardner, goods supplied, L 8 11s 3d; John !Lewis v. James Smith, cash lent, LS. Wallace v. Monby.—Claim of L 5 ss, meat supplied. Mr Lewis appeared for the plaintiff, h-'r whom judgment was given, with costs. Walkem v. Lowrie.—Claim of LlO Is, ba lance of account. Mr Joyce appeared for the plaintiff, for whom judgment was given, with costs. " ' ■ "■■■'-. Otago Harbour Board v. William Goldie.— Claim of Ll3, berthage dues from l?t July to 31st December, 1875. Mr Stout appeared for the plaintiffs, and Mr Macassey for the defendant. In opening the case. Mr Stont said it was brought under the Otago Harbour Board Regulations, published in the Otago Provincial Government Gazette of July 2nd, 1875. He put in the Otago Harbour Board Ordinance and the delegation .of powers under the Marine Act from the Superintendent to the Board. John L. Gillies, Secretary to-the.--Board, deposed that the dues were for berthage of five of the: defendant's lighters, viz., the Don, Commodore, Result, Corio, and Rob Roy. The Board charged owners of lighters a quarterly •rate for the use of the jetties. He did not per sonally know that these particular lighters had used the wharves or jetties. W. B. Marsh, Collector to the Board, deposed that the fiefendant's lighters had been employed coaling and Ballasting at the • plaintiff?s wharves or jetties. ■ Mr Macassey submitted —First, that the regulation of the Board levying a berthage rate on "all steamers and sailing vessels trading, in the port of Dunedin" was vJtra (iiw, inasmuch as it enabled them to charge dues whether the wharves or jetties were used or not; second, that the Board could not make -such a rate, and it was unreasonable. MiStout, m. replying, said the defendants were not compelled to use the wharves or jetties, under the control of the Harbour Board, as .they might land their cargo at Oamaru and bring it on drays to Duuedin. His Worship •reserved judgment. George Munro v. Chase.—Claim of L2O, damages for alleged removal of a gorse fence in York Place Mr F. Chapman appeared for the plaintiff and Mr Stout for the defendant. The City Surveyor gave evidence as to the re -cent survey of Dunedin undertaken by the Commission. His Worship suggested that the -Council should have the survey declared legal by statute, so as to finally decide the point as to boundaries. Judgment was reserved.