RESIDENT MAGISTRATE'S COURT.

Taranaki Herald, Volume XL, Issue 9232, 18 November 1891, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, November 17 — Before C. C. Kettle, Esq., R.M. CLAIM FOB PROFESSIONAL SERVICES. Charted Brown t. James Russell (of the inn of Jaekeoa & Russell, Auckland), Annie Walker (widow, of Onehunga), William McGregor Hay (solicitor, of Hamilton), and T. S. Morrin (merchant, of Auckland). The plaintiff claimed the sum of £100 for actiner as the agent for the defendants in respect to their interests in tho Mangapapa Block at Mokau, from February 7, 1887, to May 10, 1889. Mr Russell, who waß the only defendant served, appeared to answer the summons. The plaintiff conducted his own case, and Mr Roy appeared for the defendant. Plaintiff, sworn, said that he had worked for the defendants for the period stated in looking after their interests in land. [Witness read and handed into Court numerous letters he had received, which he contended showed that ho was tbe recognised agent of the defendant in this district.] His charges were £2 2s a day, half of which he was not to receive till the negotiation of the land was completed. [^Witness then handed in his books showing tbe state of the account and credits ] At this point Mr Roy raised the point that the proceedings were not in order, as the plaintiff had not given them a proper statement to reply to. The plaintiff admitted that he was entitled to £450 odd, but elected only to sue for £100 in order to bring the case within the jurisdiction of this Court. Under sec 23 of the R.M. Act, the plaintiff Bhould have given notice of tbe abandonment of the excels, but he had not. Tbe amount admitted to be owing by the plaintiff also placed the case outside the jurisdiction of the Court. He applied for a nonsuit.

After some conversation His Worship held that the points raised were fatal, and non suited the plaintiff with costs x 4 3s. His Worship advised the plaintiff to obtain professional aid if he wanted his claim Bet out clearly. The plaintiff stated he would begin afresh. The Court rose.