RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume V, Issue 109, 13 June 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

TlMAßU— Tuesday, June 12, 1866. [Before B. Woollcombe, Esq., R.M.] Jaggar v. Forward. This was a claim for £19J175, as balance for one quarter's tuition and board for the son of defendant.

Mr. Cardale opened the case for the plaintiff, by stating that the defendant, having children whom he wished to send to school, asked Mr Inglis to make enquiries at the school at Timaru, conducted by the plaintiff. The terms m advance were stated, also the conditions, which were that upon withdrawing children from the school, a quarter's notice should be given. A quarter commenced at the date of the arrival of the children. It was not a fixed date. The children were sent on the 7th September, 1865, remaining until 14th December, 1865, which was seven or eight days over a quarter of thirteen weeks, thereby entering into another quarter, which was then m dispute Henry Jaggar, sworn, deposed : lam a schoolmaster. I agreed with Mr. Forward, through Mr Inglis, to educate and board his two children, at the rate of £40 per annum each, by the quarter, on condition that a quarter's notice was given before their removal. Mr Inglis called upon me and told me that the plaintiff (Mr Forward) had accepted the term's, and requested me to write to him and state when I could receive the children. I did so. I had a subsequent talk with him as to the terms. It was about a week or ten days previous to the children coming to the schooL The children arrived at the school on the 7th of September, 1805, and remained until the 14th December, of the same year. The quarter would end on the 6th of December, but m stopping until the 14th, which was the commencement of the midsummer holidays, they began another quarter. It is the usual custom m the colonies for the master to fix upon any term for the vacation — they are allowed eight weeks, by the Board of Education, for their own disposal. I saw plaintiff about three weeks after the holidays were over, and told him he should take advantage of the quarter which was running oil He made no complaints to me, neither did he say whether the children were coming back or not ; but he told me that they were very useful to him at home. 1 wrote to him on this subject, but received no reply. I had two other children on the same terms, who commenced their quarter before the holidays. One of the children returned after the holidays, but the other did not I was paid for a whole quarter for the child who did not return again, by the parent. The amount claimed m the summons is the balance for the end of the quarter already entered into. Cross-examined by defendant : Your quarter would have ended on the 6th of December, 1865. It is not the custom to send children home without notice of the day their quarter ends. I claimed a complete quarter from Mr McKinlay, because his son had temained a short time over the quarter, and had entered another, but I did not claim another quarter m advance of the one for which he paid, although I could have done so. I did not send you any terms m writing I made all arrangement as to terms with Mr Inglis. I received no communication of any sort from Mr Massey. I called upon you at the Brewery, and you gave me an order for £8 10s, which was due m January. I cannot remember what you said at the time, except that you wonld give me an order. You did not tell me that you were very unsettled m business, and that you would be unable to pay me if I charged for another quarter. Yon said nothing about my having no agreement. By the Court : Mr McKinlay's son had begun another quarter by remaining at school three weeks, until the holidays. When plaintiff took his children home for the holidays, he paid me £21, which I credited him with. John Younghusband sworn, deposed : lam a stationer, residing m Timaru. I have had considerable experience m connection with schools. I was connected with one for twenty-five years m London ; also twelve years m Cbriatchnrch. It is the custom m Christchurch to date the commencement of a quarter from the arrival of a child at school, and not at any fixed date. My i children were at school m Christchurch for five ! years. I had to pay m advance for a quarter, which they had only commenced a few weeks. There are many precedences to prove that it is lawful to charge for a whole quarter it' it is commenced. If a child were to die, the parent would be charged for the quarter. Henry Forward, sworn, deposed: I am a brewer at Temuka, and defendant m this case. Mr Inglis, was one day out at Temuka calling upon me ; and m course of conversation, I asked him to enquire of Mr Jagger his terms for tuition and boarding. I did not give him authority to make any agreement. I received a letter from Mr Jagger, stating that his terms were £80 per year, but it said nothing about conditiona I wrote to Mr Massey, stating that I would accept Mr Jagger' s terms stated m his letter. When I took my children away at the holidays, I made a settlement. In doing so, I said to plaintiff, "What do I owe you, about £9?" Plaintiff said, "No; I think about £8 10s will settle it." I considered that fulfilled my part of the agreement. I feel confident that the law will never force a man to contract a debt when he has no reasonable expectation of being able to pay. At the commencement of the holidays, when I took my children home, I paid all that was due. I did not send them back to school, because I could not afford it. I knew that I should be nnable to pay, so I did not consider it would be honest

William Massey, sworn, deposed : I remember receiving a letter from defendant about nine or twelve months ago, about his boys at plaintiff's school, that he (plaintiff) was willing to let them remain there a quarter, at the rate of £80 per year. I remember no more of the particulars of the letter. I don't remember whether I called upon Mr Jagger or not 1 took so little notice at the time, that I cannot remember the subject of the letter. Judgment was given for plaintiff, with costs.