RESIDENT MAGISTRATE'S COURT.

Thames Star, Volume X, Issue 3418, 5 December 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. , (Before H. Kenriek, Esq., 8.M.) AFFILIATION. Alexander Wilson applied to have the affiliation order made against him at the iustance of Elizabeth Birdwood rescinded. Mr Brassey for plaintiff. His Worship said that the Act under which the order had been made did net give him power to rescind the order. He would consequently dismiss the case.

CIYILSIDE. JuDGKEMT FOB PLAIHTIFF9. Macdonald and Miller T. John McWilliams—Claim, £3 3s, professional services, costs 6s. H. Jacobs v. J. Stevens—Claim; £15 5i goods, judgment for £15 Is, costs 16s. Hewin Bros. v. Hi £yam—Claim, £6 11s 9d goods, costs 11s. Dbfsndjbo Cases. toktlb t. a. d. bsvxst. Claim, £60. j

Mr Brassey for plaintiff, and Mr Miller for defendant. The evidence of the defendant and another witness Barnett, bad been taken in the South Island. Mr Miller questioned the validity of the evidence it not having been taken properly. Hia Worship was inclined to admit the evidence. The evidence of the plaintiff was to the effect that defendant was nt one time secretary to the Naval Brigade and continued so to end of last year. Barnett, once a member of the Naval Brigade and now a resident of Cromwell, Otago, sold him some volunteer land scrip on the Kith February, 1878, for the sum of £8 10s. He got Burnett's receipts and an order on Bennett for the acrip. He presented both documents to Mr Bennett's successor, Mr Lawless, who informed him Bennett bad received the acrip. He told Lawless he had purchased 'Barnett's scrip. Whenever he asked Bennett about the scrip he was told it had not arrived. He wrote to Bennett at Wellington, but received no reply. The value of the scrip was £30. Lawless informed him that he had received instructions to offer him £15 to settle the claim. The documents were signed some months before the acrip was received. He received no transfer from Barnett; without which he could not have sold the scrip. He did not know whether Bennett ever had scrip in his possession. Thomat Lawless, sworn, deposed—He was formerly, secretary of the Brigade., He received Barnett's land scrip from Bennett, and sold it for £21, acting as Bennett's agent. Bennett informed him that Turtle had had something to do with, the scrip, and authorised him to settle with plaintiff. In consequence of this, be offered Turtle £15 to square it. The proceeds of the sale had been sent to Bennett by Captain Wildii>an. W. Ho Potts, secretary to the Naval Brigade, gave evidence to the effect that he had never known more than one W. Barnett ia the Brigade. He did not think it was Barnett's signature on the document. . „■■;:,

Thomas Cotter gave evidence of the registration of the transfer.

After Council bad addressed the Bench at length, His Worship said he would reserve judgment till to morrow. At this stage the Court adjourned till 3 o'clock. , ■