RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 625, 25 September 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., R.M.) Tuesday, September 25.

There was no criminal business befoi'e the Court to-day.

CIVIL CASES

Findlater v. Miller.— Plaintiff claimed to recover the sura of Ll4 13s 4d for work and labor done. The only item in dispute was a charge Lo for painting plaintiffs' house (three coats), which the plaintiff considered an overcharge. Plaintiff stated that he had previous to commencing the work informed the defendant that the cost of giving the house three coats of paint, would be five pounds. It was a reasonable charge. James Keir was called and depc sed that a fair charge would be L 4. The defendant had filed a set off amountiug to Ll3 3s, for work and labor done by him for plaintiff. Two of the items charged in the set off— it was set up— had been paid for by the plaintiff to defendant's partner. The set off was allowed deducting the amount of the two items (30s). His worship reduced the item of Lo charged iv plaintiffs' bill of particulars to Ll, and gave judgment for Ll3 13s 4d, less Lll 13s— L2 0s 4d with costs.

Harris - v. O'Brien. — For work and labor as a dressmaker. Plaintiff claimed to recover L 5 10s. Defendant admitted the debt, but asked for time, as sho was not at present in a position to pay that sum. Judgment was given for the amount claimed, with costs.

Mullins v. Petersen. — Plaintiff sought to recover the sum of Ll6, being the balance for sixteen sheep sold by plaintiff to defendant. Andrew Roy was called, and deposed to having delivered the sheep to defendant's partner, Nolan. Nolan said he was defendant's partner. Petersen paid witness Ll2 on account. Nolan was present at that time. The defendant stated that he was in partnership with Nolan. Witness had charge of the publichouse and Nolan of the butcher's shop. Witness did not purchase the sheep. He paid the Ll2 at Nolan's request. The Resident Magistrate stated, that the plaintiff had better find out tho name of the firm who carried on the business of butchers, and sue them in the name of the firm. The action was now against Petersen only. The plaintiff was nonsuited.

Gibbs v. Wagner, — A claim for L 9 8s 6d, being the balance due plaintiff for wages as barmaid, at the rate of 12 per week. Plaintiff alleged that she was en-

gaged by Mrs Wagner at that rate. For the defence, it was shown that the plaintiff was engaged at the rate of Ll per week. She was paid her wages in full and left the house. Two or three days afterwards she returned and claimed to be paid at the rate of L 2 per week. ,No objectiou was raised on the occasion of her receiving her wages, it was only after she had left the house. Judgment was given for the defendant. Spence v. M'Gorman, — Plaintiff sought to recover the sum of Ll2 for wages. Judgment for the amount claimed with costs.

South v. G-revelle — For professional services. Judgment for the amount claimed, L 9 13s 4d, with costs.

Hannah Pickles v. South. — In this case the plaintiff claimed to recover from Mr South the sum of LI under the following circumstances. Mrs Pickles having laid an information for assault against a Miss Moore, proceeded to Mr Mouth's office and retained him to conduct her case. Ll, a portion of the fee (L 3 3s) was paid by Mrs Pickles, she promising to return at once and pay the balance. When the case came on for hearing Mr South attended the Court, and owing to the nonappearance of the defendant, a warrant was issued on the application of Mr South. The defendant, Miss Moore, was arrested in the course of the day, and was brought up before the Court on the following morning ; but Mrs- Pickles having failed to call and pay the balance (L 2 25.) of the fee, Mr South declined to attend. Judgment was given for the defendant, with costs.

Foot v. Maddison and Spra'ggs. — Mr Harvey for the plaintiff, Mr Rees for the defendant. The plaintiffs claimed to recover the sum of Ll2 13s, the value of three logfs, and for the use of other articles connected with the launching of vessels. Judgment was given for the amount claimed, less L 6 the value of two logs. The Court was then adjourned till eleven o'clock the following day.