RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 172, 18 February 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, February 17. (Before J. Giles, Esq., M.D., R M.) Drunk and Disorderly.— Oeorqe Green was fined 20s or twenty-four hours' imprisonment.— Joint Kennedy and James Murphy for the like offence, failed to appear, and consequently forfeited their bail. This finished the business of the Resident Magistrate's Court.

T. A. Sneyd Kynnersley, Esq., Commissioner, then occupied the bench and heard the following cases, which came under the Extended Jurisdiction Act: JOHN M'GRATII T. JOHN COLE AND JAMES M'COLDRICK. Mr Tyler appeared for the plaintiff, who was a publican at Charleston, and sued the defendant for £IOO, being money lent. Defendant did not appear, and judgment was given by default, the magistrate granting immediate execution. YOUNG AND CO. V. HOLLAND. Mr Tyler for the defendant. The plaintiff conducted hia own case, and stated that he claimed £ls for material and labor for a building an Addisons's Flat, built by ants' order, and for which he produced an agreement. This was objected to by Mr Tyler as being insufficiently stamped, and not being properly obliterated, and pleaded the Stamp Duties Ace' Amendment Act in support of his objection. Mr Kynnersley, after some discussion, allowed the document to be put in as evidence under the 66th section of the Stamp Act of 1566 ; and after the plaintiff had paid Is 2|d into Court, the case was resumed. The defendant, who was coiroborated by Mr Skinner, pleaded that although he gave orders to plaintiff to put up a building for him, it was with the implied condition that it was to he finished by Christmas, and when he found that plaintiff did not c anmence until the 3rd of January, and then not according to his wish, he g ve him notice that he should not take the building, and told him to discontinue the work.

The Magistrate gave judgment for plaintiff for £1 and costs, remarking that defendant should have given proper notice to plaintiff, and that it was mainly owing to his unbusinesslike habits that the case had been brought to Court at all.

EDWIRD ELWABD V. MICHAEL SHA.JfH.VN. Mr Tyler appeared for plaintiff ; Mr Pit for defendant. Edward Elward stated that in 1363 he wis driving bullocks, and he took the defendant into partnership with him. T ley worked for some months, when wishing to dissolve he asked defendant f« r a settlement. He had given all the money he had taken to defendait to keep, and lie expected to have re eived a few hundred* on settling up. Dvifeuilant could give him no ra mey, but tjave him two promissorynotes for £35 each, payable at 3 and 6 months. These bills were afterwards placed by him for safety with a man named Ferguson, and subsequently burned on the occasion of Ferguson's house being destroyed by fire. He should have brought the case on before but defendant had not been in funds when he had met him in the interval. Michael Shanahan contradicted this statement; admitted giving plaintiff one promise to pay him £GO, but said that this was with the understanding that it was only to be paid in the event of his business and (daim (which he had at the dissolution of partnership) turning out well; this had not been the case, for his property was destroyed by a flood, and his claim only yielded 11 dwts. He stated that he had given no other bills .»f any kind, and that plaintiff had never applied to him for payment until this time.

The Magistrate non-suited plaintiff with usual costs, remarking that it was i case of one man's word against the other, and looking at all the circumstances of the case, he thought Elvvard had not proved his case to the satisfy tion of the Court. DEBT CASES. A. Brown obtained judgment and order for immediate execution against John Dyer and John Denny, for goods supplied. M'Neil and M'Larey had judgment confessed by a man named O'Meara, who was in custody for debt on another suit.

Bailie and Humphrey sued George Norman for money duo for goods, and obtained judgment by default. The Resident Magistrate's Court then adjourned until 10 a.m. this day. A few Warden's cases were heard, but of no public interest.