RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 176, 22 February 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, February 21, (Before Chas. Broad, Esq., R.M.) Surf Boat Compatvy v. Masler and Owners of tlve Steamship Waipara. — Mr Rees appeared for plaintiffs, and obtained permission to amend the plaint note by inserting the names of the persons forming the company. Mr Alex. Russell appeared for the master of the Waipara. John Hay stated he was one of the plaintiffs, and on the Bth instant had moored the Waipara and agreed to discharge her. Generally charged fifteen shillings a ton for mooring, tendering, and discharging. Had told the agent, Mr Russell, that that would be the rate. Had charged at that rate for tons of of cargo, according to agent's acccount. On applying to Mr Russell was told the Captain declined to pay. Cross-examined by Mr Russell J— Did not discharge the vessel; but the drayman was supposed to do it for ua. He did not himself specially employ the drayman. Re-examined.—There was a general engagement to discharge the Wa : para; they did all the usual work, including covering up the when it rained. They had not paid the carter, but had offered to do so as usual.

C larles Jenkins, one of the company, stated that when the Waipara came in Mr liussell asked him how it was to be that time ? and he said it Would be the usual thing, and pointed out the carter who would do the work; but Mr Russell said he would have another carter.

Cross-examined. —The charge was to be fifteen shilling a ton. This sum was not actually named on this occasion, but no other was mentioned, and the sum named was understood as having been spoken of before. Mr Russell, in defence, pleaded that the captain was not indebted, the plaintiff not having done the work, as he himself had employed draymen and paid them as per receipts produced. Cross-examined by Mr Rees. Plaintiff moored the ship. Could not say whether the mooring and discharging were usually charged together. Never had a bill for mooring and dis« charging cargo. Plaintiff may have had the impression that they were to pay the carter. Had offered to pay *"hem ten shillings per ton. Judgment for £2O 14s and costs, being amount claimed, less sum paid by defendant to carter.