RESIDENT MAGISTRATES COURT.

Wellington Independent, Volume XVII, Issue 1745, 26 July 1862, Page 3

RESIDENT MAGISTRATES COURT.

Otaki Sittings, 11th and 12th July, 1862. [Before Walteb Bclleb, Esq., R.M.] Wm. Dodds v. Wm. Davis — Breach of Licensing Ordinance.— Defendant was charged with having ou or about 9th of December last sold a quantity of Spirituous Liquor, to wit) a pint of rum, contrary to the provisions of the Ordinance. At the conclusion of the evidence the Resident Magistrate explained that the penalty under the 29th clause of the Licensing Ordinance was £50, recoverable in a summary way; but, for certain reasons, he would iv the present case reserve his decision for the next sittings. Henry F. Eagar v. Wm. Davis — Debt £11 Us. 3d. This was asuit for the recovery of wages for service performed in the cartage of goods to and from Wellington. Defendant put in, a set off. Plaintiff filed a counter claim. After a full hearing and mutual adjustment of accounts, judgment was given lor plaintiff for amount, and costs Ids. B. Gray v. John Harvey — Damages £16. This was an action to recover the value of a cow alleged to have been killed by the natives at the instigation of Defendant's wife (a Maori woman). A number of native witnesses were examined, and defendant's wife made a statement. It appeared to the Court that the beast was killed in mistake for another ; and European witnesses having deposed as to her value, judgment was given for £6 10s. and costs Ids. Richard Eagar v. Takerei— Debt £3 16s. Judgment by consent for amount and costs. Richard J2agarv.Kerekeha—D&m&ges £lO» (adjourned case) Further postponed to next sittings in consequence of non-service of summons. Ihikiera v. Richard Eagar — Wages £2 13$. 7d. This was a suit to recover the moiety of wages for services performed during a specific period the other half having, by special agreement, been applied to the liquidation in part of an old standing debt. Defendant filed balance of account as a set off. Court refused to recognise the set off, defendant having ad* raitted the specific agreement as to cash payment of moiety, and it having appeared io. evidence that plaintiff was uuder engagement to pay the amount to a third party. Judgment for amount and costs 75., payable within one month. Richard Eagar v. fkikiera-— Debt £2 16s. Case withdrawn upon issue of the former one. Te Ruru v. Matnahu— Damages £l 10s.. value of a pig killed by defendant Summons not served : case to staDd over for next sittings. Mr. Eagar applied to the Court for distress warrants against several natives for old standing judgments in Mr. St. Hill's Court. The Bes£ dent Magistrate explained that while he was ready to assist the plaintiff as far as possible in the recovery of these legitimate claims, he could not consent to prejudice his own position, at starting, and to endanger the success of his j generalplan by any steps that might precipitate a collision of parties. He stated that' he felt he was only consulting the interest of the plaintiff by putting off for awhile the execution applied for j expressing his conviction that ere very long the district would be so far, settled that any summary steps might be taken against any of the natives without endaagerujsr the genet&l peace. . , "