RESIDENT MAGISTRATE'S COURT, WELLINGTON.

Wellington Independent, Volume XXI, Issue 2376, 16 June 1866, Page 5

RESIDENT MAGISTRATE'S COURT, WELLINGTON.

Thursday, June 14. (Before J. Coutts Crawford, Esq., R.M.) DBUNXENNESS. William Brodio, charged by Michael Monaghan with the above offence, was fined 5s j or, in default, 24 hours' imprisonment. BREACH ©1 CONSTABULARY PORCE ORDINANCE. William Boyd, laborer, was charged with being illegally on £he promises of Mr. Gr. Death, Man-ners-street. Prisoner said lie had gone to the house for the purpose of getting lodgings; that he hnd knocked, and no one coming to the door, he tried it and found ifc unlocked. Discharged with a reprimand. DEBT OASES. D. Anderson v. R. Borthwick. — Plaintift* sued for the sum of £i 7s 6d, for goods supplied to defendant. Judgment for amount and costs. J. Short v. H. W. Mitchell— €l7 12s Gd. Case called on. Parties not in attendance. TOWN BOARD RATES. J. B. Wallace y. H. Pitt— £2 8s 4d. Defendant, who is a native, disputed his liability, stilting that the ground ho occupied was part of a native reserve. The case was adjourned until 15th inst. J. B. Wallace v. W. Prince— Rates, 8s 4d Judgment by default for amount and costs. J. B. Wallace v. W. Mansill— Rates, £2 3s 9d. Amount and costs paid into Courb. Scott v. Owen, Smart, and Co. — The plaintiff claimed £20 for three days' demurrage, as consignees of pnrt of cargo of the barquo Mary Frances. It seems the vessel had been here some time before the consignees were aware of hor arrival, and according to the charter party the demurrage was to be £7 per day for every day after the ninth of the vessel's arrival. Captain Scott examined — I am master of the barque Mary Francis. I arrived here on May the 29th with a cargo of coals, and entered at the Customs the same day. I wont round to the merchants hunting for a consignee, and did not find one. I asked the Collector of Customs if he would take a written notice from me that the ship was entered on thii previous day, so as to allow me to unload. He declined to do so. • _ On the 30th May I inserted an advertisement, requesting consignees to take dolivery of coals. To this I received no answer. On Juno sth a mail arrived from Newcastle, and I then found that Owen, Smart, and Co. were tho consignees. I handed them a letter, telling them that I could not deliver tho cargo without being paid for demurrage. I received an answer stating that they refused to pay the demurrage, referring me to the charter party, and recommending me to apply to the "Resident Magistrate's Court to try tho case. Tho defendants commenced unloading the coals on the 6th June. When I left Newcastle I brought down a mail, and my vessel was 31 days in the stream after being loaded. I have been a master above 24 years, and in similar cases to this have always been paid demurrage. Cross-examined by Mr. Owen — There is a telegram from Newcastle to Sydney. It is customary to leave a port without knowing to whom the cargo is consigned. Tho owners sent me to sea. I did not know the agents. I expected to find that information in the mail bags. Daniel Mclntyro examined — I am a master mariner, and have been so for many years. Demurrage is generally paid day by day. The consignee is looked upon in the light of a charterer. If they arc authorised by tho charterer they are bound by (he demurrage. Cross-examined — I have not traded between Newcastle and this port. I consider the coal trade tho same as any other trade. This was the case for the plaintiff. For the defence, Edward Owen, examined, said — On Juno sth, Captain Scott brought some letters to us, of which these aro the envelopes (produced). They are marked " per Mar^ Francis," and are dated Sydney, May 18th, tho day on which the vessel loffc Newcastle. On the receipt of these letters we were surprised. Shortly afterwards we got the letter of June sth, to which we replied, on tho same day declining to pay the demurrage. Plaintiff commenced unloading on tho 6th, and we received coals from him sinco then. Ho still continued unloading notwithstanding our protest, and we were obliged to take the coals. Wo hold that the clause in the charter party which says that the consignees are to have nine clear working days after written notice, is insurmountable, and I shall bo able to produce as to the custom in the coal trade in masters bringing consignees' advices. Cross-examined — We have sold fifty tons of these coals, but we have received more before we sold them. We sent lighters for the coals. Mr. Benson examined, said — I have commanded steamships for many years, — have acted as broker iii London for two years, and have had considerable experience in the chartering and general working of colliers. Tho time of discharging cargo in coal charters is nine working days from twentyfour hours after written notice to charterers' agents. In coal vessels leaving Newcastle the master's duty is to find out who are his consignees. This clause is entered in tho charter party to prevent mistakes. Cross-examine;! — It is tho duty of tho master to find out who tho charterer's agents are, just as much as to kuow who aro his charterers. Mr. Izard submittd that he had clearly proved his case, and the vessel having waited thirty-one days it was quite clear that the charterers had sufficient time to send advices to their agents, and if they had neglected to do so, it was no excuse, for if v person were liable on a contract his own negligence was no excuse* .and did not release him. llis Worship considered that tho real person liable was tho charterer of tho vessel, but as tho consignees hud taken tho responsibility, he Bhould give judgment for amount and costs.

Friday, June 15, 1866. (Before J. Coutls Crawford, Esq., R.M.) DRUNKENNESS. Peter Holes and George Davidson, laborers, •were charged with the above offence, and fined 10s each. DEBT CASES. J. B. Wallace v H. Pitt— Rates, £3 8s 4d. Judgment for amount and costs. H. Gh McOrea v Ann Sutherland— Plaintiff sued for £1 18s o£d for groceries supplied. Judgment for plaintiff for amount and costs. 0. Pawns vR. Borthwick— Debt, £2 3s. Case called, parties not in attendance.