Friday, May 17.
(Before the Police Magistrate and J. P. Wilkie, Esq.,
Wagner v Hare. — This case arose out of a disputed levy on a horse, saddle and bridle, made by defendant, who is bailiff tf the District Court. Mr Stable, for defendant, made tbe objeotion that one dear month's notice in writing bad not been given, which is required by the Act lehre pmcee'tags can be taken aeainst an officer of tbe Court.
Defendant had construed the Issue of a summons a month before to he the notice required ; but the objec tion was sustained, and the bench refused to entertain the case. ' . . Voiksr and Coilay » Thornton.— This was f chain of £10 6s, value of goods lost From the evidence of the parties it appeared that defendant, who drives a (earn for Scholesand Emerson, had promised to bring from Helidon to Zoowoomba two I ags or bales alleged to contain saddlery and one roll of leather, provided that he should have room for them. Defendant, who is not a licensed carrier, did not take delivery of the goods from plaintiff, bit from the station master at Helidon ; and no agreement was made as to U-' amount to be charged for carriage. Defendant ad mitted bavin* missed one of the bales from off tbe dray when at the foot of the Bange, nod that he went back to look for it, but without euoeess ; but be denied having formally reoeived the goods of plaintiffs, or having made any engagement to cany and deliver them. Plaintiffs never received the missing hale. . The Bench remarked that from die delivery not (pro duced) signed by the Station-master, simI from defen dant's own admissions, it was evident he lad received the goods for the purpose of conveying «iem to Too woomba. JndgmentwasaocordinglytiventorpUinlini, £USs and cost*. Walker « Greer.— A claim of £3 6i for one month's rait. Mr8taM«fer|AaB«ff. ? ..'' i PlaiDtJff deposed t In February or March last I pnr ehased a cottage wiJJi land adjoining fa BasseU-stteet ; it was in defendant's occupation s* ttotfaae, and had been his property, botwaBrjongWbyiaefromtheOmeial Assfeaee what Q«er became tain*** Iw^dated to remain assfensht, Md to pay, ,*a«si*bly fa advauM, TentattheT»«a-£»9iwr»r,**l*oleamon»BoeiT- SOta March; I p«w Qtear in the 03Um rf April, md to whBe W j»»»«otts«rf J!-r»awJ«M»1 toantMeil
||^a«Mas«|^BBBtrWrPtlWOC7V' '' mmmMM ^ra^^reBtTlSfcihadSfortealUd^oiijnB n Up middle of the M&^wkaiiBetotwstiit, ted ^Maidens se I ooniferadttat MJdwtowwit $ ..then tastmed me tali* Utd-M,Md «id that «vwy »tpUhlmIws«a»eryl»^di««o*««ibslli«badhepsa. ha* I had reformed. Cross-examined by MrStaae; I BefBTtsid In j&. . md of the month ; tfat pnmkes w«»'''w^^^P ^c^U^wisno^S^oW^t^iB^tyl^ Jhe boBder a eparefcay I fcsd tfcrt w»»l« W«h* Annrj jt»w ny oath I never used the kitchen op to tie end «f the minth^didaOtSendthTkwtooWviWntiiriaidhe would send the partial when they were ready to oornein, ind I tbonght that they had rot off making fte altera tions they intended on acoWnt of the win* . ? . - . i i /, BUen a«er. wife rf defendant,,, deposed tPWota bad a conversation with me in ihe middle of April; *e . iaked me to see if Greer would «o put, as lie parties to , | whom be let tbe plaoe wanted immeoiate possession ; te said he wonld make it wortbonr while ; I s»U I thought Greer would agree, as we had not much ass for the . place, and that in three or four days we would hire everything out; we had all out in four or fire days, having to put up a partition in the shop to receive tbe goods; flreer got oraoked when I told bimab-utmy pron)U»,.bnt?ny daughter and I talked him over and t Crew-examined by Mr Stable; About three or four '' days after the platnUff spoke to me the pbw» wai ahifted but; the tilings ware taken out rf the Jtjtcben first ; I never need it except for keeping dirty olothes and wash ing t I djd not ?* tne party «oming. in tapaj what Mr Walker sail would be worth my while.. -, .. ., ? ' In answer to questions by defendant,' witness stated that it was distinctly understood that payment ot rent was not to be in advance; when the man came on the 29th, there was nothing in the place bnt a broken chair, and perhaps a few things on the ground. - Charles Hare was called by Mr Stable, and gave evl dense tfeat be lived at the back of tbe premises in question. During tbe last week in April he saw defen dant and his family going backwards and forwards to to tbe cottage, and saw them moving goods on Sunday, the 28th April. ' Plaintiff, recalled by the Bench, stated that he had purchased the property on the 4th February. He bad allowed defendant to pay his rent at the end of the month, instead of in advance, as a favour on aaoeunt of . Us being short of money in consequence of bis having just gone through the Insolvent Court. The Police Magistrate caul that the Bench were agreed . that plaintiff had made overtures for defendant to Vacate the premises before the expiration of the month of which notice had been given. Defendant and bis wife swore positively that they bad removed everything by the 19th, except one or two trifling articles. The in-coming tenant did not offer to take possession, and no one ap peared on behalf of the plaintiff until the 29th. Un der tbe circumstances, as. the rent was payable monthly and the evidence went to show that Greer was induced to leave before the end of tbe month, judgment would be given for defendant. [Much amusement was occasioned during tie hearing of this case by the very excitable temperament Mrs (Ireer displayed in giving her evidence, and by her tree comments, which tbe Bench were powerless to stop. She appeared particularly indignant at plaintiff having em ployed a solicitor, and invited him to stand up and she'd
talk to mm, ana not Slti mere »mc ?* gn»b iw;. Plaintiff did'nt seem to see it. At tbe conclusion of tbe proceedings tbe lady signified her triumph by loudly clapping her bands, but immediately afterwards yielded to the peremptory request of tbe Bench, and loft tbe McGahn v. Ball.— Mr Stable appeared for plaintiff, and Mr Dexter (on behalf of Mr Hamilton), for defen- dant. This was an action for £10, the value of a horse which it was alleged defendant had in his possession as an inn keeper. A plea was entered of not indebted, and that defendant never received the horse. Lawrance McGahan stated that he put up at defendant's house and continued there for three weeks ; my horse was then missing ; left him in charge of the groom ; had not used the horse for a fortnight previously ; I took the horse to Ball's paddock ; the groom brought the saddle home in Ball's dray ; was offered £10 for the horse coming down ; asked for payment, defendant was willing to pay for it, but his wife would not let him ; she said she would soon make a bill to the price of the horse. By Mr Dexter : Came there on the 9th March and left yesterday. Mr Stable stated there was no set-off, and he should object to one being allowed. Mr Dexter asked to be allowed to amend the plea by putting in a set-off, which could be done by their Worships under the 10th Rule of Court. Mr Stable objected to the amendment of the plea. His Worship was of opinion that no set-off could be entered: By Mr Dexter : I was away from there for two weeks ; gave the horse to Luby the groom ; I used the horse during the time ; took the horse to the paddock ; lent it once to Dick Hodge ; might have lent it to some one during the time ; I saw the horse about the 1st April ; missed the horse on tbh 3rd May ; never authorised any person to use the horse ; the groom used to bring all the horses in to water, and one morning I missed it and spoke to the groom about it. By Mr Stable - It was on the 4th April, I believe, the horse was lost ; was with the groom when he brought the saddle home ; after that the horse was brought to water several times. Josiah Ball, deposed : The plaintiff came to my house about the 9th March ; he gave me the swag ; he said nothing to me about a horse at that time; he never de livered a horse to me ; some time after I found he had one ; he never gave me a saddle ; he bought a saddle in town which he gave me to take care of. By Mr Stable : I received nothing but a pair of blankets ; I never used a saddle of his ; about eight days afterwards I saw a horse in the yard ; some one said it was Larry's ; never had a horse of his in my charge. By the Court : The man only paid once since he hoa been there ; it was £1 ; he owes me £13 10s. By Mr Stable; My wife takes the money; I don't know if he had any money from Sanderson. By the Court: About a fortnight ago he applied for his horse ; he did not tender the amount of his bill ; I did not like to turn him out of doors ; I never turn a man out of doors; he was waiting for work. Mrs Ball deposed: Plaintiff came to our house about 9th March ; never saw a horse with him ; he never de posited a cheque with me ; never saw a bridle or saddle of his; after the summons was issued, he said if we paid his solicitor's costs, and gave him a week or two's board, he would say nothing of it. By Mr Stable: I never said I would pile up a bill against him ; we never had his horse in possession ; I
did hear that Dick Hodge, a brother of mine, had his horse; he has nothing to do with my house; he never paid me any money, except £1 ; I know nothing what ever of the bridle and saddle. By the Court : I keep the books (produced) ; Larry's account shows amount due £13 16s 6d; there is no charge for the horse. By Mr Stable : The writing is mine ; the entries were taken off the slate. Mr Stable said that it was all written at one time in the book. His Worship was quite sure such was not the case. Thomas Hanlon deposed : Am groom at Mr Ball's since the 25th March ; have seen a horse supposed to be the property of plaintiff ; he never gave it in my charge; saw a man named Winn riding it; have never had it in my charge. By Mr Stable; Have seen the horse in the paddock ; recollect when the horse was missing; Larry asked me where the horse was last; he had previously told me to let him know where the horse was gone, at he expected his brother-in-law would take it; I told him of it when I missed it. By the Court: The usual notice is that men boarding in the house put their horses in the paddock, and are charged nothing for it. Judgment for defendant, on the ground that no proof was given of the horse ever being delivered. Mr. Stable asked that the judgment might be recorded in case of an appeal. Irw2ni-Saw7«£— A date of £10, damages arisng frominjury doBetoaefoniaaVsoatUe. MrStetteTsr plaintiff! : ..-.???. -t --,..-? Mr Boyle, for defendant, asked that tin easts wtgM faepaUi^ontteMMwaafceard. His Wonhip ssHtae costs woaU be paid by whatever attebstaewtasa. '? : '. -' .' »?-..- --* - Mr toffe cbMgtt *e «sM Matt sntbtCOM Mb*** tfc taUiNtgi**.** MtamnatttBtisB. awJWsa talill, wiusadisaBbedsMsMoiAaiiate&at. ^ ,- HfcWa^Wawtes^ssrisa. nhjlKsss flsiiH before, and would t*uu*ta lift Us) tasa.-w.,, :. ^. J~
?boat lib fcsvisg dgggsd ayortWe «? -ttijtOa Ag^l j l»eaU«^co«k.-lo s»; on H»d»y, OM.a2na-*ifl, Imi«rf*«Bitt*'OiHi»*nd:*»iree«P»*iiie«»-«iw«b»T« found them do*; vJoe the ?pringCT-f C» 10. ; the «owslneg*end; *few d«y««ft«th«8i«tonoflt tb?. oowido^htridf ; riwwM *srtk jei7fci*»-lMt tjie xailk of her for«ne teaaon. - ?----. .; . :., U.,.. ByUrBorle : I k»w BSthing about the flan s JW bU expenses, he deposed s Wh i» pUiotifli employ on Slit AjsjLI4riTing OOWB*- Spring iJreek ; defendant,.. fewylfseCieiFon tbennTwurtbs** kin-} be set. die dogs to again ; -he oatde were on the path ; I lost five head ; the two eows were recovered ; eoohftiot find, the others j they wen nerer dogged before when I was' present; don't know if Hie land was Sawyer's or not ; this was in the open bosh; there was no fence near there., Bj-defendant : Mrs Sawyer told me that some part of thennfenced land was theirs; I did not know who it belonged to; tun sore tt was a dog Attacked the -eon; after tbe dog assailed the cattle I went into Sawyer's house ; I lit ray pipe there ; won't swear I tras'nt there a quarter-of-an-hour ; never lost any eattle till that day. ' ' By Mr Stable : There was a beaten track ou which I was driying them along. ? By the Court : I left plaintiff's service that da? ; he told me I did not kuow sufficient of the bush. . Mr Boyle said he had nowithteses, but he thought there was no evidence against his client. Uodid not wish the cay vaianded. «)? ? His Worship add there*** no evidetioe whatever to. rebut plaintiffs case, whose evidence prtfved the damage. The Bench .considered that the damages were as much as anything occasioned by tlie stupidity of plaintiffs servant, end therefore considering that plaintiff would probably recover his cattle, judgment would be for plaintiff for 10s, plaintiff to pay 21s costs. Ghtrvey e Pottinger. — Claim for fencing, £10. Mr Stable, for defendant, stated that tlie summons was issued against Mrs Pottinger, who could not be sued. His Worship ordered a nonsuit to be entered. Ilattonv Kelly. —Mr Dexter, for plaintiff, said de fendant was called on to show cause why judgment should not be recorded against him for £15 2s and costs, and that the summons was issued under tbe 11th clause of the Small Debts Recovery Act. Thomas Joseph Kelly deposed : Recollect the bailiff coming to? my house with a warrant ; lie- read it ; I did not pay the amount ; he did not demand it, neither did I pay it ; I bad no moans of paying the demand ; fiobinson and Grimes owe roe £46 for the work I am now doing. By the Court : My agreement with Robinson and Grimes is also with a mate, who is working with me. Examination continued ? I never received any goods from niy house, nor authorised any one else to do so. By the Court : I received R5O a week ago ; I paiil it all to my men, who are doing the work ; the balance is with Mr Robinson, £16, for the men who have been on the. work ; nine of us worked on the job ; it was for 4s a roafor making a two rail fence ; paid the men for
putting it up at Is 4d a rod ; I and six men split tbe stuff, and four men put it up ; paid Sd per rod for carrying ; paid the £50 to four men for putting up 700 roda, at Is4d ; paid the men for splitting at £\ per week ; were ten weeks at It ; owe RobiiiBon £8. Mr Dexter submitted that under the 12th section the Court hail power to award with respect to the money now in the hands of Mr Robinson. This proceeding would sever have been taken except that a promissory note was given to plaintiff for meat supplied. There mis aD intention on the part of defendant to evade pay ment. His Worship considered that he could make no order in this matter, as there was no proof that defendant had wilfully squandered the money. Case remanded till Monday, the 20th, on the applica tion of Mr Dexter. Ahern j- Ashton.— £1 IBs 3d, balance of account. Plaintiff deposed : Sold defendant a cottage and an allotment of l.uid on the 18th instant for £15 ; was asked to make it appear to Mr Merry that I was to pay half the deeds; Mr Hamilton was the solicitor; I agreed to make it appear that I was to pay half the deeds ; he afterwards paid me £2 on account, and I now claim the difference. Defendant deposed : I bought the land from defendant upon the condition of paying£15, plnintiffto pay bale tbe deeds ; £6 12s 6d was the price of them ; gave him tlie £1 on aooonnt of the bargain, as I considered it was a good one. By plaintiff : I never told yon to call op again, or that that I was going to get the money for you. By the Court t Mr Merry advanced me awie money. Rolictt Dexter deposed : The two parties before the Court-instructed me to prepare a conveyance ; when it was read defondant handed me a cheque for £12 3s 9d ; it was then agreed that plaintiff should pay one-half, ?M his half was deducted, and the account has since been paid in fuU by Ashton. IBs Worship could not see what object there could be in defendant's asking to lend lib name (o pay half ; and, also, what did defendant pay the £1 upon ! Upon the evidence the Bench would dismiss the case. Archer »C. E. Walker.— £1 Is— corn. For plaintiff with cists. ? '