RESIDENT MAGISTRATE'S COURT

Daily Telegraph (Napier), Issue 3002, 8 February 1881, Page 3

RESIDENT MAGISTRATE'S COURT

MONDAY, FEBRUARY 7.

(Before H. Eyre Kenny, Esq., 8.M.) The following cases were heard yesterday after we went to press : —

FORGERY,

Timothy Connelly and M. Kiely were charged with having feloniously altered a cheque for £6 to one for £60. Kiely was further charged with harboring and maintaining Connelly, though knowing at the time that he bad committed a felony.

On the application of the police the prisoners were remanded till Monday nest.

CIVIL CASES,

Napier Grammar School Co. v. John Harding.—-Claim £11.—Mr Carlile appeared for the plaintiffs and Mr Cornford for the defendant.—Mr Cornford objected to Mr Carlile appearing on behalf of the plaintiffs. He should produce a warrant seated with the seal of tbe Grammar School Corporation. After tome argument the cafe was adjourned for an hour to enable Mr Carlile to proCure the warrant of authority. Subsequently Mr Carlile presented the warrant, when Mr Cornford took exception to the proceedings, as the warrant waa dated February 7th, and therefore there could have been no authority in force to commence the proceeding, as tbe summons was issued on January 18. He did not however wish to press the point. —His Worship said as a matter of equity he would accept the authority. The defence was then stated to be—lst, that there was no eueh company; 2nd, that defendant was not the holder of any ihares; 3rd, that no call was duly made ; md 4th, that there was no notice of the Call for which the defendant was now ■ned. Mr Carlile said he was prepared to prove everything with the exception of the first point, as owing to some unfortunate mistake tbe person to whom the articles of association had been sent from Auckland oiislaid them. If Mr Cornford would admit the existence of the company he would go on with the case, but if not he would ask for an adjournment till a certified copy could be obtained from Auckland. Mr Cornford was not disposed to admit secondary evidence. Tbe case was after some deliberation adjourned Until next Monday. A case brought by the same company against Rechab Harding, which was of a similar nature, was also adjourned till next Monday. Panapa v. Renata (a Wairaarama native).—Claim. £25, value of a chestnut horse alleged to bave been taken by defendant from plaintiff. Panapa deposed to missing tbe horse from Pakowhai in 1876 It was a chestnut gelding, with three white feet and a blaze down the face. From information received he knew it to be in defendant's possession. Hone Karaka deposed that be knew the horse well, and could swear tbe < ne then in defendants possession was the same. Defendant made a long, rambling statement, the effect of which was that in the year mentioned he lost his mare with a foal at foot, and when he recovered possession of ber she had two foals following her, the second one being tbe one claimed by plaintiff. He simply claimed it because it followed his mare. Paori said the defendant's statement was false as to the manner in which he got the horse. Mungamunga gave unimportant evidence. After looking at the horce, which was found to correspond with the description given, His Worship ordered the animal to be returned to the plaintiff, defendant to pay £3 costs.