DISTRICT COURT, CLYDE. EXTENDED JURISDICTION.

Dunstan Times, Issue 291, 22 November 1867, Page 3

DISTRICT COURT, CLYDE. EXTENDED JURISDICTION.

(Before His Honor Mr. Wilson - Grey, District Judge.) . Monday, November 18th, 1867. Moore v. Sammons and Others.—Claim £46 I7s. Bd. against the Perseverance W». ter Race Co., Dry broad, for wages, horse hire, cash expended and sundries. Mr. Bailey appeared for the Plaintiff, and Mr. James Cameron (one of the defentants) for th) defendants. It appeared from the evidence that Moore was engaged look after the race on the 2nd Feb. last, rate'of £4 per week, and that he remained so engaged up to the 12th Oct. when he was summarily dismissed, without being paid what he considered fair wages. He claimed now the above sum. For the defence, it was proved by the books of the Company, and shareholders' testimony that the account sued "for was wrong, further the Plaintiff had set diwn in his account the ita'n of £ I per week, for e : ght weeks labor, while ho had agreed to work for £2 10s 0d per week durincr the time water was scarce.—Verdict for Plaintiff, £24 2s. and «1 6s Od Gists. Arpr.u, Cass.—Tamos Smith, Appellant v. William Donoghuo and others, Respond<eni*, agiiist a decision of Mr. Warden Hickson at Roxburgh. Mr. Chappel appeared for the Appellant,

and Mr Bailey, for Respondents.—On opening the cas», Hi a Honor said; that he had been looking over the papers sent up from the Court below and he found that the materials on which he had to decide the question submitted to him, consisted of the Warden's notes of evidence, and the "reasons" given by him for his decision. At the same time he had reason to believe, that one of the parties expected to be allowed to call witnesses, as there were some questions raised as to matters of fact. The interpretation he was disposed to put upon the 81st Sectihn of the Goldfileds' Act of 1866, giving the right of appeal, was, that in such case s , he could not try the case over again by witnesses, but could only send it back for re-hearing by the Warden. He had recently learned that Judge Clarke of Hokitika, put a different construction on the section, and in appeals on matters of fact, heard witnesses, and tried the case over again. If either party insisted on this right, he would be glad to facilitate a reference to the Supreme Court for its opinion by refusing to examinea witness, and the party could apply for a "mandamus" to compel him to try the case in that way. If either party wished to make such an application, he would adjourn the case and under the circumstances give them time to consider the matter. An adjournment till next day was granted. Carlback v. Fuller. —Claim £s29s.lid. on a dishonored acceptance. Mr. Bailey for the plaintiff; no appearance for the defendant. His Honor remarked that the "District Court Act" specifies thirty-three days as the limited time for summoning a defendant to Court, if he resides more than one hundred and less than one hundred andfifty miles from the] place where such Court is sitting,, and as it appeared from the endorsement on the summons that this was the thirty-third day, the question might arise whether due service was made. He would meanwhile give a verdict for the plaintiff, with £2 10s. costs, and reserve the point with regard to the time of summoning. Mr. Bailey applied for a warrant of "imprisonment in default of satisfaction under warrant of distress. Judment reserved. Ziele v. Shanif.t.—'Claim £27 17s. for goods supplied. Mr. Bailey for defendant. The sum of £2l 12s. was paid into Court. Verdict for plaintiff, £24 17s. with £2 19s. costs. Tuesday, November 19th. AprEAi, Case.—This was an adjourned hearing from the previous day, the appellant being one James Smith who was not present but represented by his solicitor' Mr. John Cole Chappel, whose agency in the matter His Honor admitted notwithstanding the strong opposition of Mr. Bailey who appeared for defendant. The litigation arose out of a decision given by Mr. Warden Hickson at Teviot, in a case where the present appellant asserted his right to a fifth share in an extended claim of three acres and a tail race at the Waikia. The Warden's notes were the basis of the appeal and by both counsel admitted. The appellant, James Smith, who worked with his mates from February to July suddenly disappeared on the 3rd of the latter month, taking with him blankets &c, but leaving tent, flour, tea, and sundry other articles. Hc'did not inform his mates of any intention to leave and alleges that, from the effects of drink, ho was unconscious of what he was doing. When he went away the claim was not paying, but it subsequently became payable. On the 2,'ird of July he returned, and found that, three days affer his disappearance, the other shareholders had applied for and obtained from the Warden the right to his share, and had put in men on wages to work. There existed an agreement, signed by all the interested parties to the effect that, if one of them loft the claim for "any day, or part of a day," he should suffer a penalty of £l. This the appellant was willing to pay out of the profits of the claim, but he was refused any participation therein. The defence was that Smith absented himself wilfully, and under the impression that the claim would turn out a duffer, and that ho, having heard of the good prospects the remaining shareholders had obtained since he left, returned, and asserted a right they considered forfeited. It was alleged on their behalf that they registered his share in their name, so as to prevent a stranger stepping in and taking advantage and benefit of their previous labor, and they considered that his leaving without any notice whatever was equivalent to an abandonment of all his right and interest. The pleadings on both sides were long and elaborate. Judgment reserved till next day, at 7 p.m. In the Matter of the Shag Paver WaterPace Company (Limited), winding-up.— This case came on for adjudication upon claims of creditors. The Clerk stated that only two claims of debt had been filed with him, one from William Edmonds, of Hamilton's, for £67 os., wages as manager, and another from Edward Barber, of Hamilton's, for £2l 6s. 4d., cartage and sundries. The Official Agent was not present, but it was stated on his behalf that he had not yet had sufficient opportunity of examining the books of the Company. It was ordered that the time for sending in claims for debts be extended to Wednesday, the Ist of January next, and the time for adjudicating upon the claims to Monday, the 13th of January, advertisements to this effect to be published once in the "Otago Daily Times" and once in the "Dunstan Times," on or before the Ist of December next. Wednesday, Nov. 2f>. Appeal Case.—ln the appeal case between James °mith and O'Donoughue and party the JndfC, on srrour.ds specially set forth, resolved to send the case back to the Warden's Court,, Rnxhugh, for re-hearing. [The jndTment of his Hon' r will be given "in extenso" in our next issue]