DISTRICT COURT, CLYDE.

Dunstan Times, Issue 299, 17 January 1868, Page 2

DISTRICT COURT, CLYDE.

Monday, 13t;i Janpaky. (Eotore Wilson Grey, Esq., Judge of District Court.) Clrlhack v. Fuller. —Claim £ti2 9s. 11.1, dishonored acceptance. Judgment for the amount claimed and £-1 4a, costs. Beattie v. Matthew Forsyth, David Forsyth, and Angus M Donald. Claim for £ll 17s. 71, poods sold and delivered. No defence. Judgment for £3t> Ss. Id, and £2 3s. costs. Richardson v. Smith.—Claim £37 10?., horse hire. No appearance. Case struck out. APPEAL COURT. James Smith and Co., appellants ; Joshua Chatbofirne and 00., respondents.—Appeal from a decision ef Mr. Warden Hick-son L made in respect to a tail race at Campbell's fcj Gully on the 22nd of November last. Mr. V Chappie for the appellants, Mr. Heighten for y the respondents. Ordered that the jndg- | ment of the Warden be set aside, and that the case be re-hcard by the Warden. The above case, the particulars of which are known to many of our readers, is of so ranch importance that we feel ourselvc bound to give a brief resume of its leading feature, o . The origin of the dispute was the priority of rigid to cut. a tail race at Campbell's Gully. At the hearing of the case before the Warden at the Teviot the defenejAa produced as evidence of their title a ccmficate signed by Mr. J. C. Thomson, Officer in Charge at Alexandra. This certificate was objected to by Mr. Warden Hickson as not satisfactory evidence of title. Plaintiffs further alleged that there was no record of the certificate at the office at Alexandra, from which it had been issued. At that time, however, it was impossible to test the truth of this statement, the office at Alexandra being locked up, on account of the difficulties between the General and Provincial Governments. Tho appeal was against the objection to the certificate. Mr. Warden Robinson was examined, and produced, from the office at Alexandra, (ho original application by defendants for tho tail rate, the requisite consent of tho four nearest chimkdders, and the block of cer- J Create, and alec testified (hat tLis/co;£(i»

tuted registration as then carried out at the time ef the issue of the certificate. Mr. Beighton, for the respondents, raised several formal objections to the documents produced; but ultimately consented to an order upon the appeal that the case should be re-heard by the Warden. The respondents admitting the validity of the certificate a re-hearing became necessary, as respondents insisted at the same time that the validity of the certificate was not conclusive as a defence against the defendants in the case. Tuesday, 14th January. Appeals against the Municipal Assess- :— Bank of New Zealand.—Assessment reduced from £l2O to £9O. Donald M'Pherson.—Assessment on punt Appeal dismissed. William Auckland.—Assessment on £l3O reduced to £95. Robert Westwood.—Reduced from £GO to £4O. Benjamin Naylor.—Reduced from £l5O to £l2O. •Jean D. Feraud. Reduced from £7O to i'CO. James Holt.—Assessment on coalpit £IOO Appeal dissallowed. Spencely and Co.—Educed from £l3O to '£llo. Edward Aldridgo. Reduced from £96 to £7O. The Town Clerk, assisted by Mi ssrs.Cope and Grindley (Town Assessors), appeared for the Council. Mr. W. L. Bailey conducted the majority ■of the cases on behalf of the appellants.