DISTRICT COURT.

Dunstan Times, Issue 352, 22 January 1869, Page 2

DISTRICT COURT.

Monday, Jan. 18. (Before his Hon. Judge Grey.) Muir y Pcrriam.—Claim £7O, value of i hree horses. Mr Badger appeared for the p'aintiff, and Mr. W. L Bailey for the de* fendant. The facts, as elicited by evidence, were, —Plaintiff handed over the horses to defendant in liquidation of a debt of L3O due by one Jane Wilson to the defendant, and further in consideration of defen lant selling /to Jane Wi son a store for LIOO, to be paid in weekly instalments of L2. Defendanf did not carry out the latter part of the agreement, hence the action. Verdict for L 22, the value of ono of the horses, and LG 2s. cojts of Court. Feraud v. Corporation of Clyde —Claim LOO for expenses attending Dunedin on a ’eputation. Mr. W. L. Bailey appeare-i for plaintiff, and Mr Brough for eefendants. Mr. Bailey stated the case, and called the plaintiff, who said that, when a member of the Town Council of Clyde, he had beer, appointed a member of a deputation to his 'ouor the Soperintcndent, and that he agreed to undertake the duties in consideration of his expenses being paid. This being agreed to by the Council, he proceeded to Dunedid, and incurren expenses amounting to LOO, which the Council refused to pay. Cross-examined by Mr Brough : I took an active part in getting the meeting together at which the resolution was passed, objected to being on the deputation, and recommended the Mayor. Was not presse , but asked to go to town, an I was promised payment of my expenses Did not tran act any business of my own. Was engaged the whole of my time on the business of the Corporation. At several interviews with the Superintendent Councillor Haslie was with me. Knowing his Honor couL. do nothing without the a vice of his Executive, 1 waited in town until their decision was arrived at 1 was eleven days in Dunedin and seven days travelling. The evidence of the Mayor, Town Clerk, and Coun cilior Hastie went to show that the sum claimed was unreasonable. Mr. Brough said that he was instructed by defendants (without prejudice) to offer L3O as settlement of the claim. Mr, Bailey sai 1 his client refused to accept the amount offered, but would leave the amount to be settled by his Honor, the Judge. Mr. Bailey reviewed the evidence of the witnesses and said ono an all agreed that expenses were to be paid, but the only difference of opinion was, in the interpretation of the wore reasonable ; from the social position and stan ing of his client, it was not to be expected that the charges could be less, and hope his Honor would allow the full amount claimed. Verdict for Plaintiff, L3l 155., and L2 Ss., Costs of Court. Tuesday, Jan. 19. Sideberg v Dunn.—This was an Appeal against an amount, (L7D) awards i by Assessors, as damages in a case heard before Mr. Warden Pyke, at Alexandra, in which the now respondent, Dunn was plaintiff, and the appellant, Sideberg, defendant. The original case was for damages Ll5O, sustained by Dunn, through Sideberg forcibly taking possession of a dredge, without giving due notice. Mr. W. L. Bailey appeared for Plaintiff, and Mr. Chapped for defendant. The case of the appellant was, that he ha i rented a dredge to the resi ondent for the sum of LS per week, conditionally that he was to take possessio i of it at any time he thought proper. On the part of respondent, the evidence adduce 1, tended to show he was renting the . redge by the week, therefore a week’s notice was necessary, and as the dredge had been taken possession of without rue notice; he was entitled to the amount awarded by the Assessors at the first hearing. His Honor, summing up said, he perfectly coincided with the ruling of the Warden before whom the case was heard, but consiperel the damage s rather excessive, and gave a verdict in favor of the respondent. Damages, LSO, andL3 18s., Costs. Wednesday, Jan. 20. His honor heard the Appeals against the assessment for the Incorporated Town of Clyde for the year 1868-9.. Mr. W. L. Bailey appeared on behalf of the Appellants, Mr. M. Marshall, Town Clerk, and Mr. H, J. Cope, on behalf of the Corporation. Mr. M'Phcrson, freehold allotment and store, assessed at LIOO, reduced to LBO ; ditto, Ferry, Crown lands, assessed at L2OO, reduced to Ll7O ; Freehold, assessed at L3O reduced to L2O, Mr. M'Connochie, freehold allotment 'and store assessed at LIOO reduied to LSO ; ditto, house on Crown lands, assessed at LSO, reduced toL3O Mr C. F. Johnson, freehold allotment and’ hotel, assessed at LIOO, reduced to LOO ; ditto house on Crown lands, assessed at L2O reduce Ito LIO. Mr. G. Fowler, freehold allotment and bakery, assessed at LSO left at LSO. Mr. Bailey stated one of his grounds of appeal against the assessment on the Ferry was the question of the power of the Corporation to assess property outside the Municipal boundary, and as the Ferry from 1 the fact of its being ou the river, was beyond the boundary, he would pray his Honor to take a note of the case. His Honor stated he would gm his decision in the. , course of a few days. 1

DUNSTAN DISTUICT HOSPITAL. The annual meeting of contributors to the Dunstan District Hospital was held in the Council chambers on Friday evening last, at 8 p.m. Vincent Pyke, Esq., (President) occupied the chair. The Chairman briefly stated the object of the meeting, and called on the Secretary to read the report of the retiring Committee, which was as foflows:— “Your Committee, at the close of this the sixth year of the Dunstan District Hospital, believe they may congratulate the subscribers on its usefulness and efficiency During t e past year several inprovoments have been effected, among which may bo mentioned the erection of a bath house, the ventilation of Alexandra ward, and the erection of a were fence along the river frontage. The building and furniture have been insured at £2OOO. In the month of June, at a meeting of contributors hold for the purpose, a revised cede of Rules was adopted, and in the month of September V. Pyke, Esq., was elected President, vice H. W. Robinson, resigned, and Messrs. Clark and Patterson, Members of Commit; tee, vice 11. C. Jones and J. jSpensely resigned. “ Your Committee during the past year have held twelve monthly, three special, and five adjourned meetings. “ The number of patients remaining in the Hospital on the 31st December, 1867, was ten; since when there been admitted eighty four, making a total of ninety four who have received treatment as in-door patients during the past year, of whom seventy-one have been discharged (cured or re ieved), and seven died, leaving sixteen remaining in the house. Forty-Ace persona have been treated as out-door patients, m king a total of one hundred and thirtynine who have received benefits from the institution during the past year. “Your Committee have to tender their hearty thanks to the public for their readiness in subscribing, more especially to those gentlemen in the out districts, who have so willingly given their time to the raising of fun's. “The Committee wish to bear testimony to th ■ able manner in which the Resident Surgeon has conducted the affairs of the institution, and to express their regret at losing the services of the late Wardsinan and Matron (Mr. and Mrs. M’Cartan), who resigned their appointments in December la t. In appointing tboir successors, your Committee have reduced the salary from £IBO to £l2O per annum. “The Committee in resigning their trust into the hands of the Contributors, do so with the hope that the institution under the management of their successors, may dispense the same amount of relief as it has hitherto clone.’ R. BARLOW, Secretary. Proposed by Mr. Marshall, seconded by Mr. Parkes, That the report now read ha a ’opted.—Carried. The Treasurers report was read and adopted, arid erdtred to be published in exteuso in the “ Dunstan Times.” (Sco Advertising Columns.) The Resident Surgeon’s repiort shewing the number of patients admitted into the H jspital. the number of nut-door patients t-o.Ved, also a synopsis of the different affect! us an I complaints the patients labored under was read and adopted. Tht Chairman roseandsaid that by effluxion of tiittJ the term of office had expired, and called upon those present to elect a new committee for the ensuing year. A voteof thanks was unanimously aocor ed to the retiring Committee. The following officers were elected;— V.Pyke, Esq., (President);W. Fraser, Esq., (Vice-President); A. Christophers, Esq., (Honorary Treasurer); R. Barlow, Esq., (Secretary). The following gentlemen were elected Committee of management ; Messrs. Hastie, Hazlett, Grindley, Ziele, Hueston, Beck, Faehe, Preshaw, Clark, Marshall, Patterson, an ’ Rev. C. S. Rosss. Messrs. Johnson and Jones were elected auditors. Vote of thanks to the Chair terminated the poroceedings.