RESIDENT MAGISTRATE’S AND WARDEN’S COURTS, CROMWELL.

Dunstan Times, Issue 387, 17 September 1869, Page 3

RESIDENT MAGISTRATE’S AND WARDEN’S COURTS, CROMWELL.

(Before Vincent Pike, Esq., Warden.) Wednesday, Sept. 15. Before proceeding with tho business of the Court, Mr. Pyke drew attention to the incorrectness of the statements respecting the transaction of public business, which were male at a recent meeting at Cromwell; and pnbli hed in the “ Dnnstan Times ” of tho 10th inst., showing from documentary evidence that no person had attended the Court on the proceeding Welnesday in answer to any summonses, for that none worn returnable earlier than the 15th. No fresh summonses had been issued on the Sth, nor had any application for a fresh summons, or for any alteration been made; and that consequently no fresh expenses had been incurred on the day referred to. Bub v. Nahah.— No appearance. Neiburg v. Stuart and another.--This was a complaint against the defendants for unlawfully diverting a side stream, to tho damage of plaintiff in the sum a £65. Documentary evidence was produce’, showing the right to the water was the property of tho defendants, consequently tho case was dismissed, Plaintiffs to pay costs and £2 2s. professional fees.

Regina v. Stewart for a breach of tbo Goldfields’ Act, by selling stores without a license. The defendant stated bo held a publican’s license, also bad applied and lodge i £5 for a license for bis punt, ami b; thought the two licenses were all that hj i required. The Warden said the defendant was in error, neither of the licenses he doscribe 1 as holding gave him the power t > sell scores, and that it he won: I takeout a license no line would be intilete '. This was accordingly done. Bruce and party v. the All Nations claiir, —This was a claim for damages done to plaintiffs’ claim by a (low of' water from the defendants. Assessors were appointed who, after visiting the ground, gave a verricq in favor of defendants, ns tho flow of water was a natural drainage. Several applications were dealt with, after which the Court closed. Resident Magistrate’s Court. (Before V. Pyke, Esq., R.M„ and R. A. Longhnan, Es.q., J.P.) Goodgcr v. Wlietter.—This was a complaint that the defendant (the late Mayor of Cromwell) was guilty on tho Sad August of opening certain letters addressed to the Mayor and Councillors, after ho had ceased to be qualified to do so, and whereby be bad rendered himself liable to a fine of £SO, under sec. 23, of the Otago Corporations Ordinance, 1865. Mr. Brough appeared for complainant, Mr. Mandcrs for defendant. The defendant pleaded not guilty. Mr. Handers took an exception to tho suit, on the ground that a mbnths’ notice of action - as required by clause 37 of the empowering Act—bad not been given. The Bench over-ruled the objection. Mr. Goodgcr proved that he 1 a 1 been elected Mayor on the 21st July last, and made the prescribed declarations. That he had addressed a letter to the Mayor and Town Councillors of Cromwell on the 2nd of August last containing his resignation. That, from information received from the Town Clerk, he learned the letters had been opened at a mooting presided over by the defendant, and that a fresh election for the office of Mayor had taken place. Mr. Kelly deposed that ho was a Councillor, and was present at the meeting on the 2nd of August. That he saw a letter he had addressed to the Corporation taken out of an envelope, also one from Mr. Goodgcr. Cross-examined : Was quite sure the letters were taken out of envelopes, and not from a clip. The meeting was an adjourned o.io from tho fortnight previous, and was not held on the Ist of August, that day being Sunday. Mr. Handers raised anon-suit point, on tho ground that the meeting was legal by 11* th ssetinnof the Corporations Ordinance. After bearing evidence on both sides, the *-• nrt was cleared for eniunU.dmu. Upon r suvuing, the Bench said (hat the non-suit p nt bad been sustained” and that on reading the IBtu section as well as the 110 th no doubt existed that the meeting held on the 2nd of August was a legal one. Cost of Court to be pai! by complainant. Headland v, Dawkins.—Damage done by defendant’s pigs. Verdict for plaintiff for £i 55., without costs.

ELECTION OF RESIDENT SURGEON TO THE DUNSTAN DISTRICT HOSPITAL,

Tuesday, tlie 14tb inst, was again a busy day at Clyde, and we were reminded of the days long pastwhen such activity.and bustle were of every-day occurrence. Affairs now have somewhat sobered down, consequently any extra excitement is noticeable to a degree. The election of a Medical oflier to to the Hospital being of universal interest, voters were early afoot, and anxiously awaited the hour appointed for the polling to commence. Long before thalhourarrived, and for some time afterwards, those who were entitled to exercise the privilege of voting on the occasion kept pouring in from every quarterof tbedistrict, andby-4o’clock our little town presented a spectacle that was raal.lv enjoyable. Throughout the day (he best of humor was observed on either side and when the poll was declared, as was to he exnected, a little disappointment on the loser's side was experienced, but the defeat was taken with great stoicism. About a quarter of anbonr aftarthe poll was closed the Returning Officer, Vincent Pyke, Esq., read aloud the state ot the poll, as follows:-

Burrows ... 65 Shaw ... 56 Thomson .. 8 Votes objected to:— Shaw ... 8 The Returning Officer stated the votes objected to were paid for during the dav, therefore, as the-e was still a majority in favor of Doctor Burrows, he declared that gentleman elected. Doctor Shaw, who was present, in a neat and appropriate manner expressed hisregrrt at not being elected, andreturnedhis thanks to those who bad voted for him.