CROMWELL.

Dunstan Times, Issue 720, 4 February 1876, Page 2

CROMWELL.

—o—(from ouk own correspondent.) The Information of Scott v. Mayor and Corporation of Cromwell for creating a public nuisance in Melmore Terraco, was again called on in the Resident Magistrate’s Court on Friday last. Mr Wilson for tho defence, took two preliminary objections—1. That there was noinformation legally before the Court, as Dr Corse, who took the same, was not on tho Commission of Justices of tho Peace for the Colony of Now Zealand. To this objection it was urged on behalf of the defendant (by the Bench) that as Dr Corse was, at tho time of taking the information, Coroner for the district, ho was, by virtue of his office, a Justice of tho Peace. Mr Wilson then submitted that tho Corporation wore not before the Court, as there was no such body, for the purpose of the information as the Mayor and Corporation of the city of Cromwell, and therefore there was no case. The Court was of opinion that the defendants were improperly described, and it was necessary they should be sued as gazetted. He would recommend tho defendant to withdraw tho information and he could then lay another one. The mere circumstance of withdrawing the charge did not prejudice its being brought forward again. Another old and respected resident has passed from our midst in the person of Mrs R. Kidd, who, after a protracted and painful illness, expired on Monday, the 24th instant, at St. Kilda, near Dunedin. Tho deceased lady was for a long time under the care of Dr Corse, of this town, and latterly, r Stirling, who, from the first, pronounced her sickness as next to fatal, but when life remained there was hope. Mrs Kidd was possessed of many Stirling qualities. In works of charity she even took an active part, and few of the hungry and distressed were allowed to go away empty. If it be true that the good deeds one does in this life will survive their memory, then assuredly will the subject of this obituary notice bo gratefully remembered by all sections of the community. A case of some importance was decided on Saturday last. Mr Buchan, of Bannockburn, filed a declaration of insolvency' of bankruptcy under the new Act, 1875. A meeting of creditors took place at which it was resolved that the estate should not be liquidated, which leaves the bankrupt in the same position as though he had not sought the protection of tho Court, and tho chairman, Mr Bennett, was directed to sue in the Resident Magistrate’s Court. Mr Simpson said he would have to dismiss the case as the action was prematurely brought. Section 12 to 10 gave the defendant tho right of appeal from the decision of tho creditors, and for so doing he was allowed fourteendays, which period had not elapsed, in fact, not even a week. The inferior Court was bound to exercise every care bofore attempting to interfeae with the functions of the District Court. The long-bottled ire of the Cromwell Argus has at length evaporated—the gas was too strong, and the cork flew. Its attack is peurile and effervescent. The learned editor has, in the language of a now re-elected member of the House of Representatives, devoted little time and care to “ moods and tenses.” Is its last sally tho forerunner—the harbinger tc speedy dissolution, and is the quasi Reporter (tho Argus not having a Reporter on its staff, and having to make up its account of meetings by r the assistance of others,) so grievously wronged and hurt as to pour out its wrath upon the proprietor of the Dunstan Times ? Does the fact of your journal always having a leading article, and tho local squib being uuabie to produce one, disturb the Editorial mind and sour tho temper? Is it now in a state of incubation? as it promises next week to supply a leader. Methinks too much learning has had an injurious effect, and that the head-piece is slightly cracked. During the past twelve months the Argus has been remarkable for its trimming. Independence it does not possess, nor is it, as at present conducted, likely to command increased circulation or support