GREY MAGISTRATE’S COURT.

Greymouth Evening Star, Volume XXXI, 8 October 1901, Page 2

GREY MAGISTRATE’S COURT.

Monday Afternoon,

(Before R. S. Hawkins, Esq., S.M.)

CIVIL CA.SE. Dispatch Foundry v. J. Delaney. Claim for £l2 12s 7d for his share of rent of boring rods. Mr Wake for plaintiff and Mr Joyce for defendant. This was an action in -connection with prospecting the R. J. Seddon claim near Twelve Mile (Grey Valley). It appears that Delaney was a shareholder in a syndicate of whom Mr Tymons was secretary. At a meeting of shareholders Griffiths who is also a shareholder offered to bore the claim, at the same time stating that he* had just finished boring at Blackwater with M’Queen’s rods and would leave them at the Twelve Mile, Boring operations wore subsequently commenced, but the rods were not long enough, and some were obtained from the Foundry. The boring rods were pulled at 71 feet; half being lost. Delaney in his evidence denied giving Griffiths authority to go to the Foundry for m sre rods. He had paid £26.10 into the syndicate. Mr Joyce raised the point whether the Magistrate had jurisdiction in the matter, the goods being lor a mining purpose and should, therefore have been sued for in the Warden’s Court. Mr Wake argued to the opposite. The Magistrate held that he had jurisdiction and gave judgement for plaintiff with costs. BBBACH OF RAILWAY BYE LAWS, J. Malloy for boarding a train while in motion was fined 1/- atd 9/-. 1 BREACH OF LICENSING ACT. A. Young was charged with a breach of the Licensing Act. Mr Hannan, who appeared for defendant, pleaded “Guilty." The Magistrate inflicted a fine of £l, and. Court costs 18?, but would not allow witnesses expenses, defendant having informed the Police that he intended to plead “guilty." ■ Tuesday, October Bih. A KNOTTY FOINT. A- G. Hughes v. D. Sheedy, Claim for £SO damages for alleged illegal distress warrant and sale of tools. Mr Joyce for plaintifi and Mr Hannan for defendant. For the defence Mr Hannan called A. G, Hughes the plaintiff, who stated that he valued his personal property at a very small amount, besides it was not his property but his wife’s. There was bailment over the furniture. By Mr Joyce—Uddstrom told him that he would not close on him. His wife had been ill for seven weeks.

D. Sheedy in evidence said he made the arrangements for letting the property, Through former experience he made a condition that Hughes should pay a month’s rent in advance. Hughes told him that he was in partnership. Subsequently Hughes stated that they had disolved. Hughes owned Lindsay £l4O and paid £SO off. Hughes said : there is five times as much worth of stock as your rent is.” Hughes said he would see Lindsay and try and reduce it soon. Went to Hughes three weeks aiter and he said he could not pay. Witness told him that if he did not pay he would have to put the bailiff in. Hughes said to please himself. After a while witness issued a distress warrant. Went to premises when bailiff was in; Hughes was On the morning of the sale he had an interview with the auctioneer and Hughes. _ Hughes made no objection to nil the articles be* ing put up as a whole. Corcoran was staying at witnesses house and went to the sale. Corco.-an made the only bid, which was for £ls. Witness had no interest in the articles bought. Saw Hughes later. He wanted to buy the articles back, Said he had nothing to do, with the articles, but would telegraph to Corcoran and see if ho would sell them back at cost price. So far he had received no reply.

By Mr Joyce—Hughes told him that he had a lion for £l5O on account of goods and had paid Lindsay £SO off- Remember Dr M’Brearthy being at the sale. Told him that they were all going as a whole. Arrangements had been made to sell the goods as a whole before the conversation with Mcßreaty. Reynolds wanted to buy, but witness told him that the goods did not belong to him but to Corcoran who was at Wanganui. Saw Coates and told him that if he wrote to Corcoran be might take £‘2s for them. Told Coates £lO would not settle it as he had spent £25 in legal expenses, bailiff and rent. Corcoran and witness went to the sale together. Corcoran was a speculating man. Before he put the bailiff in ho heard that Hughes was going to remove the goods Put the bailiff in the same day as he told Hughes. The bailiff told him that things had been removed. The Magistrate deferred judgment till Thursday.