RESIDENT MAGISTRATE'S COURT,

Grey River Argus, Volume IX, Issue 658, 7 April 1870, Page 2

RESIDENT MAGISTRATE'S COURT,

o Tuesday, Apbil 5. (Before W. H. Revell, Esq., R.M.) NEGLECTING TO DELIVER MAILS. M'Beth, Postmaster v. W. J. Deare, master of the tug-steamer Dispatch. — This was an information laid under the Act of 1853 against the defendant, for neglecting to give timely notice of his departure to tender the s.s. Gothenburg, within six miles of the port of Greymouth, on the 31st March. Mr Perkins appeared for the prosecution, and Mr Newton for the defendant. Mr Perkins, in opening the case, said that, on Saturday morning last, the master of the Dispatch, when about to tender the Gothenburg, did not give timely notice to the Postmaster, so as to allow the mails to be prepared, and consequently they were left behind. On the afternoon of the 30th notice was given by the ageut of the ocean steamer that the tug would tender the following morning at nine o'clock. Next morning when the Postmaster went to make up the supplementary mail at ten minutes past eight o'clock, he saw the Dispatch outside tendering the Gothenburg, one hour before the time for which notice had been given ; it was consequently impossible to despatch mails by her. Much inconvenience had been caused to the public, and the present action had been brought" at the instance of the Go/ernment, and "not because the plaintiff had any animus against the defendant. When the tug returned from the roadstead, defendant was esked by the plaintiff why hehadgone without the mails, and was told that he had stated to him the prev'ous night that there were none. This he was prepared to prove was untrue. It was the captain's duty to see that the mails were properly delivered, because he himself received the money for carrying them over the bar. If the offence was admitted, he would only ask fcr a penalty of L 1 0; but if denied, he would go for the full penalty of LIOO. Mr Newton said that, if no evidence was called on the opposite side after he had made his admissions, he would not deny that no timely notice had been given, but there were certain facts in extenuation of the offence which he would plead, viz. — that it n-jver had been the practice of this port for the master of a tug to give notice of tendering an ocean steamer, but that the agent of the ocean steamer gave the notice. This was the first time that any notice had been required at his hands. There was some reason in this ; because, in the case of an ocean steamer being expected, the roaster of the tug frequently did not know within half-an-hour of the time he would be called upon to tender the boat. Under these circumstances, he thought that the smallest peualty should be inflicted. The Magistrate said that the case had better proceed, when Mr M'Beath, postmaster, was called, and he gave evidence precisely similar to the opening statement made by his counsel. In cross-examina-tion he said : — The notices generally are in writing, and signed by Mr Girdwood, as agent for the ocean steamers. They were not signed as agent for the tug. It was only lately that the Dispatoh had been tendering these vessels, hut she did tender the Panama Company's boats. He had never received any notice directly from the captain of the Dispatch, or from any person acting Btateclly for him, of his

ntention to tender an ocean steamer mtil after this case occurred. The only lotice given was that by the agent for the )cean steamers. Mr Gird wood did not tell him that the mail might leave a little sarlier ; he said nine o'clock, but it might be a little later. The Custom-house afficer generally asked the question if the mails were on board before leaving the wharf, and he believed it was asked in this instance. Edward Fielder,, Custom-house officer : On Saturday morning the Dispatch went out to tondcr the Gothenburg as near eight o'clock as possible. He asked Captain Deare and the mate if the mail was on board, and from both received the answer that there was no mail. He heard Dcare say it was strange there was no mail either out or in. There was no time on the sanie tide to go out again w th the mail. The reaion why the steamer went out at the hour it did was to prevent lying out for twelve hours. Captain Allardyce, harbor-master, was called, but refused to give evidence until he was peremptorily ordered to v kiss the book " by the Magistrate. He said it was high water on Saturday at half-past eight o'olock. He did not recollect when the Dispatch was back at the wharf. Mr Newton, in defence, said he had little further to add, as M 3 previous statement had been corroborated by the evidence of the Postmaster. The master of the tug had never been required to give notice previously, and he relied upon the custom of the port. Captain Deare had offended against the law, but he had done so unwittingly, and therefore he asked that only a nominal penalty should be inflicted, which, he thought, would meet all the requirements of the case and vindicate the law. The Magistrate said the offence had been admitted, and the evidence given had been in mitigation of the penalty. Whatever the -custom of the place might be, the Legislature had found it necessary to make provision that captains of tenders shall give timely notice to the Postmaster, and take the mails when there are any to take. The custom had been for the agent of the ocean steamer to give notice, but in future the Post Office authorities had better see that the law wa3 carried out, and insist upon the master of the tug gi\ ing proper notice and receiving a clearance before receiving a clearance at the Ciistotns. In the present case he would inflict the penalty of LlO and costs. He would say that the remarks of Mr Perkins as to the Postmaster having no animus against the defendant were quite unnecessary. The Post Office authorities and all officers of the Government had their duties to perform, and if they were supposed to have an animus because they performed their duty, the sooner they were ont of their offices the better. Government officers must do their duty, i otherwise they could not hold their posi- ! tions. CIVIL CASES. Badger v. Levinski. — Claim of LI 12s. Debt admitted ; but defendant pleaded that he had filed his schedule. Judgment for plaintiff with costs. D. Maclean and Co. , as trustee in the estate of Evans and Wright v. Greening, Cobden. — Claim of L 9 ss. Judgment by default, with costs. Mayor and Corporation of the Borough of Greymouth v. Captain Rae, of the schooner Rapid. — This was a claim for tonnage dues. On the application of Mr Guinness, this case was adjourned until Thursday (to-day), as it assumed more the aspect of a legal argument than ai> ordinary case. Brockley v. Taylor.— Claim of L 2 ss. LI was paid into Court, and a set-off pleaded for the balance. Judgment for amount claimed and costs. Coventry v. Levinski. — Claim of LIOO. Judgment confessed. Trustee in the estate of S. Egan v. H. Mongnilht.— Claim, of L 9 143 Bd. Judgment confessed. The following cases went by default :— Magoffin v. Murphy, L 493 6d ; E. Heillier v. West, L 7 ; Badger v. Brown, L 2 6s ; Hildebrand and Weber v. Murphy, L 6 3s 2d ; same v. Caldwell, L 4 03 6d.