AHAURA.

Grey River Argus, Volume IX, Issue 717, 23 August 1870, Page 4

AHAURA.

"\\"- ' Tktißsi>AY, ' August 18/ 'Caleb^Whitefoord, Esq.' R.M.) William Jones was charged with being drunk and disorderly^ and was fined 10s. E. Bourkg • was , chMTged with .being drunk "arid disorderly,^ and 'using obscene language ', *at .Napoleorivon ;> t'h» if^Bth inst. Sergeant Jeffries, proved, jkhe offence. De - feridant did not appear bh her bail, and ■was fined*- 10s -fof beHngfdfunk^ arid 60s for using theJ^nguago complained of. Mr Franklyn for defendant. MTMaateis 1 v. 1 Muir,"'"for. using abusive andfthreatening language.- The. prosecutor, did not appear. The charge was dismissed with costs of Court against defendant, arid L 3 3s expenses. Mr Guinness for. defendant. '. ■.'"'. . Prendergast v. ' Ryan, ? ' l for ; struck- out. • ■ : ' CIVIIi CASES. ;: ■/ John Reid v. Thos. Costello and Arthur ; Devery. — A claim for Lll, for beef sup : plied to defendants, at Napoleon, by plaintiff, a; squatter. Defendant Devery didj not' appear.* Costello paid L 6 7s'into Go ; urfc^as" ; his'part of the liability. Judgmerit for' the balance, L4 l3s arid costs of i Court, •?.-. „-,: .-.* ... ;.-.-.'. . Henry Wilson v. John Black.-rClaim toirecoveiothfi.ainpuflt of ,an,IQU for L 22 2s 6d.«'' Judgment 'for; the amountj less I&j p^id. ,gn ', tuJcount. Mr Davies for. plaintiff. ;?:.;•/!:. James MXaughlin v. James Byrng.-^-Atf ' action to recover L - 12s "Bd, for gftoda,sold and delivered and cash lent to plaintiff arid Xis ■ ' w.J| ei 'i There was 1 a' crbssactioq 'fprili66, 9sfXbjr, defendant against plaintiff, and both cases were taken togegetheu. In the cross-action theye was one lteirj of L3O, cash alleged to have been' : lent ; Iby 'the late Mr ' John Byrne (defendant's brother) to plaintiff. . The balance was f or ! board and lodging, cash • lent, and refreshments, and for L 2 cash deceived by plaintiff on defendant's account. There was an item of 30s, cash paid to : a solicitor by plaintiff, at de-' fendant's request. Mrs Byrne admitted the amount was paid, -but not at her request.> There was also an item in Byrne' b bill of particulars of L 5, but it did riot appear on the books. ' After hearing; a considerable amount of evidence, the Magistrate said 'that in dealing, with: accounts extending over such a long period of 'time;' without' any balance being struck, if an injustice 1 were unintentionally dqfae to" either party' by 'the .Court tije parties were themselves to "blame. Hia Worship' then.^Eent thr.prig^.MfLaiighiin's • account, and struck out certain items, and made deduction f orb vercharge to a tariflißg an^qunt, ; .and said the claim would be admitted as. amended; The defendant's books* which, his Worship , said were kept ill' a » very creditable.; manner, were then. gone through and compajpd; with the particulars of demkri'di TheX^O 1 alleged to have been lenti.by defendant's late brother 'tb-plaintiff was struck, out, as it did not appear in theiibooks- either at DuffefeiSully or at the'Ahaura, the Bench ruling the Tnaii^sabilify of ordering the payment of siich large sums on mere hearsay evidence.' The ;L5 giyen to' plaintiff byM^s Byrne would alfco be s^uck out. Plaintiff did riot deny receiving it ; but the Bench would take it as stated;, that. it was used on Mrs Byrne's business ai Greymouth. The • two pounds collected at Napoleon would be allowed. Byrne's account as, it stood on the books would be admitted ,flesa- the amount of M'Laugblin'd verdict.. After the books on both sides had .bjEsen. again' examined j the following judgment was giyeri. : . M'Laughftn ytsf to rece|y^li24.':lQsi B^. .ajid,.^ JEfyrrie wouhl receive 1125 9s '4d^ ea^cli-. patty- to. pay- their.. own/cjssjts in the present action, .and the :: cos^s ofthe adjoiirnmept from Napoleon;; at .which, place the case was brought on firsjr, would have, to be^bbrrie by^yrne. The' 'balance 6f the money deposited in Court by Mr Byrne to abide the re's < c(lt ; bf the' action (LSO) would'" be returned to' himl Mr Franklyn appeared for Mr M^ughliri, MrDrujry for M^Byfrie. Murison v. Reid" arid' Hayderi.-^-TlnV was ari^interpleader case. 'Tfie bailiff had 1 seized- a hortse and 'shop in the Ahaura towriship-aud a- horse iri tlatMifactioti of a jndgffie^bbtained b^ Mtfristfii agaMt Charles "Warwick, his former partner.; Defendants respectively laid claim to the property, by virtue of absolute purchase. Mr Davies* appeared for the judgment creditor and Mr Guinness for the defen-

dants, aud also to'giye notice to the Court ■on behalf 'orVihe Provisional Trustee in Bankruptcy that "Warwick had declared himself insolvent, and he moved for a dismissal on the ground that the Court had"flß>: jupisdtbtioiir Mr Davies enquired of Bifr'Guinriess for whom he did really appear, because if .he claimed the property for defendants the trnstee would have no locus standi at present, and if he claimed for the trustee the defendants would have no right, as the property would still be supposed to be vested in the insolvent. After some argument the Gazette notice of Warwick's bankruptcy was put in, and the Coiirt ordered th"c bailiff to withdraw ; the i contending parties would have to fight the ' matter out elsewhere. Davies v. M'Ginlay.— -This was also an interpleader action to recover certain monies in the hands of the Clerk of the Court; \ The bailiff had ; seized two bullocks at the Lyellj in- the Btiller district, "and sold them to satisfy a judgment obtained by E. B. Fox against John Dougherty. M'Ginlay claimed the bullocks by virtue of- purchase from Dougherty six months before the date of the seizure, and he said he gave the bailiff notice not to sellthe property, and offered to deposit LIOO <m any respectable parties hands to stay the sale until he could satisfy the bailiff that the cattle were his. This the bailiff denied ; he said he offered to give M'Ginlay the bullocks if he would pay the amount of the judgment and costs, or he i would stay the sale if defendant would deposit, security in his hands, but defendant refused to trust him. He proceeded ■with the, sate, and after deducting certain expenses he paid the balance in the hands :of the Clerk of the Court. He said, the defendant and his friends tried to intimidate hint at the; sale, and in consequence of their conduct nobody would bid for the^cattthy but .themselves, and the property was, sacrificed. Defendant produced a. receipt -for the cattle from Dougherty, who took the price of them out in sheep. It was contended that the sale was a sham, and witnesses were called to prove that the cattle were known as Dougherty'sproperty all up the Buller and Inangahua Rivers. The case occupied the attention of the Court for a considerable time, and eventually the Court made an order that the money in the clerk's hands should be paid.to thp judgment creditor. Mr Davies for the' judgment creditor, Mr Guinness for the defence. Franklyn (in the estate of S. Walford) v. Baptiste Benottii-r-A fraud summons. Judgment was obtained last Court day at Napoleon. Defendant -was examined as to his ability to pay. Amount to be paid in three days or fourteen days' imprisonment. : Margaret Oailin. v. Michael Ryan. — A claim for L 3 3s, cash and board at Napoleon. Defendant said he never received a halfpenny from plaintiff, except 25s for working for her as a carpenter. Plaintiff swore distinctly that the money was still owing to her. James Sutherland corroborated her evidence. Judgment for the amount claimed, less 25s paid into Court, and costs. Joseph Davis v. John Monk.— For Lls cash lent. No of defendant. "Judgment for amount and costs. ; A. R.GuinnesslY; Margaret Catlin.— A claim for L 3 33 for professional services. Mr Prury proved the debt. Defendant said the money was paid. Judgment for amount and costs. . , -•■'. ' Lardiv. Constanfcine.-^A claim of LBl 17s ; 9d for farm produce, horse feed, &c. No appearance of plaintiff. Mr Guinness for defendant, applied that the case be struck out. This was objected to by Mr • Davies for plaintiff, who said it was impossible for him to be in attendance, as he was over the ; Saddle. Mr. Guinness then applied for si nonsuit on the' ground of short service of the summons. The application w ! as refused, and the case was adjqurned to next Courts day, plaintiff to' p'siy* cqsts i»f aajournmentj with two guineas, professional costs. . Mr Davies for plaintiff, Mr Guinness for defendant. M'Laughlin v. Mackley. — A claim for tolls on the track from Nobles to Napoleojp. -This case was adjourned from Napoleon", .so that the Court could have access to the records. The Gazette authorising Mr M'Laughlin to charge tolls was produced, and, after argument, the tolls charged for, up to 23rd March were allowed. Mr F.ranklyn for plaintiff ; Mr Drury for defendant."" " Thomas JParry v. Maggie Dawson.— A claim for Lfcl2s, for horse hire arid cash lent. Judgment for the amount with costs, and 10s expenses. Young and Marshall v. M'Mahon. — A claim of Ll2 3s 6d, for bread supplied at Brandy Jack's. Judgment by default for the amount, with costs. \ Same v.- Patrick Maho.ny.— Claim, for XS 16s 6d.* ? ftifagtaent -for amount and costs. ■' •••'«■- D. M'Kenna v. A. Deane. — A claim of L 4 103, for goods supplied at Napoleon. No appearance of defendant. Judgment by default for amount claimed, and costs. Same y. James Simrrionds, jGrepnouth. A claim for L 2. IQ^whi^arosfr as:;follows,: — The defendant-- sued plain tiff at Cobd^C^viodsTy for L 5 4s, and obtained fa/.yerdicv-for the ambnnt, with 8s costs. Plaintiff had a set-off for L 2 against Simmonds, which he did not file. Plaintiff forwarded L 3 12s and a receipt for the.L2 to Simmonds, at Gieymouth, in satisfaction i. of itHis "judgment^; but Simmonds' solicitor subsequently issued a distress warrant for the L 2, which plaintiff was obliged to satisfy to stay further proceedings.- Ifc was to recover'this sum and the costs that lie now brought this action.— Alexander Constantihe proved paying the L 3 12s to defendant at Greymouth, and also, to . explaining to him the contra ac-count.-^Tne Bench held that defendant should have' filed the set-off in the first action, or had a receipt in full from defendant when Constantino paid the money. .A? it was, he could only give a judgment, for the amount paid into Court— L2. Mr Guinness, fpr defendant, applied for costs. Applioatiqlf refused. •'••>'. -i Davies v. Clear.— An interpleader case. The 1 bailiff .took. possession of a share in a clajjin, fn^,k^ at,^allaghan'B Creek, in saitisfaction ofe'a judgment obtained by; plaintiff (in the estate of Hayden and Rfcnkin) against H. G. M'Kinnon. The share was claimed by Thomas Clear, the surviving partner of the firm of Daniel Brosnan and Co., on the ground that' it' was held by. that firm as security for a ■debt,jarid t that virtually; it "did not belong to M-'Kihnori^Patricfe Sweeney, clerk to? the BlirdenXCotfrt, Oamptown) produced the registration-book there, and the share appeared on £he register as^ belonging to Thomis Clear, who^swore that he h,aa not effected V frarr_fe# t ajriT* also pVoyed'ihis title to the book" debts and securities of Daniel Brosnan and Co.— The Magistrate ...

said he could not ignore the certificate, and ordered the bailiff to withdraw, with costs. Petitioner in person ;Mr "Drury for the defendant. Healy y. Lixton. — An action for breach of agreement. Damages were laid at L3O. Plaintiff rented a water-right from defendant at Sullivan Creek, Ahaura, under an agreement which was put in. Defendant subsequently sold the right to the water over plaintiff's head, thereby rendering his mining claim valueless and throwing him out of employment. Evidence was taken as tothemount of damages sustained by plaintiff. Defendant said the terms of the agreement were that he (defendant) could sell the water-right at any time, provided he gave plaintiff the first right to purchase it. This he alleged he had done. He offered the share to Healy; but he refused to purchase it, and he then sold it to. Michael Maher. The Court assessed the damages at LlO, and gave plaintiff a verdict for that amount, with.cbsts. Mr Davies appeared for the plaintiff. r Levy v. Bourke ; . — Claim for Lll Bs. Adjourn'fed to- next' Court day. •' Bannon and Campbell v. Geo. Freeman. —A fraud summons for L 6 ss. Judgment for amount to be paid forthwith. James F. Johnston v. George Turner. — A claim of L 24 for goods supplied at Antonio's Flat. Judgment by default for amount claimed and costs. ; The following were enlarged :—Pinkerton v. Hamer, L 2 4s ; same y. Firth, Lsl7s. Several applications were .made, and the Court adjourned at 9 p.m. to Thursday, Bth September.