RESIDENT MAGISTRATES COURTS.

Grey River Argus, Volume IX, Issue 725, 10 September 1870, Page 3

RESIDENT MAGISTRATES COURTS.

GREYMOUTH. Wednesday, September 8. (Before W. H. Revell Esq., R.M.,) lAKCENY. Henry Lavender was charged with Btealing a saw and two axes, the property of J. W. King. Mr Newton appeared for the defence. The defendant had been in complainant's employ. On Sunday he left his hut and when he returned he found the door broken open, and two saws, two axes, a forequarter of mutton, a bottle of curry, and a towfil abstracted. On Monday he found one saw in the bii3h, and later, tho T)ther one. He now identified the two axes shown him, as these missing from the hut. He owed the defendant 103 for wages, as he had been cutting firewood for him. Edward Lodge saw the defendant on Sunday carry a saw into the bush near King's house, and afterwards come from the house in the direction of the Herbert street bridge, with a bundle under his arm. He was so helplessly druuk that he fell down on the bridge. Constable Keating said he arrested the defendant for being drunk and disorderly. He afterwards spoke about the larceny, when' the' defendant said he had taken the axes, and he took the witness to the stump of an old tree where the axes were planted, within 15 yards from King's house. The defendant now said that King had been owing him money, and he removed the axes a few yards from the house in order to force payment. He had no felonious intent in keeping them. Emilius Nelson : Know the defendant and King were in partnership cutting wood, and he heard defendant asking King for his money. They had very hot words about it. Ho knew that previously the defendant had done the same thing when he was drunk, but confessed whenever he got sober. The Magistrate said there wa3 no plea for such conduct, as the defendant had a remedy to recover any money due to him. If men were to be allowed to break open doors whenever money was due to them there would be an end to all security. The defendant was sentenced to one months' imprisonment with hard labour. VABIODS OFFENCES. John Orr was charged with obstructing the footpath by allowing fonv kegs to remain thereon. Fined 10s and costs. Gerald Perotti was charged "with negligently allowing: the chimney of his hotel to take fire. Fined Ll. and costs. Emilius Nielson, of the Tivoli Hotel, was charged with keeping his house open on Sunday afternoon. Fined 10s and costs. James Cattle was charged with keeping open his licensed house after hours, and also With obstructing the police in the execution of their duty. A medical certificate wa3 put in that the defendant was nnable to appear, and the cases were adjourned for a week. Edwin Ashton was charged with keeping open his liceused house, Ash ton's Family Hotel, between the hours of 12 and 1 a.m. on Sunday. The defendant admitted the charge, and explained that some of his boarders were coming home from the theatre, and he had to let them in. This was the. first complaint against the house for the last four years. Fined 10s ard costs.

Margaret Scanlon was charged on the information of Mrs Callan with making use of obscene language on the public street within the hearing of the passersbye on Sunday evening. The charge was denied, but a witness heard some of the language complained of used. Defendant was fined L 5 or one month's imprisonment. Margaret Reily y. Mrs Smith. — Defendant was charged with making use of abusive and threatening language. The charge was denied, and as it was not proved, it was dismissed. CIVIL CASES. D. Maclean and Co. v. Michael Cassius. — This was a claim of L7B 10a 9d, as damages for the non-acceptance of a draft drawn by the plaintiffs on the defendant under an agreement for the supply of coals shipped from this port to Hokitika by the Glengarry. Donald Maclean, merchant, Greymouth, said : Last March I made an arrangement with Mr Cassius -.to supply the Glengarry with coal when it •came here, and draw on defendant for the and he would accept the bills. 'The agreement ft-as a general one for every itime the schooner came here. The drafts for seven cargoes were sent, and duly honored On the 16th August a draft was sent in the usual way foracargoof coal, expenses of tonnage, interest on draft, and exchange, in all L7B 103 9J. The draft was returned endorsed, "referred to drawers, M. C," in the defendant's handwriting. A large number of letters from the defendant bearing .upon the agreement were put in and proved. The cargo of coal was sent away in the usual way ; the endowed bill of lading was sent to Mr Cassius and retained by him. The tonnage, the price of the coal, and the labor on them were, paid for. (A number of letters were handed in.) The iu-st letter asked the plaintiff to consider the defendant the principal in the transaction and draw upon him for all expenses. The ( majority of the others referred to business details under the agreement. The one referring to the cargo in dispute said that, he could not render himself liable because the Glengarry left Hokitika without his knowledge, just when he was about to obtain some security from Mr Vernazoni for the amount of his current account, which was getting larger than he wished. The first thing he knew of the trip was the Glengarry anchoring in the Hokitika roadstead, and the next, that she had gone ashore on the spit. Consequently, he declined to accept the draft against this shipment, particularly when the plaintiffs had inserted on the bill of lading

s- 15a per ton for freight, instead of the c usual nominal rate and also interest r . during the currency of the bill, in cross1, examination, the plaintiff said he understood the agreement to bo that he wa.s to supply any quantity of coal that Captain Vernazoni ordered, aivl the drafts for them on the defendant would be honored. B The invoice for the cargo in question was drawn out, "Captain Ye .'nazoni, debtor to Maclean aud Co." enclosed in the draft, which was endorsed to Mr Cassius. George Garside, bookkeperto the plaintiff: I acted on the instructions given me by Mr Maclean and modified from time to time by My Ca3sins's letters. He understood that Mr Vernazoni always came hei'e on Mr Cassius's accredited agreement, and as such the cargoes of coal were snpplied to him. The reason why the interest was charged on the last draft because the terms upon which the coal was supplied was 16s per ton cost or interest »t two months, and the plaintiff had to protect himself against loss by charging the interest in the draft. The draft and invoice were sent to Mr Cassius and returned dishonored. I then wrote, holding him responsible, and stating that we would try the case in a Court of law, and adding that the idea of repudiation did not occur to the defendant until aftei the loss of the Glengarry, and his letter, although dated the 18th, was, the plaintiff was warranted in believing not written till the 19th, for it was not posted until that day, and then too late for the post. Captain Vernazoni proved l'oceiving the coal, and the wreck of his vessel on the Hokitika bar. Before leaving Hokitika on the trip he gave notice at Mr Cassius's office. Thirty tons of coal were saved from the wreck. Mr Newton moved for a nonsuit on the ground that there was no pr.oof of authority on the part of Captain Vevnazoni to receive the coal on behalf of the defendant ; that the agent had been changed when the principal was Known, and that interest had been charged in the bill, for which the defendant was not liable. Mr Perkins replied that by the defendant's own letter ho wroie, "consider me the prirc'.pal," and aMhough tha credit was sfiven in the plaintiff's books to Captain Vernazoni, only the defendant was really the person responsible. The Magistrate overruled the nonsuit points raised. Mr Newton opened the case for the defence, and called, Michael Cassius, commission agent, Hokitika, who said : I remember stating to plaintiff that occasionally I would authorise Captain Vernazoni to receive cargoes of coal, and I would be responsible, and I was to be drawn on at 60 days sight from the net price. There was no understanding as to interest. That agreement was never varied. I never implied/ directly or indirectly, that Vernazoni was to come and get cai'goes of coal whenever he thought proper. They were to be given on my special order. Vernazoni had no authority to go for the last cargo, and he afterwards admitted that he had no authority to go for the coal,, and said that Maclean knew it. I never "gave a general order to Maclean or Veraazoni. The coal was bought for and by Vernazoni, and he would get the profit on it if any. Cross-examined : I objected to pay the 13s per ton freight, because in all the other bills it was blank freight. I did not know the Glengarry was away on the last trip. My office is near the wharf. I did not notice her sailing in the W. C. Times. I do not know the difference between the Glengarry and the Great Britian. During Captain Vernazoni's absence I did not call on his wife and ask for money ; I do not believe my clerk did. I know when the Glengarry arrived in the roadstead. I got Maclean's letter the day the vessel went ashore. I returned the draft by return of post. I was to get 50s out of the transaction.

Counsel having addressed the Bench, judgment was reserved until Tuesday morning.

Hugh Miscamybell v. Glenn and Cleve, as trustees in the estate of Montray. This was a claim of L 35 93 6d, for wages for services rendered to Moutray. Mr Perkins, for plaintiff, argued this was a preferential claim on the estate under the Bankruptcy Act. Mr Guinness, for the defence, moved for a nonsuit, as the Court had. no jurisdiction, the claim ought to have been made to the Bankruptcy Court. The Magistrate granted the nonsuit, to allow the action to be brought in the District Court. • Morris Levy v. A. R. Guinness. — Claim of L 34 2s 4d, for goods supplied. The defendant admitted a number of items 'and paid into Court L 5 12 6d and costs. The principal items objected to were the time had expired two mouths ago,and for material used in building the defendant's office^ The plaintiff swore these goods were snpplied on three months credit; the time had expired two months ago, and application had been made for payment, and no answer had been received. The written notice asking for payment was produced. It was made on the same day as certain examinations took place in the District Court recently, in re Samuel Samuels, and payment was demanded before five o'clock that evening, otherwise legal proceedings would be taken for the recovery of the same. The defence was, that a distinct agreement was made for credit for six months when the, purchase was made, and the term had not yet expired. Mr Guinness swore positively that the terms were six months' credit. He could have got the iron from one of his own clients at three months, and took it from the plaintiff only for the extra terms. The first intimation he had from the plaintiff was the very insulting letter produced, which was pnt into his hand one day as he was returning from Court. Mr Cochrane was

present when Levy made his offer.— Oochnme was called, and stated that the period mentioned by Levy was six months^ credit, or longer, if necessary. Judgment for the amount paid into Court.