SUPREME COURT.

Grey River Argus, Volume XII, Issue 1141, 25 March 1872, Page 2

SUPREME COURT.

A sitting of the Supreme Court, in Banco, was held, at Hokitika on Friday, when the special case of Henry Low was argued. Low had been convicted at the District Court, Greymouth, of the larceny of gold, the common property of himself and mates, but the Judge, entertaining a doubt as to the conviction being good in law, a special case was reserved for the opinion of the Supreme Court. On Friday, Mr South, for the Crown, supported the conviction, and Mr Guinness against it. Judgment was reserved, The appeal case of Groom v. Mackley was then taken.' The case came from the Resident Magistrate's Court, Ahaura. The appellant Groom had been sued in that Court by the respondent Mackley for the value of a horse, alleged to have been lost by the negligence of Groom when the horse was in his charge or bailment. It was contended before the Magistrate that there was no evidence of negligence, and that, considering the nature of the bail- J ment, the appellant could not be held liable, except for gross negligence. The Magistrate, however, gave judgment for Mackley, for Ll7 10s, and L 3 7s costs. Against that judgment Groom appealed, and a case having been drawn up and signed by the Magistrate (Mr Whitefoord), the questions were raised thereupon — " Whether on the fasts disclosed there is any evidence of neglect ; whether the decision of the Resident Magistrate was right in holding appellant liable to return the goods at all hazards ; and whether the judgment was right ?" ; Mr Staite argued in support pf the appeal, and Mr Guinness supported the decision of the Court below. Judgment was reserved. The Court was adjourned until Tuesday next, at nine o'clock, when the application of Edward Smethurst will be heard for an order declaring the, deed of arrangement, between himself and his creditora duly executed.