RESIDENT MAGISTRATE'S COURT AHAURA.

Grey River Argus, Volume XII, Issue 1208, 12 June 1872, Page 2

RESIDENT MAGISTRATE'S COURT AHAURA.

Monday, June 10. - ;r - r , (Before C. Whitefoord, Esq., R.^.) CIVIL 'CASES. " Mackley v. Groom,— An action, to recover L 25, the value of a horse, the property of the plaintiff, and lost while the defendant was supposed to be responsible for it. This was a rehearing .ordered by Judge Richmond at the last sitting of the Supreme Court at Hokitika, when the case came before that Court on appeal from the Resident Magistrate's Court at Ahaura;; Mr Staite, for the defendant, applied for an adjournment. Several important witnesses had been subpoenaed, and one who could give material evidence had not been served with the Buramons. In proof of this a memorandum from the Bailiff of the Court was put : in; stating that officer's inability to serve the subpoena, The witness lived at the upper part of Moonlight Creek; and' owing to the flood ed state ; of the' creeks it was found impossible to communicate with him. Mr Staite also applied that the adjourned hearing might take place at Cobden instead of Ahaura. Re made the request because the Court might, like to obtain the assistance of another Magistrate in deciding the case which, although comparatively trivial in the origin, had assumed an unexpected importance and become of great interest to, the* parties concerned." Mr Guinness, for the plaintiff, objected to the adjournment in the first place, and most decidedly to the re* moval of the hearing of the case to Cobden. The witnesses of his "ch'enCvOTß brought here at. great^ expense^ and 'H. would be unfair to the plaintiff to put him to the inconvenience of coming before the Court again. The application for the removal to Cobden was almost a contempt of the Court, because it was an insinuation by implication, that because his Worship had tried the case in the first instance he would not be likely to give an impartial decision now. Mr Staite disclaimed any such intention; and indignantly repudiated, the construction attempted to be put upon his words. His Worship was satisfied Mr Staite did-nofc intend by his motion to cast reflections on the Court. .For himself He would be glad, under the peculiar circumstances, to be able to obtain, the assistance o£;one ' of his brother Magistrates in hearing the case. Mr Guinness doubted if his Worship had the power to allow another Magistrate to try the case. The Judge sent>the case to be re-heard by his Worship, and he would have to try it. The Magistrate disagreed with Mr Guinness, and read the Judge's order, through the Registrar of the Supreme Court, directing the case to be remitted to the Resident Magistrate's Court, and to be re-heard, with special reference to the question as to whether the defendant had exercised ordinary caution^ or been guilty of gross nisjli* gence? having, due regard to the circumstances of the case and the, custom of the country. The case would be adjourned for one week, and as the question of, the changing the place of hearing was more a matter of arrangement, no order would be made. The defendant to pay the costs of the adjournment, amounting to L2 l7si' W. J. Shaw v.Anthony Mann.— -AclSiin. of L 35 3s, being part purchase money for a share in the Band of Hope claim at Half-Ounce. The original agreement for the purchase of the share by. the defendant for LBO was put in, but Mr Staite, for the defendant, • objected* that it was insufficiently stamped. A l.Qng argument took place as to whether the document was of such a nature as to require staniping. The Court decided that it was, and was not only insufficiently stamped, but it. was also improperly stamped. It ap» peared the impressed stamp, from a sheet of stamped paper, was cutout, and stuck on to the document on which the agreement was written. The plaintiff had subjected himself to a penalty of L 5, and after -argument he was nonsuited. Hr Guinness for the plaintiff, Mr Staite for the defendant. .W. J; Shaw, v; Alex. Marr.-^A claim of L2 los for goods sold to a miner named Sweetman, for whomj it was alleged, the defendant became guarantee. Sweetman was working in the Long Drive claim, at Half-vOunce, and as his creditors were pressing him, , he offered to give up jus share to them. According to the evidence of the plaintiff the defendant 7 became the purchaser of Sweetman'a share, and he

agreed to pay that person's liabilities. He did bo in the case of several otter creditors, and the defendant, in the presence of Sweetman and tbe witness, guaranteed the amount sued for. The defence was that the debt was to be paid " when it came out of the ground." The Magistrate said Marr had made himself liable, and gave judgment for the amount claimed with costs. Birrill v. Kittelty and Williams.— 4 claim of L 3 10s for rent .of water at Oallagban Creek. Judgment for the amount claimed, less the amount paid into Court, with 14s expenses and cost of Court. Catherine Pothan applied for a publican's license for the Junction Hoiel, near Ahanra. The police withdrew an objec- 1 tion they previously made against the application, which was then granted. The Court was adjourned to the 17th June.