RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Grey River Argus, Volume XII, Issue 1311, 11 October 1872, Page 2

RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Thuksday, October 10. (Before W. H. Revell, Esq., R.M.) David Morris, for being drunk and disorderly, was fined ss, or 24 hours' imprisonment. Wm. Jones, for allowing a horse to wander on tho streets, was fined 63 and costs. Wm. Moutray, for a similar offence^ was fined 5s and costs. Augustus Hildebrand was charged with suspending the carcases of five sheep over the thoroughfare in Boundary street. Couitable M'Kenna stated that in August last, notice was given at defendant's shop to remove carcases from the front of defendant's shop. They were then removed; but on the Bth inst., he saw the offence repeated. It appeared that after the first notice was given, permission was granted by the Mayor for the defendant to hang the meat where it was ; but Inspector Hickson stated that the Mayor had no authority to grant any such permission. Mr Guinness, for the defendant, moved for a dismissal of the charge on. the ground that it had not been proved that the defendant personally hung the meat there. The Magistrate would not dismiss the case on such a ground. Mr Guinness then moved for a dismissal, as the place where the meat was hung was not a public thoroughfare as it was on the defendant's verandah, and it had not been proved where the western boundary of Boundary' street really was. He asked for an adjournment in order that a proper survey of the street could be made, and also because the summons had only been served the previous day. The case was adjourned for the Surveyor's report. Mrs Chase v. Mrs Kilner. — Thore were two informations between these parties, one for the wilful destruction of a dress and jacket, and another asking that the defendant should be bound over to keep the peace. There was also another crossaction, Kilner v. Chase, a charge of assault. It appeared that the parties had a case in Court on Tuesday, and as they happened to meet on or near the tramway on the road home, they being neighbors, words neither pleasant nor worthy of publication passed between them, a scuffle ensued, in which a silk dress and two jackets were very much damaged, and a baby, which Mrs Kilner was carrying, was thrown to the ground and severely bruised. Dilapidated garments were exhibited by both parties as the result of the scuffle, and the evidence given could not possibly be more contradictory. Only the first two cases were heard, the cross-action for assault being adjourned to Monday, and judgment in, the two first cases was postponed until the third case had been heard. CIVIL CASES. Penrose and Co. v. the Corporation of the Borough of Greymouth. — This was a claim of L 37 15s, balance of amount of contract for forming and metalling Putataki and Alexander streets, including a number of extras. The plaintiff Penrose gave his evidence at some length as to the details of the claim, after which on examination of the conditions of the contract it was found that one of the clauses imposed a penalty upon the contractor for bringing an action in Court without first submitting it to arbitration. As in the present case this had not been done, the plaintiffs were nonsuited. Felton Grimwade and Co. (Melbourne) v. A. R. Guinness. — A claim of 70 9s 6d, the amount of four dishonored, bills of exchange, with interest added. Mr Perkins appeared for the plaintiffs, and the defendant for himself. A number of points were raised in defence, the principal one of which was that the bills were obtained by fraud, and the defendant made an application for an adjournment, in order to have the evidence of a witness, Symms, taken by the Magistrate in Auckland. The evidence of the defendant was taken, and after a long legal argument, the Magistrate decided to withhold his depision until this (Friday) morning on the point- a3 tp whether he would grant the application for adjournment in order to take the witness's evidence in Auckland. The case was not closed, and until it is, we must withhold the detailed evidence.