DISTRICT COURT.

Marlborough Daily Times, Volume II, Issue 144, 6 August 1880, Page 3

DISTRICT COURT.

Blenheim, Thursday, Aug. 5. (Before bis Honor Judge Broad, and a Jury of four persons.) MILLS BROS. V, ROYSE, STEAD & GO. For plaintiffs Mr Sinclair, for defendants MrConolly. The following juors were sworn—Messrs W. Basssett, R. Beatson, W. Birch, and W. Blick (foreman). This was an action to recover £SO, for damage for non-delivery of a cargo of Hour, and £SO special damage arising from the detention of the schooner Cora. Mr Ballard, telegraphist, Blenheim, produced original telegrams, which had passed between the parties, but Mr Conolly contended that it was necessary to prove the signatures. Mr Sinclair said he proposed to prove tiie signatures by compariscn of handwriting. J. S. Hickson, clerk of the Court, produced the warrant to defend, signed by Mr Royse, as agent for Royse, Stead and Co. C. H. Mills, merchant, Havelock, one of the plaintiffs, produced a letter, purporting to be signed by E-oyse, Stead and Co., of Dunedin.

His Honor said in this Court, stricter proof of handwriting was required. Jas. Cook, acting-manager of the National Bank, Blenheim, said to the best of his belief the signature to the documents produced was that of Mr Royse. His Honor said be would admit the documents, leaving it to the jury to say if they were satisfied as to the signatures. Mr Conolly said he -would withdraw his objection. O. H. Mills produced a letter and six telegrams from which it appeared that plaintiffs understood they bought on three months’ credit. The goods were not delivered and ultimately Messrs Brownlee and Co. of Havelock got them. The profits on the whole consignment would have been at least LSO. The reason they sent to Dunedin for these goods was because they could get them cheaper than elsewhere. Witness’ stock was low at this time and owing to the detention the firm was unable to supply customers. The cutter was detained six days at a cost of 30s a day, and the business of the firm suffered. The Union Bankas agents for Royse, Stead, and Co., said they would he satisfied with such acceptances as Mr Mawdesley, the agent of the Bank of New Zealand, was satisfied with. The firm tendered the name of Mr Dick hut before the transaction was completed the Bank handed over the hills of lading to Messrs Brownlee.

Alfred Mills, brother of iast witness, and a member of the same firm, stated that Mr Mawdesley called upon him and told him that he (Mr Mawdesley) had the bills of lading of goods by the Cora which he would handover for cash and not otherwise. They then telegraphed to Royse, Stead and Co., saving there must be some mistake, and they replied that the matter was in Mr Mawdesley’s hands. Plaintiff's would have made a profit of at least LSO on the goods, and there was no place in Havelock where they could have been obtained except at great extra cost. Plaintiffs had to disappoint several of their customers. The goods were ultimately carted from the vessel to Brownie i and Co’s and Smith and Sons.’

J. B. Dick, sawmiller, stated that on the 22nd July. 1879, he endorsed a memorandum on a telegram stating that he was willing to back Messrs Mills’ bill for LlO3. He°had an account at the Bank of New Zealand and had then at command LGOO cash and L3OO in other property. Mr Sinclair said this was the case for the plaintiffs. Mr Conolly submitted that there was no case to go to the jury. The plaintiffs were not entitled to the delivery of these goods simply by saying that that they were willing to tender an acceptance. As regarded the claim for special damages it was altogether too remote. The Court was of opinion that there was a case to go the jury. Mr Conolly asked the Court to direct the jury that plaintiffs had not made out any claim for special damages. The Court said there was a claim for loss of profits, but as regarded the special damage claimed for the detention of the cutter the damage was too remote, and he should so direct the jury. Mr Conolly then addressed the jury on the claim for LSO for non-delivery of the goods, contending that plaintiffs were not entitled to recover anything, but if the jury should be ageinst him in this, he submitted that a very much less amount than was claimed would be sufficient to meet the justice of the case. Mr Sinclair replied on behalf of plaintiffs arguing that they were fully entitled to the damages they sought to recover for loss of profits which they would have derived from the sale of these goods. His Honor summed up, and the jury after a short deliberation returned a verdict for plaintiffs with L4O damages, and costs amounting to about L 24. IN RE THE GOLDEN POINT COMPANY. His Honor intimated that any further proceedings in this matter would be taken here in preference to Nelson as being more convenient. The next meeting of the Company (which was virtually wound up) would be held on the 13th August instant. The Court then rose.

BOARD OF EDUCATION. Tuesday, Aug. 3rd. The Board met at 11 o’clock, and adjourned until noon. Present —Messrs Conolly, Ward, and Fell. The minutes of the previous meeting were read and confirmed. PROPOSED REDUCTION. The following telegi * add re ed to the Chairman, was laid bo‘o e the 1 '\..d : The House, of Repr c tatives has reduced the total Education v„teby L 32,000 this year, which is equal to a deduction from the total capitat’on grant of 10s per average attendance, v. 1 h the view that the some principles of economy should he applied to education as to other branches of the public service, Parliament has determined that ten percent, reduction shall he made on salaries, payments, and wages, throughout every branch of the public service. The Government assume that you ai d your Board will readily co-operate in giving full effect to the decision of Parliament in the matter, and will so readjust and reduce the expenditure of money entrusted to the Board as to meet the necessities of the case by making the reductions apply to every part cf the Board service. Sections S and 43 of the Act indicate the several purposes to which thestattory grant is applicable. I give you early intimation as no doubt your Boatd will consider it advisable to give immediate intimation to its officers and school committees of the necessary reductions, so as to prevent the incurring of further liabilities at former rates, until your Board has had time to make the necessary adjustments. Referring to the last paragraph of Departmental Circular No. 50, I must again press upon the Board the absolute necessity for positively refraining from incurring liabilities on school bni dings beyond what can he done by the money already in their possession or expressly authorised. Government will not be responsible for any other expenditure. Ihe reductions tdee place from Ist August. (Sd.) Wm. Rolleston.” Mr Fell moved that the matter stand over until the next meeting when a full attendance of the Board is expected.

CORRESPONDENCE, ETC. A circular was read from Mr Hislop point ing out the desirability of school teachers and other officers av tiling themselves of the advantages of the Government Life Assurance system, which is now extended to them as in the case of officers held directly by the Government, so that they are enabled to pay premiums by deductions from their monthly salaries. _ - Mr H'slop forwarded copies of Parliamentary papers relating to the Deaf and Dumb Institution at Sumner, Canterbury. A memorandum was read from Mr Hislop, stating (in reply to a query from the master of the Blenheim school) that the Act makes it quite clear that evening school attendances are not intended to he included in the average daily attendances entitling Boards to the capitation grant, and that other Boards have had their claims for evening school attendances disallowed. kaituna. A letter was read from Mr Lambert, Chairman of the Kaituna School Committee, recommending the appointment of Mr Taylor (if married), or Mr Beck, as master of the school. Subsequently the Committee wished to have Mr McLachlan, and the Board instructed the Secretary to write to him and ask if he would take this school with the prospect of promotion if opportunity offered. Mr McLachlan ranks B 1 and is a graduate of Trinity College, Dublin. He states that he is desirous of meeting with an engagement in Marlborough as his wife has friends in the district.

MARLBOROUGH TOWN. A deputation from Marlborough Town, for whom Mr Matthews was spokesman, waited on the Board, pointing out that a schoolmaster was required there instead of a mistress. There were some 12 pupils who would be taken away unle i a master was appointed as they were so for advanced as to be beyond the r stress’ teaching or control.

Mr Conolly said unfortunately there was only a bare //norum o the Board present, and the Government were pressing upon them the necessity of reductions. The average attendance at this school was 23 and it was a cost to the Board. The matter should be brought under the notice of the next meeting, when there would be a fuller attendance in all probability.

LEAVE OF ABSENCE. Leave of absence from this meeting was granted to Mr W. E. Dive.

architect’s report. Mr Douslin informed the Board that he had inspected the schoolmaster’s residence, Blenheim, and estimated the neeesary repairs at about L 9. He had also inspected the school in Ivaituna Valley three times during the last month. The cottage is nearly completed, and the schoolroom will be finished in about six weeks. The contractor has been delayed in consequence of severe illness in his family. The Board authorised the expenditure for the Blenheim school. PAYMENTS. The following accounts were passed for payment: —R. Jones (Havelock) contractor, L 75 ; J. Barton, Kaitqna, L 9 17s; Vennimore, Canvas Town, 15s ; W. Douslin, architect, L2 2s ; Fuirhall Committee, 12s Gd. Vouchers for payments to the Board as follows were notified :—Grants to Board, 851 attendances at Gs 3d—L2G5 18s 9d ; for Conunitees, 351 attendances at ' lOd—L3s 9s 2d ; Inspection, 1 month at L 125 per year—Llo Ss 4d ; Total, L3ll 16s 3d. The Board then adjourned.