RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1151, 19 September 1882, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

This Day. [Before M. Price, Esq., R.M.]

There were no criminal cases for hearing to-day. Civil Cases.

Buchanan v. Langtry.—Adjourned on application to 17th October next. Murray v. Kidd.—Claim £ll Is fid, for board and lodging. Judgment by default for full amount and costs of Court, £1 12s. The case of Hitchings v. Walsh and Anderson was next called on. This was a claim for v/ork and labor done.

Mr Kenny appeared for the defendants, and the plaintiff on being called on did not appear. The Clerk of the Court stated that the sum of £9 14s, which was inclusive of costs, had been paid into Court by the defendants. Mr Kenny said that he must, in the interests of his clients, apply for costs in this case, seeing that they had had no norice of the discontinuance of the action. The plaintiff was again called, and this time he appeared, and stated that the case had been settled out of Cou.-t, and that he was willing to accept the £9 14s tendered by the defendants. Mr McDougall was his solicitor, and had gone to the Court this morning for the purpose of drawing out the money. Mr Greenwood said that was perfectly correct, but as Mr McDougall had come to the office only a few minutes prior to the opening of the Court lie could not very well be attended to, so he went away. In reply to His Worship, Mr Greenwood said that the money had been paid iu yesterday morning. His Worsliip said he would wait for a short time if the plaintiff wished to fetch his solicitor.

The plaintiff said he would do so in a fev/ minutes. Mr M’Dougall came into Court with his client.

Mi’ Kenny then addressed His Worship and said that he would still contend that he was entitled, under the 48th section of the Resident Magistrate’s Court Act of 1867, to recover his costs, also that lie was entitled to do so on the universal practice pursued by the various Courts throughout the Colony. His Worship might see that the sum of £3 15s was in dispute between the parties, and that h p had not received the slightest intimaton from the other'side tlr-t the plaintif had rbandoned his action ufz; ie became aware that the £9 14s hrd been paid into Court. If he had received such a notice neither he nor his clients would have required to appear to-day. It was unreasonable to permit them to bring witnesses here and then that no costs should be allowed.

Mr McDougall then eaid in reply to Mr Kenny that it was not till five minutes before three yesterday afternoon that the defendants had given plaintiffs solicitoi in Gisborne notice of their having paid the money into Court, in satisfaction o* a part only of plaintiffs claim, and the law does not make it the plaintiffs duty to have had a messenger sent from Gisborne by his solicitor to his residence at Makaraka to enquire whether plaintiff would discontinue his action for the residue of bis claim. Had tho law made that the plaintiffs duty two messengers would have had to be paid for by him yesterday, one before noon, the other at three in the afternoon, for the defendants had paid their money into Court in two sums at different times, and had given different notices accordingly to plaintiff’s solicitor. But even if a messenger had been sent at three yesterday afternoon, and if plaintiff had not taken any time to consider whether he would discontinue, and if he had decided instantly to do so and if the messenger had returned immediately to Gisborne he would have arrived there too late to give notice of discontinuance to defendants’ solicitor yesterday. Notice even then could not have been given till this morning, which would have been useless to defendants. Mr Kenny briefly replied, and His Worship said he did not consider there was any clause in the Resident Magistrate’s Act which warranted him in allowing the defendants costs. The application would therefore be refused. The Court then adjourned.

Mr Martin D. Stagpoole, clerk to the R. M. Court at Tologa Bay, advertises that the next sitting of the Court will be held on Monday, the 23rd of October.

We notice that Mr W. Bailey announces that the well-known Bothwell—by Traitor out of Myrtle—will stand the coming season at the Murewai. Old New Zealanders will remember the grand dam of Bothwell—Mr Hargreaves’ mare Deception. The writer can remember the time when this handsome daughter of Yonng Plover’s was the speediest animal in New Zealand. The terms for Bothwell’s services are exceedingly low, and we are ceriain that this handsome bronzehued stallion will secure a number of mares.

We are glad to notice that our remarks a few evenings back have had a salutary effect, and that the obstructions in the shape of articles exposed for sale upon the footpath no longer impede one’s progress. Wilting this has called to our mind a remark made by a very old and esteemed magistrate. A man had been charged before him with stealing a coat, which had been hung up outside a store. The man pleaded guuty, and the magistrate, in addressing the prosecutor, said as nearly as we can remember, “You, sir, are not altogether blameless; you are fully well aware of the truth of the old saying, “ Opportunity makes the thief.” The chances are that had you not placed a temptation in this man’s way he would not now ba standing before me as a criminal. I would advise you and others to keep their wares within their stores. ” Let our storekeepers take the hint.

The malignant fever scare has evidently had some effect, as we heard a little boy caution his little inate this morning as fol. lows:—“ You had better not go near that Circus ring any longer, old man, or you are certain to catch the fever.” The mate took his comrade’s advice and steered clear of [the sawdust.

Messrs Croll and Ingle, of Eureka House, Gladstone Road, inform us that they have just received a first'dass assortment of forest tree seeds of every description. The seeds wo understand are of the best quality, and as this is the proper season for sowing, we would call the attention of the public to the fact. They are from the well-known nurseries of Sutton and Co., London, and no doubt will give satisfaction, a fair trial beixxg allowed them.

Mr R. Hill Fisher has taken out an auctioneer's license, and the faot is announced iu our advertising columns for general information.

The Gisborne Library, Literary, and Debating Class announce that a lecture entitled “ Alcohol,” will be delivered on Thursday evening next by tho Rev. J. Hill, Eight o’clock is the hour advertised, and as admission is free and alcohol much appreciated by the denizens of the Bay, there should be a large attendance.

Owners of horses are reminded that Messrs. Wyllie and Smith, and their assistants, start overland for Waikato shortly, and are prepared to drive >«an unlimited number. We have already mentioned the qualifications of these gentlemen, and it is therefore unnecessary to do more than express a wish that they will have a pleasant and sucVtsHful trip.