CLYDE.

Tuapeka Times, Volume VIII, Issue 438, 27 February 1875, Page 2

CLYDE.

{From our own Correspondent.)

February 20th.

A case of considerable importance to owners of liighte pits was heard ia tha R.M.s Court on Thursday last.

F. C. Marie v. Eames.— Claim of £4 10s, for 42 bags of coals supplied to defendant. Mr. Johnson appeared for plaintiff, and Mr T. J. Wilson fop defendant. Plaintiff deposed to havingdelivered 42 bags of coals. On delivering the last 14 bags, defendant said he had weighed them, and there was only I7cwt., and refused to pay. It was the custom to give 14 bags for £1 10 a ; had never weighed the coals ; gave the same number of bags that others in the coal trade gave. Never knew coals to be weighed at the pit's mouth, or before sold. Two or three witnesses were called, and in the m<un, corroborated the evidence given by plaintiff. One said that parties had said he was giving short weight. He then threw in some large pieces, and squared the matter by going to the bar and having a " Yankee grab " for drinks. On the closing of plaintiffs case, Mr. Wilson conteuded that the case must fall to the ground, inasmuch as by the Weights and Measures Act, 186S, coals must be sold by weight and not by measure, or any other way, and any sale or contract otherwise — thau by weight was void. The Resident Magistrate said he was afraid the objection was fatal, but as it appeared that the line of defence had taken Mr. Johnson by surprise, he would adjourn the case till two o'clock to give him time to look up the Act. There was a doubt with respect to the proclaiming of districts, and the appointment of Inspectors. The Court then adjourned.

On resuming, Mr. Johnson said, that in the old Acfc mention was made that the Act should not come into operation till an Inspector was appointed ; however, the Act of 68 was silent in the matter, and he thought it was not applicable ; however, he would ask for a non-suit, which was granted on payment of costs.

In the cases of Marie v. Cox and Marie v. Kinnon a non-suit was accepted. Mr. Weldon, the Commissioner of Police, has been here on a tour of inspection.

In consequence of a report to the Police at Blacks, the Coroner, W. L. Simpson, • Esq., held an inquiry into the cause of the death of an infant belonging to Mr. Samuel Leisk, of Blacks. From the evidence, it appeared that Dr. Niven had stated he had strong reasons to believe that the child had been wilfully strangled by the nurse, a Mrs. MTntosh. Dr. Allen made a post-mortem examination, and the jury returned a verdict iv accordance with it, viz., that " Death resulted from natural causes," and added i rider to the following effect : " That the jury regrets that Dr. Niven should have brought such an unfounded charge against one of the witnesses, Mrs. M'lntosh, as was proved by his own evidence.'*

Mr. W. Grant, the contractor for tha bridge, has just returned from Dunedin, where he has been arranging for material for the construction of the bridge, He has already on the road about 20 tuns, and I am told he intends to push the work forward with the greatest despatch". From his well known energetic character there is great satisfaction expressed atbiq having the contract.