RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 1006, 20 September 1872, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, September 17. (Before J. Giles, Esq., P.M.) ASSAULT. Bernard Cunningham was charged with violently assaulting T. J. Jones in Palmerston street on the 9th inst. Mr Pisher appeared for the complainant. The charge made was that complainant and two other men drove some cattle along Palmerston street, and that Cunningham attempted to forcibly drive them off, and also struck the complainant a violent blow on the face, and that men in the employ of the accused had also sent the cattle off the road into the bush, and otherwise molested tho complainant. Several witnesses were called on either side, and as usual their evidence was contradictory. The bare facts as elicited seemed to be that tho complainant and two others had crossed cattle over the river froui the Addisons road, and wished to take them along the river bank towards town, that finding the drains cut on the new township site obstructing their free passage, they had driven the cattle first along Rintoul street, and that there the accused, the road contractor, had met them and raised an objection to their travelling on the new formed roadway, without first asking permission, that the cattle were then turned into the bush, but on crossing to Wakefield street were again driven on the roadway, whereupon Cunningham ran down and tried to drive them off, that violent language passed between him and the complainant, that they struggled together and Jones received a black eye. The evidence as to the exact manner in which this blow was given was not very clear. One witness swore that tho blow was struck while Jones was off his guard, another said they were wrestling together and complainant seemed to bump his head against the accused. The balance of evideuce being in favor of tho first pica, treated the case as of a trifling nature in other respects, and fined Cunningham 10s with costs

of Court. Counsel's fees were disallowed. CIVIL CASES. AV. Struthors v. Thomas Keenan.— Claim for £5 15s 9d, goods Bold and delivered. No appearauce of defendant. Judgment given for amount claimed and costs, 13s. W. Carpenter v. C. Siberley.— Adjourned for service of summons. Same v. McDermid.—Claim for £1 16s Gd, goods sold and delivered. No appearance of defendant. Judg- ' ment for amount claimed and costs. Bernard Cunningham v. T. J. Jones. —The parties were absent on calling of case. Struck out. Charles Bray v. Wm. Morris.— Claim for £57 18s, balance due for work on sub contract on the Inangahua Road, Defendant had at request of plaintiff given him an order for payment on the Provincial Engineer, but which order was afterwards found to be useless, Plaintiff now sought to recover the amount. Defendant pleaded that the order had been given on the plaintiff's statement that he could get it cashed, and that had such order not been given, plaintiff by his own implied consent would have waited for settlement of his account until the whole contract was completed and the " final payments" thereon made by the Government. This the plaintiff denied, and the case was adjourned for a week for the production of original agreement signed by the parties.

publicans' licences. On Wednesday the ISth, licences were granted to the following applicants : —John Grilrner, George Clark, Eobert MeFarlane, Catherine O'Grady, Henry Stannard, and J. H. Cox.

o WESTPOPIT WARDEN'S COURT.

(Before J. Giles, Esq., Warden.) Tuesday, September 17. applications. Wm. Ryan: for renewal of protection for tail race.—Granted. J. C. Reid and party : protection for head race on Caroline Terrace.— Granted, subject to grant formerly made to Buller Cement Company lapsing at end of current month, Francis Horn: site for washing tailings, 120 feet, head of German Creek. Granted. Charles Beale: special sito at Dcadman's Creek for ilood machine. Granted. Wm. Ryan : renewal of protection for dam. Granted. J, C. lieid: protection for dam on Piilrihin, near Caroline Terrace. Granted.

James Brewer and others v. AV. C. Graham. Application for decree granting dissolution of patnership, and that the partnership property should be sold and the sums respectively due to the respective members thereof ascertained ind paid. Mr Fisher appeared for applicant and claimed that the decree should be- granted under section G-">, of the Gold fields Act, 18(5G. The evidence of Brewer having been heard and his cross-examination by Graham, the Court ruled that the section of the Act quoted referred to matters of account and not to mere personal disputes, for which the parties might find a remedy among themselves, and that it had not been shewn that any offer had been made to purchase the interest of Graham, until after the commencement of proceedings to force a dissolution of partnership. Case dismissed.