RESIDENT MAGISTRATE COURT.

Westport Times, Volume VII, Issue 1052, 7 March 1873, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, Maecii 5. (Before Joseph Griles. Esq., E.M.) ABUSIYE LANGUAGE. "W". N. Meredith v. James Arthurs Maguire and J. A. Ma°uire v. William Newton Meredith. Mr Fisher for W. N. Meredith. Charge and counter charge of using abusive language on the evening of the 21st ultimo. From the evidence of the plaiutiff in the first case, it appeared that the defendant had been annoyed at his brother having been taken in custody for disorderly conduct, and remonstrated with the plaiutiff for having, in his capacity as constable, used unnecessary violence in taking the said brother into custody, and more especially for putting a "twitch" on him instead of the handcuffs. Thereupon defendant had in Ly ttelton, street, spoken strongly against plaintiff, calling him opprobrious names. Several witnesses were called who gave corroborative evidence that the defendaut had called plaintiff a " liar a perjurer, and a slanderer," and declared that if he had been present neither tho plaintiff or six by

policemen should have taken his brother in custody. In the latter case, the plaintiff J. A. Maguire, alleged that the altercation had first arisen at the circus where he had remonstrated with Meredith for roughly treating'his brother, and that in reply Meredith had admitted that he had put the " twitch " on Harry, and that next time he would put it round his neck and round the neck of plaintiff also. The Court, after patiently listening to statements on either side, the reverse of edifying, dismissed both summonses, observing that they were most miserable cases, evidently raked out of the dirt, for some reason that had not come out in evidence. Both parties were adjudged to pay their own costs, CIVIL CASES. Wardrop and Brown v. Richard Gill. Mr Fisher for defendant— Claim for £l2 12s. This case had been adjourned from last sitting of the for production of documents, referring to transfer of right to a certain tramway alleged by defendant to have been made over to plaintiffs in lieu of payment of all demands. Plaintiff's statement was that the defendant owed them money, that he had asked from them assistance to extend a tramway, his property, and that they had provided him with labor and afterwards received from him, as security for previous debt and money expended, a transfer of the tramway which they were not to enforce as long as defendant showed fair average returns from the working of such tramway, and also paid them money on account. But the plaintiff had afterwards discontinued to work such tramway, and now repudiated the debt, contending that the transfer of the tramway had been in discharge of all claims. Counsel for the defendant pleaded that the transfer had vested all right to the tramway in the plaintiffs in this action, and that his client had theraby been debarred from dealing with the tramway or disposing of the same for the benefit ot the plaintiffs or other creditors. The Court deferred judgment until the following morning. F. A. Green v. E. Baker. Adjourned. William Harrison v. William Greenroyd,—Claim for £lO 14s 9d. Defendant had left the district, but plaintiff proved service of process at the last known place of abode of the defendant. The defendant did not appear, and judgment was given for full amount claimed and costs, 19s. The Court remarking that the provisions of the Act in this respect were ridiculous, inasmuch as the Act allowed the service of a summons by leaving it with any party residing in a house, the last known place of abode of a defendant, although such second individual might not have any persona' knowledge of the defendant or of his whereabouts, and yet the Act would uot permit service of process by nailing it to the door of such house, should it happen to be unoccupied after the defendant had left it. O'Conor v. McGregor and Campbell.—Adjourned for service of summons. W. Lavette v. Rhody Slattery.— Claim for £9 2s 9d. No appearance of defendant. Judgment for amount claimed and costs 13s. Graves and Fleming v. Elizabeth Burke. Claim for £Q. Judgment for plaintiffs in full amount claimed and costs. 8s John Corr v. Robert Stewart. Claim for £6 lis lid. Judgment confessed. In the caße Wardrop and Brown v. Gill, judgment was given for plaintiffs for amount claimed and costs 30s. Execution being stayed until the plaintiffs had obtained renewal of registration for tramway and transfer thereof to defendant. —i » WESTPORT WARDEN'S COURT. Tuesday, Mams 4. (Before J. Giles, Esq., Warden.) APPLICATIONS. Thomas Murray.—Head water race, 300 yards, previously abandoned by Ferris and party, in small tributary creek, south bank of Waimangaroa stream. Granted. William Harrison. Extension of tail race 300 feet by 35 feet, Giles Terrace, Orawaiti Creek. Granted. William Lennon. Washing site, Middle Lead, Waites Pahikis, claimed as being unoccupied for one calander month. Application refused on production by Hogan of present registration certificate No. 928. Robert Tronland and William Lennon.—Water dam 500 feet by 1,200 feet, Middle Lead, Waites Pahikis. Granted subject to no present right existing. William Harrison.—Re-registration of old dam abandonod by Rasmussen for four months, situated at Orawaiti Creek, Giles Terrace. Required for erection thereon of a flood machine. Granted.