RESIDENT MAGISTRATE COURT.

Westport Times, Volume VII, Issue 1082, 20 June 1873, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, Juxe 17

(Before Joseph Giles. Esq., E.M.) BEEACII OP HABBOE BEGULATIOXS.

Harbor Master v. Whelan and two others. —Complaint, on the evidence of police constable Denis Maloney, that defendants had, on the 9th iust., removed certain " drift-wood " from the sea beach iu contravention of the Harbor regulations. Mr Shapter appeared for the defence. Constable Maloney gave evidonce as to seeing the defendants carrying the wood away from the beach between Dr Thorpe's house and the Buller river ; but no evidence was produced to show that any proclamation had been made to prevent such wood being removed. The Court, while agreeing with the opinion expressed by scientific authority that the removal of wood from the beach was detrimental to the safety of the town, said the Court could not help out the prosecution in supplying the necessary proofs which had not been produced. Mr Shapter called attention to the fact that there was no New Zealand Statute constituting the action of the defendants an indictable offence. The Court, without entering into the subject, dismissed the information by reason of lack of necessary evidence. CIVIIi CASES. William Mailer v. "Williams.—Claim for £l. The defendant did not appear. Plaintiff proved his claim, and judgment was given for full amount and costs 9s. Jules Simon v. Tom Mavis.—Claim for £2 7d. No appearauce of defendant. Judgment for full amount claimed and costs 21s. Same v. Freeman.—Claim for £1 12s 9d. G-oods sold and delivered. Defendant disputed the amount as being due by other parties. After hearing evidence, judgment was given for plaintiff in full amount claimed and costs 9s.

Myers and Solomon v. Rowlands and Mindermann. Mr Shapter for plaintiffs and Mr Eisher for defendants.—CJaim to recover rent due on a certain section of land in "Westport, and repayment of costs and charges incurred in defending action brought in the Nelson Resident Magistrates Court against the plaintiffs as original lessees.

Evidence taken in Nelson on behalf of the plaintiffs was read, showing that the judgment for £lO, Court fees £3 10s, and legal charges, £9 12s 2d, had been duly paid and satisfied. As evidence in defence Mr Fisher called Eobt. Whyte, who deposed, that, as partner in the firm of Whyte and Pirie, he had occupied promises mentioned in deed of lease and agreement produced, (Rowlands and Minderman to Whyte and Pirie). The ground leased had been situated at the corner of Molesworth and Gladstone streets, but had been washed away by action of the sea on the 23rd July last, about five months before the rent sued for had become due. The buildings were removed by witness, and sold at public auction on behalf of whom it might concern. Witness had previously paid rent, as it became due, to Robert Levien of Nelson, although holding under Rowlands and Mindermanu's assignment, Levien being agent for Josephs of Sydney, who was owner of the reversion of the property. The land in question was now, at high water, at ordinary neap tides, covered to a depth of at least ten feet. Witneis had held a vote in respect of the land, but the qualification had boen since objected to by the Registration

Officer, When Mr Commissioner Sharp bad allotted sections in Westport to parties who had lost land witness made application for a Bite, and in support of such claim produced for Mr Sharp's inspection, the deeds referring to the land in question. Mr Sharp would not entertain the application, but afterwards on another allotment of sections granted witness a site. This was granted to him as occupant of the particular section now in question, but was really given to witness as a tenant who had suffered loss from the destruction of the building and not for loss of the land. By Court: Solomon had originally built the store aud I purchased it. By Mr Shapten The sea came in at about 11 o'clock in the morning at high tide, and in the afternoon I Cleared out the greater portion of the goods and chattels. My intention of clearing ont on that particular day was • formed within a few hours. I held a beneficial interest in the building for a term of years. The land was originally let for building purposes-, and the buildings thereon Would have ultimately reverted to the "owner of the land. I bought the building at public auction just before it was pulled down, for £37'los. The fact of iny occupying the ground, and partly the fact of my holding the building for a Certain number of years, led to my receiving a section on allotment by Mr S'.iarpe. If the building had not been mine or I had no vested interest in it; I don't think Mr Sharpe would have entertained my claim as a mere tenant. The sea had overflown the land round about the section for eighteen months or two years previous to the section being submerged. By Mr Fisher: the depth of top soil taken off by the sea was some few feet. By Court: lam not aware that Myers and Solomon have applied for or received any compensation for loss of the ground in question. Richard Rowlands: I am joint assignee with C. Miiidermann of the land, and have paid rent to Levien as agent for original lessor. When the action against the present plaintiffs was brought in the Nelson Court I received a letter from them asking me to assist them by forwarding papers and documents in my possession. They made no demand, for rent prior to the action, nor gave notice that if I paid it,* such payment would save trouble and espense. They never, in fact, consulted me as to whether tbo action in the Nelson should go on or not.

By Mr Shapter: I was aware that the action was going on but took no interest in it. The letter produced directed to Messrs Acton and Kingdoms, was writtten by me after the judgment was given in the Nelson Court. That letter is a reply to a request that I would settle tho matter between myself and Miudermaun and Whytc and Firie. I wrote therein that I would not pay anything, but would dispute the claim from year to year. By Court: Before the case in the Nelson Court was hoard I was never consulted as to whether I agreed to the ease being defended, nor was my opinion asked in the matter. Counsel then entered into legal argument which lasted for several hours, and at its conclusion the Court reserved judgment. A digest of the chief points of argument and the decision of tho Court will hereafter appear.

WESTPOET WARDEN'S COURT

Tuesday, Juke 10. (Before J. Giles, Esq., Warden.) APPLICATIONS.

Agricultural lease.—J. B. M'Connell. Postponed for surveyor's report.

Baces. George Lamplough and Patrick Barry. Tail race from claim on Cement Lead, Waite's Pahikis, to O'Malley's Creek. 500 yards E. and W.S.W. Granted.

Tunnel. M'Donakl, Home, and O'Keefe. Quarter mile below the crossing, Shamrock Lead. 2500 feet E. and W. Granted.