Permanent link to this item
RESIDENT MAGISTRATE'S COURTS., Ashburton Guardian, Volume 1, Issue 46, 10 January 1880
RESIDENT MAGISTRATE'S COURTS.
ASHBURTOH —Tuesday, Jan. G, VACUIANCY. Henry Hamlin was charged with vagrancy, inasmuch as ho being blind, and without means of support, had deserted the Old Men’s Homo, and used abusive language to the inmates. He was sent to gaol for one month, saying there was no humanity at all in the colony. URBACH OE THE PEACE. John O’Connor and Dennis Kelly were charged with committing a breach of the peace. Kelly failed to appear, and his mate denied the charge. n T. H. Zouoli saw O’Connor and Kelly fighting in a gully close to Jhe Ashburton saleyards. .Kelly knocked
O’Connor down, and smashed In's face about, which was very much indfked. A mob gathered, and witness infojuied the police. This was on Friday lasdßG. J. Martin said his attentioir was drawn to Kelly and O’Connor lighting on Friday last in a gully at the back of the sale-yards, Kermodo street. O’Connor was very drunk. Some one went for the police, and Kelly ran away. Don’t Icnow who began the fight, but when witness first saw the men they were going over to fight evidently a made up match. O’Connor was asked if he had any witnesses. He replied that he could bring twenty men if His Worship would let him go over to Power’s Hotel. His Worship didn’t see it that way, however, but said O’Connor should have had his witnesses in Court. Prisoner was fined LI, or a week’s imprisonment, which alternative he acce]; ted. A warrant was issued for the apprehension of Kelly. ALLEGED ASSAULT. D. Pearson laid an information for assault against J. E. Hyde Harris. Mr. Harris asked for an adjournment, on the ground that as the information had teen laid at the advice of the Magistrate himself, the case should be heard by other Justices. Tire Magistrate said he would grant an adjournment, but he did not know the merits of the case. The case would be beard on Friday, when his brother Bcetham would be on the bench with him. CIVIL CASES. Stoduart v. Smith—claim, L 5 ss. for grazing a mare and foal from October last to December. Judgment for plaintiff without costs, payment to be made on return of naro, now held possession of by plaintiff. Trickett v. Harper—claim, 12s. Od. for goods delivered. Defendant pled the existence of -a contra account, and also that payment has been tendered in due time. His Worship gave judgment for plaintiff, with five shillings coats. ASHBURTON —Friday, Jan. 9. (Before Mr. F. Guinness, 11. M.) INTERPLEADER SUMMONS. » Saunders Bros. v. Gleeson. Mr. O’Reilly for Messrs. Saunders Bros., and Mr. Branson for Mr. Gleeson. S. Saunders deponed that he was a member of the firm of Saunders Bros, and had taken the place of William Saunders in it. Knew T. P. Gleeson, who is mentioned in the bill of sale. I caused a claim to be put in against the goods seized' by the bailiff on a judgment of Friedlander Bros. By Mr. Branson—The bill of sale was given to William and Edward Saunders. I was not a member of the firm At the time the bill was given. The notice given by me was given as against the bill of sale. William Saunders assigned his private estate but not bis slufee in the firm. There is no registered assignment to me of the bill of sale. There Mas a gazette notice of the alteration in the linn, but no deed was made out When I made the claim on Friedlandcr Bros, it was on behalf of the firm of Saunders Bros. I succeeded William Saunders in the business. An argument ensued as to the right of the present firm to sue for debts due taJL the old firm. By the Bench—William Saunders did ' not assign his rights in the partnership to trustees. His property in the firm passed to me. By Mr. O’Reilly—The goods included in the bill of sale were not assigned in William Saunders’ estate, nor was any part of the partnership property of Edward and William assigned. It now rests ri myself and Edward by virtue of a “ Gazette ” notice. Arthur Smith, clerk to Saunders Bros., deposed—The property mentioned in the schedule of the bill of sale is the same as that sold by the bailiff'. By Mr. Branson—l know the goods were the same because Gleeson told me they were, and I took an inventory -of them. C. B. Branson, bailiff of the Court, proved the seizure of the goods. Received a not;a i from Saunders Bros, holding me responsible for any loss sustained by them. I sold the goods, and paid the amount of judgment into Court, and the balance to Messrs. Saunders Bros., under instructions from Gleeson. By Mr. Branson—When I applied for the interpleader summons I knew the money had been paid by the clerk of the Court to Priedlander Bros. By the Court—At the time the money was paid I did not know of the payment. Saunders did not enter into a bond nor . pay the money into court, nor pay costs of keeping possession until the case was tried. No fresh claim has been made by Saunders Bros, to the proceeds. I told the clerk of the court that the case was settled. C. C. Hurrell, Clerk of the Court, deponed, that he had paid the money to Friedlander Bros, in the usual way. Mr. Branson argued that the Court had no jurisdiction, on the ground that no assignment had been made in the eye of the law from W, and E. Saunders to B. and S. Saunders. After argument by counsel his Worship said, as the case was an important one, he would look up authorities and endeavor to give a decision on Tuesday next. Anderson v. Twentyman Claim Ll2 Is. Sd for ploughing, &c., on a farm belonging to defendant. Mr. Ireland for plaintiff. After evidence had been led his Worship said the evidence went to show that the work had not been done in a satisfactory manner, and as to the day work judgment •would be given for L2 10s, and costs 165., professional fee, 10s. 6d. RAKAlA.— Thursday, Jan. 8. (Before Mr. F. Guinness, R.M.) vagrancy. Mary Ann Cook was brought up, charged with having no visible means'of support. Prisoner said she was a respect- , able married woman. She and her husband came from Leeston on Monday, and had been trying to get work in this place. She was out walking last night when several men followed her, her husband was at that time standing at the corner of the hotel. Peter Cook said ho was prisoner’s husband. He was looking for work on Wednesday night. His wife went away from him. She had had a glass or two. , His Worship said there was not sufficient evidence to commit the prisoner but he would caution her that if she is again brought up he will send her to prison. CIVIL CASES. M'Lean v. Lake and Beard —This was a case of disputed account, which was adjourned from last Court-day for the production of defendant’s books and bookkeeper. Mr. Purnell for plaintiff. John Miles, sworn, said—l aip book? keeper to Lake and Beard. I produce the books of the firm. Ido not know what book this is. It is not a ledger. His Worship here examined the book produced, andsaid “This book is of nouso whatever. There appears to have been at least two ei’asures. ” By his Worship—l made this entry since last Court-day. I made the erasure at the time I made the entries. His Worship again commented on the impropriety of a firm carrying on extern sivc works with such irregular books. He would give judgment for plaintiff for Ll 5 ICs. Bd., with costs Lt 2s. O’Connor v. Smithels—Judgment for plaintiff for 17s. Cd., costs os. Laurie v. W. Byrne—Adjourned till next Court-day.
MOUNT SOMERS ROAD BOARD. Tiff usual monthly meeting meeting of tho/J3oard was held at the office on Thursday; Bth. Present —Messrs W. C. Walker (Chairman) W. S. Peter, Cameron, Taylor, and Peach e. The Chairman read the returns of the late elections. No. 1 Ward—Mr. D. Cameron. No. 6 Ward—-Mr. W r . C Walker. No. 2 Ward—Mr. A. E. Pe die. Mr. Taylor proposed, and Mr. Cameron seconded —“That Mr. W. C. Walker be e’eAed-Chairman for the ensuing year.” Both proposer and seconder spoke in high terms of Mr. Walker's action as Chairman in previous years. Mr. Peter did not wish to object to Mr. Walker’s election as Chairman, but he wished to record his objection to anyone holding the dual position of Chairman of the Road Board and Chairman of the County Council. Mr. Walker, in thanking the Board for his re-election, did not see any objection to his holding both offices, but thought it was desirable for the Board that he should hold both, and so long as he presided over the Board’s meetings ho would endeavor to do his best for the interests of the district. The minutes, with some slight alterations, were then confirmed as amended. Ninety-two applications were received for the situation of Clerk and Surveyor, and Mr. J. C. Wentworth Cookson was appointed. The Clerk was instructed to advertise the Valuation List as being open for inspection. WAKANUI ROAD BOARD. The ordinary monthly meeting of the above Board was held on Wednesday last. Correspondence was read from Messrs. Sandrey and Bladder, calling attention to the state of a ballast pit on their land, and asking that the same be filled in. The Surveyor was instructed to see to the matter. From Mr. B. Hampton, offering 1 acre for a gravel pit for L 25, or 2) cl. per yard for gravel taken out. Resolved to acknowledge the letter, and to offer Ll 5 for an acre, and L2 10s. for compensation for destruction of crop. From Mr. P. Stewart, asking the Board to find timber for a bridge over Leadley’s drain to give access to his land. Resolved that where bridges arc required over this drain to give access to farms, the Board will find the timber and persons requiring the same will hare to provide labor, Ac., at their own expense, and complete the work to the satisfaction of the Surveyor. It was resolved to write to the Colonial Treasurer requesting the payment of the second moiety of the subsidy. The manager of the Bank of New Zealand wrote, stating that the Board had been credited with the sum of L3GI 135., being - the amount apportioned in respect of the sum of L 760 15s. 4d. remitted to the credit of the old Ashburton Road Board district fund. The Clerk was instructed to enquire if the Bank had allowed interest during the time the matter was in abeyance. The Surveyor’s report was then read and adopted. WfVh regard to work required by Mr. the road leading to his place, it wfis rosblved that as the Board did not feel justified in spending much money on a road only benefitting one man, the Surveyor he authorised to have any necessary work done, the cost not to exceed L 3. The following tenders were then accepted :—Seaside road, W. Silcock ; Outfall drain, D. M'Loughlin. The Surveyor was instructed to grant contractors extra time during harvest. It was resolved to call for tenders for painting stables, offices, Ac. The pay-sheet was passed and the Board adjourned.'
RESIDENT MAGISTRATE'S COURTS., Ashburton Guardian, Volume 1, Issue 46, 10 January 1880
See our copyright guide for information on how you may use this title.
Papers Past now contains more than just newspapers. Use these links to navigate to other kinds of materials.
These links will always show you how deep you are in the collection. Click them to get a broader view of the items you're currently viewing.
Enter names, places, or other keywords that you're curious about here. We'll look for them in the fulltext of millions of articles.
Browsed to an interesting page? Click here to search within the item you're currently viewing, or start a new search.
Use these buttons to limit your searches to particular dates, titles, and more.
Switch between images of the original document and text transcriptions and outlines you can cut and paste.
Print, save, zoom in and more.
If you'd rather just browse through documents, click here to find titles and issues from particular dates and geographic regions.
The "Help" link will show you different tips for each page on the site, so click here often as you explore the site.