DISTRICT COURT.—Monday. SPECIAL SITTING. [Before his Honor T. Beckham, Esq., District Judge.]

Daily Southern Cross, Volume XXVIII, Issue 4742, 5 November 1872, Page 3

DISTRICT COURT.— Monday. SPECIAL SITTING. [Before his Honor T. Beckham, Esq., District Judge.]

Ebnest Louis Bugholz (trading under the style of Bucholz and Co.) v. the Australasian Steam Navigation Company. —This was an action entered by the plaintiff against the defendants to recover £75, for that on or about the 18th July, 1,872, the plaintiff caused to be delivered to the defendants, and the defendants received, the goods mentioned in the particulars herein-after-mentioned in good order and condition, to be shipped on board the defendants' steamship ' City of Auckland/ and to be by the defmdants safely and securely tarried therein from Melbourne to Sydney, and thence by any other of the defendants' steamers to Auckland, aud there delivered to the plaintiff. That the defendants were not prevented from carrying and delivering the said goods by any of the perils or casualties aforesaid ; and all conditions were performed, and all things happened, and all times elapsed, neceasary to entit/e the plaintiff to have the said goods safely and securely carried and delivered as aforesaid by the defendants Yet the defendants wholly failed to 'deliver the said goods to the plaintiff in the same good order and condition' in which they were shipped-r-;to the plaintiff's damage -of £75. (The goods alleged to be damaged were 30 cases wax vestas.) The defence was that the defendants denied all the material allegations mentioned in the plaint. That they carried the plaintiff's good mentioned, on board the Australasian Steam Navigation Company's' ship ' City of Adelaide,' from Melbourne to Sydney, and then transhipped there in goods order in the * Wo nga Wonga,' of which Joseph Watson Brown is master. That the said ss. « City of Adelaide' and ' Wonga Wonga are passenger ships within the terms of the Passenger Act, 1855, and, the gooda mentioned in the plant being declared by the plaintiff or his agent to be lucifer matches, the defendants were by law prohibited from carrying the same as cargo otherwise than upon deck ; and whilst the said goods were being carried on deck the same were damaged by the perils of the sea, being the perils amongst others excepted in the contiact alleged to have been entered into between the plaintiff and the defendants. Mr. Hesketh appeared for the plaintiff, and Mr. Brookfield for the defendants. — Mr. Hesketh, in opening the case, said the questions arising would not be disputed evidence ; the general facfs probably being admitted. The action would resolve itself into points in law. — Vynson Longdon, called, deposed : I am the plaintiff's clerk. On 18fch July last we received 30 cases of vestas by the ' Wonga Wonga,' as per bill of lading produced. Full amount of freight was paid on the goods to the company's agent in Auckland. The freight was charged afc the rates as for goods carried in the hold. There is generally a reduction in freight if goods are carried on the deck. I saw the vestas when opened. They were all damaged. The cases were opened and surveyed a day after they were delivered. The sea water had got into the cases and damaged the matches by going through them. I should think they had also been exposed, to the rain by the way the water had soaked into the cases. The matches were in tin cases, soldered up, and enclosed in a wooden case. The goods were surveyed by Mr. Yon der Heyde and Mr. Smith. The former is a merchant ; the latter is Mr. Binney's clerk. They made a report. In consequence they were' sold by auction for the good and at the risk of the company. The original value placed upon the goods was £126. The price realised at auction amounted to £61 Is. 2d., leaving a balance due of £64 18s. 10d., and to which was to be added £2 2s. for survey fees. On applying to the agent for the amount, he replied that the ship was not liable, as they were not allowed to carry matches under hatches. I replied by complaining of the ship having undertaken to carry them in that way. Had they not agreed to do this the matches would have been shipped by a sailing vessel coming from Melbourne. — Henry Shuttleworth, chief officer of the ' Wonga Wonga,' deposed to the matches being carried on the deck of the ' Wonga Wonga,' the Customs authorities at Sydney making it prohibitory to carry matches below hatches in a passenger vessel. The • Wonga Wonga experienced very bad weather — heavy gales between Sydney and Auckland. On the occasion of shipping those vestas at Sydney one case exploded. Witness could not say whether it was one of the cases belonging; to the plaintiff. A case of matches would explode by a hard concussion. — Further evidence, quite unimportant, having been taken, Mr. Brookfield argued at considerable length upon the legal technicalities bearing on the case, to which Mr. Hesketh replied, when his Honor said he would reserve judgment until next Monday. The Court then adjourned.

POLICE COURT.— Monday. [Before his Worship the Mayor.] Drunkenness. — John Watton, John Kenrick, John Kelly, James Bryan, Walter Scott, and John Ditchingham, for this offence, were each fined in the usual manner. Breach of Vagrant Act. — Honora Fowler, for using insulting and obscene language in a public street, was ordered to pay a fine of 103. and costs, or in default to be imprisoned for 48 hours. Insulting and Provoking Language. — Two casea of insulting and provoking language, preferred hy Annie McDonald against Savah Hart and Bridget Moran, were by •consent adjourned till Tuesday (to-day). ,Mr. Joy appeared for the complainant, and Mr. Sheehan for the defendants.