RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Grey River Argus, Volume III, Issue 196, 16 April 1867, Page 2

RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

(Before W. 11. Ilevcll, Esq., E.M.) Saturday, April 13. CIVJL CASES. Kennedy v. Heslop. — This was an action to recover LSO, the amount of an acceptance given by the defendant to plaintiff. Mr O'Loiiglilin appeared for the plaintiff,' and Mr Tyler for the defendant. The defendant pleaded no consideration. The phiintiff stated that the bill in question was one of several given to him by Heslop in substitution of other bills given to defendant by .W. J. Watts and Co., and paid to plaintiff by YV&'-.ts. Walts owed plainijiiT money, and there was a balance-due of L7O 2s 4d, and an acceptance for. L'2o3 Ss4d, due 2obh January, ISO 7. Heslop-caine and s;iid he would give him his own -a»»tanccs for the amount of Watt's debt — (ive^jtof Lf>o each, and one for Li) 3 10s Sd, pa^B|^nouthly. One of these had beeu paid bv^B{fe«y. J)id not sue Watts as Heslop-^id g/fW^sdnt\S his acceptances. The defendant Seated thiit on the sth* January he bought the premises and and stock of W. J. Watts ami Co., for which he gave, his acceptances, caie of which he urged Watts to give up to plaintiff. ' Afterwards two were sent to- plaintiff through Mr Maclean, for L 149 odd <?ach. The plaintiff afterwards saw all the papers relative to the sale, and agreed to take defendant's acceptances at a shorter date for the amount of the two original bills. It was arranged that defendant should pay LoO per month. Plaintiff retained the origifial bi'ls for L 149 each, which lied had not yet returned. The LSO bills were given to plaintiff to enable him t ) get his money earlier. Plaintiff never said he would sue Watts, nor were the defendant's bills given to " prevent Watts being 'sued. After the llrst L»0 bill was paid, plaintiff was told that Watts' estate had been sequestrated and defendant asked him if he (defendant) would be liable to the creditors on'the other bills'. The bills for tho L 149 odd were drawn by Watts, but defendant could not say if they were endorsed. ' The plaintiff, on being recalled, said that tho two acceptances to Watts had not been endorsed, and were valueless. Counsel on both sides having addressed the Court, the Magistrate reserved his decision until Tuesday. Grey itivor Steam Tug Company (Limited) v. Captain and Owners of thes.s. Halcyon. — This was a claim for L 75 for towage on a recent occasion when the Halcyon arrived off the Grey bar with damaged machinery. The siun of L2O had been paid into' Court, and payment of the balance was resisted, on the ground that the charge of L 75 was an \inreasona] >lc one. The plaiuti IFs case was that the services rendered had been performed at 'groat risk, and that the charge was an craitable one under the circumstances. Q. W. Moss, agent" for the steamer Dispatch, stated that on the day in question Mr Wallace, the a^ent for the Halcyon, called ' at tho Tusr Company's Office, and said a tujr was wanted to bring the Halcyon into ths Grey, as s! c was then 1 lying hi the oiling disabled. Tiny b.ir.bcing dangerous, witness said ho would consult; Hl3 Captain, and lie went to dv so. ■Mr Wallace urged him fen go out, and Capt. Deai:e,..<f«i^ -lie -\vfmld do all W could . Witness and Captain Dearo went to the flagstaff to look at the barV and. 0:1 their rotnrn''(Japt:i.iii Dcare went on board his vessel and prepared .to go out. A : s he was leaving, witness heard some one call out' if any arrangement had been made about the tinv.T&e," and witness replied that he would leave the chaige'to be fixed by the- directors, imd they afterwards fixed the charge at L 75. The Dispatch would not have gone out that "day for L7o. She had to get up steam ■ specially "for, the Halcyon. The usual charge was 10s in and os out per ton for vessels over 40 tons, and L'2o in and Llo Out for vessels under 40 tons. The Halcycn was over 40 tons. ' Captain Doarc, master of the Dispatch, said that the bar on the day in queston was dangerous, and he would not have gone oiit ifr.Wallace and Moss had not persuaded him to do so. He did not consider the bar safe, as he went to the point" to sec, and found, it 'bad and shallow— in fact, he never saw it worse. When starting to go to the Halcyon, he called out to Mr Moss, asking if the towage had been agreed on; Mr Moss replied he would leave it to the directors; The Dispatch bumped heavily once whilst going out. Towed the Halcyon in safely; her machinery was damaged. Wlipji going out he hoisted the red ilag, -to denote to 'the 'signal-master that tliere was nine feet of water on the bar. There was only really seven feet, but he was afraid that if he signalled seven feet, the signal-man would not bring him in again. The Dispatch drew 6ft. Gin.- The red"" ilag was up at the station whilst going out. In cross-examination, Captain Deare denied having said to Mr Wallace that he would go out if. he saw tho red flag up. The Tasmanian M;ud and Wallaby went out the same tide, but they drew less water than the Dispatch, and it was more difficult for a vessel towing. H. H. Lahnian proved the bad state of the bar, aud that the Tasinanian Maid ran great risk going out. Jas. Stalker, signal-master, stated that he never saw the bar so bad as on the day in question. It might be safe for steamers alone, but not when towing. No other steamer but the Dispatch could have brought the Halcyon in at that time. The Tasinanian Maid touched in going out. Captain Wing, master of the Halcyon, stated that the Halcyon's pipes were leaking ; but he could have come in without assistance. His vessel -was not in any danger. He would have come in, bnt the signal was for him uot to do so. Mr Wallace, agent for the Halcyon, stated that he "called on Mr Moss about towing the Halcyon in, and Moss said he would send her out, although he had not intended doing so, but if advisable he .would send.her. Captain Deare said he would go out if the red Hag was up at the signal-station. They went to the flagstaff,- iin'dtlic red ilag 'was hoisted, and the Taspauian Maid and Wallaby both went out. The signalman said there -was 12 feet water on the bay. The Dispatch then went out. He would not have taken the tug if he had known the "charge was to be L 75. Captain 11 obertson, master of the p. s. Persevevc, said that he would have gone out that day for LoO if he had been, signalled to do so. SonVj further evidence was taken, and the Magistrate, after Slumping up the case, considered i^at as no bargain had been made' althcm^lijh^j^g^fe-togetheri^^imnii j4v<^|||^^^^^^B^un<i|jj^^^HH