DISTRICT COURT, REEFTON.

Inangahua Times, Volume V, Issue 35, 15 March 1878, Page 2

DISTRICT COURT, REEFTON.

Thursday, March 15, 1878. „ (Uoforo His Honour, Judgo Woston.). OnOKKR V. DAWSON. This was nn notion on nn allogcd breach of contract to rocovor tho sum of £173 . 14m damages, for work dono and material i supplied on a contract to erect on hotol > in Broadway. > Mr lloid nppoarod for tho plaintiff, L nnd Mr Pitt and M* Moos appoaced for ' 6ho dofcndiint. • Mr lloid said,, before tho oasO' woo 1 jfono into, he desired to rofcr to a mattor which had immediate roforonoo to the case, and whioh ho had reduced to nn affidavit, The faots wbro brirfliy theso : Acting flB solicitor for the plaintiff, he, on tho 28th l^ebruary, oft two o'clock, lodged with tho Cleric of tho Court tho necessary foeo for tho issuo and sorvico of the summons in the prosont enso!. At two o'clock, on the 3rd March, ho again enlled . at the clerk's oflico, when ho ascertained that tho summons had not been sorvod. Half an hour later called at the oflico again, nnd found that the bailiff hud not been nenr tho Court for two days. Under thcßO circumstances ho (Mr .Ucid) hud been oompollod to norvo Iho summon.* himself, and finally that ho beliovod tlio bailiff was in (own al [jaho lirao, and that on Iho doy referred to was iucapoblo o( performing his duties. Through this do* fault on the part of tho bailiff 1 tho plaintiff had boon put to considerable annoyonco, and had' ho (Mr !Reid)> not served the summons at tho olovonth horn 1 tho caao „ could not have boon brought on to-dtiy., His Honor said tho afiMavib was a littlo vaguo, as tho nntmo of tho brilifF'a incapacity was not statod, nnd uiiyht hay been attributable bo iHnoss ov many othor causes. Mr Pitb said' tho affidavit sorvod to moroly hositato ft fault and hint dis« like. His Honor said tho Court could' hardly proceed to deal with a chargo upou suoli vaguo grounds. If tho baili/P's default was attributablo to any cause, bhoro ought to bo-no difll'oulty in explaining it. Mr Iteid said ho could liavo stated a tjood deal 1 moro in his aflldavit bad ho so desired, but ho thought it would havo bcon sufflcionb to merely draw attention to the mnttor, in order to proovnfc its ro« currenoo. Ho might havo allopod his boliof that tho bailiff was tipsy on thoday in question. Ilia Honor : Bailiff, why did you* not sorvo this summons PHniliff ;■ T was not in attendance upon tho Court on tho days in question. I was unwell. I nm not a salaried o/Heor, and of hi to there hns been so littlo business (loinß at tho Court that I had not attended regularly. Upon othor ocoasions it Ims boon usual in my absonco fov tho Clerk bo leavo procossos nt my hou«o for sorvico, and I rcliod upon that being do.io in tho prosonfc oaso, and it was not. His Honor : Bo you say that the nonscrvico of tho summons was not through any fault of yours P' KhilifF: 1 can't ojcactly say that it was not through any fault of mine, for I am required to bo in oonsimnt attondanco ut bio oflico. His Honor ; Woro you inoapablo of ■ sorving tho process through tht offocts of drink ?' Bailiff : Not bhat I nni awaro of. I was vory unwell, andi could produco a medical cortiflcato showing; that to bo tho CIIRO. His Honor ; Well, Mr HoicVyou havo heard tho bailiff's explanation. Do you feel sntisfiod P' If not, I will grant loavo for you to supplement your affidavit, nnd furnish fresh cvidonco. In tho meantime ' the Court could not but regard tho bailiff's explanation ns satisfactory. Mr .Moid suid h 0 wng net prepared at tho presont iimo to proceed further with tho complaint, and tho matter then dropped, i Mr Titt rose and urgod tlmf as tho

summons in this caso had not boon sorvod within ten dear days tho ca.so could not como on for hearing. Mr Reid replied tit soino length pointing out (lint, even if the Hcrvice had been insufficient it was within tho disorclion of tho Court to wnivo that, and order tho onso to proceod. It would bo vory unfair to make tlio plain tiff suffer through the default of tho bailiff. His Honor said ho coutd only proceod with the caso with the con ont of tho other side. Mr Pitt snid ho wa» not prc-p arod to proceed with tho enso. His Honor thought it would bo a dar« porous practice to sanction a departure from tho ordinary modo of serving sum* monocs, and folt that the caso must bo at 1 * journcd.. After further argument tho case wob adjourned until noxt sitting of tho Court on tho 11th April. Mr Roid in tho monntimo movod for an order to nompol tho defendant to produce tho specifications nnd general conditions of contract ousting between tho parties. The docomonts woro in tlio possession of tho defendant-, niicVjio refused to produco them saying thai they had boon lost or mislaid. His Honor— Then, if they allego that tho documents lmvo boon lost why not movo that socondnry ovidonco of their contents bo taken P' Has tho plaintiff not got a copy of tho documents P' Mr Roid rnpliod that plaintiff had no copy of tho originals. His Honor di routed tho order to issue for fcho production of this document. His Honor inqmirod whether ifc would not bo betler to have n jury in tho caso. Mr Reid' said his olient wns quite satis* fl'od to louvo tho determination of fclio onso with his Honor. Mr Pitt on bolialf of defendant expressed himsolf similarly. Jlis Honor snid ho felt gratified nt tho oonfldonco hold in tho Bonoh,. though- ho wns glad at nil time to have tho ussistanco of a jury. Inangahua, Cotmty Council, v*. Tkm« ERJIMiY. Thiti case wns hoard nt tho last sitting of tho Court nnd subsequently determined but tho question of costs wns reserved 1 . Mr Pitt on behnlf of tho Council now morod for costs in tho onso' tho judgment of tho Court having- boon for plaintiffs. Mr Moss n-ppoAi'ctl toopposo tho ordV. After argument bis Honor granted plain li/T's cost!* £4, 115..