RESIDENT MAGISTRATE’S COURT,
Picton, June 8, 1870.
Before S. L. Muller, Esq., R.M. HEINS V. H. M'CORMICK. Action on an unsatisfied judgment, Case adjourned for a month. NOSEDA V. lIEBERLEY. Adjourned case.—Judgment for plaintiff for 20s, and 22s costs. CARLETON V. CURTIS. Action to recover £5 10s l^d. Judgment by default for amount claimed and £1 4s costs. LAERY V. PATTON. Action to recover £0 17s Gd for damage to a boat!,. Mr Conolly appeared for plaintiff. V
Robert Laery, sworn, said —I was owner of a whale-boat in December last. I sent the boat to the Grove with passengers I saw it when it came back ; it was broken. The boat cost <£7o The gunnel was in one piece 35 feet long. It was cut in two. I could not get one like it. Joseph Phillips, sworn, said—-On the 26th December last, I took plaintiff’s boat to the Grove with passengers I moored it under the stern of a vessel, by leave of the person on board. It was near the landing place. I was on board tbo vessel. Another boat was moored at the stern of my boat. I saw boats start for a sailing race. Defendant was sailing a boat. When I saw him he was so close I could not cut my boat adrift. He ran into the boat and broke the gunnel. I brought tbo boat back to Picton at night, and showed it to plaintiff. Defendant could have avoided the boat. It occurred at starting. I called to defendant; he said he must go where the wind took him. He said I could have cut the boat adrift and given him room.
Cross-examined by defendant—l did not know I was anchored to the flag-ship. I had leave from one of the crew. You called out to lot the boat go; not in time. I let it adrift just as you ran into her. James Heberley, sworn, said —I was at the Grove on 28th December last. I was in the boat race. I did not see the accident. Mine was the weather boat. I saw the position of the boat before the race. I think four or five started.
John sworn, said—l am a boat builder. I have seen plaintiff’s boat.. I could not get the same sort of gunnel without sending to Sydney for it. I consider the damage at £5. Cross-examined by defendant—l did not repair the boat. It would cost at least £5. Alexander Patton, sworn, said —I am a carpenter. On the 26th December 1 entered a boat for a race. Mv boat was so placed that I could not weather the flagship. I tried to go under her stern. Was not aware of any boats being astern. I afterwards saw two boats astern. I saw I must strike one of them. I called out to the man in charge to let it go There was plenty of time to do so, and I should have gone clear. The boat was pulled close to the vessel. I ran into her. 1 must have run my boat aground to avoid it. William Henderson, sworn—l recollect, the regatta. The boat had to go round the flag-ship. The cook, an Italian, was on board the flag-ship, and a number of spectators. Judgment for plaintiff for £6 17s 6d and £2 15s costs. Defendant to pay £2 a month. BANK OP NEW ZEALAND V. MILLER. Action to recover £24 Is Defendant admitted the debt. Judgment for plaintiff for £24 Is and £3 5s costs. Defendant to pay £2 a month.
The Australasian contains the following : “ The establishment of an Art-Union, which will embrace tlic whole of these Colonies within the sphere of its operations, and which will expend the whole of its income, minus the working expenses, in the purchase of paintings by colonial artists of acknowledged merit, may be regarded, we trust, as an accomplished fact, and only requires the co-operation of every lover of art in Australia and New Zealand to insure its entire success. Out of 2,000,000 of people such a society ought to experience no difficulty in obtaining 2000 subscribers and, as arrangements have been entered into which will limit the working expenses to the percentage of the receipts which they engross in similar associations at home, such a subscription list would leave about £I4OO per annum available for expenditure upon works of art to be selected from an exhibition, to which the artists of the whole of these Colonies will be eligible to send competitive works. -
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Bibliographic details
Marlborough Press, Volume XII, Issue 752, 14 June 1871, Page 2
Word Count
757RESIDENT MAGISTRATE’S COURT, Marlborough Press, Volume XII, Issue 752, 14 June 1871, Page 2
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