RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume III, Issue 232, 30 September 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, September 30. (Before J. Sharp, Esq., R.M.) Clements v. Tingle. This was an action brought by the plaintiff to recover £30, the value of certain shop fixtures, taken and carried away by the defendant from the premises in Bridge-street, lately occupied by him, and rented from the plaintiff. Mr Kingdon appeared for the plaintiff ; Mr Pitt for the defendant. The evidence giveu by the plaintiff was nearly a recapitulation of that furnished on the hearing of the previous action between the same parties. Mr R. Henry deposed to having put up the fixtures in question, consisting of a counter and shelves, which cost £35, together with extra fittings of the value of £5, the defendant giving instructions to the effect that they were to be put up so that they might be removed at any future time, if required. He defined fixtures as anything the removal of which would injure the building, and the counter &c. had been taken down without injuring the floor or walls. They were 'trade fixtures.' Mr Pitfc submitted that, as the defendant was sued for the removal of fixtures, the plaintiff should be nonsuited, inasmuch as his own witness, Mr Henry, had proved that the articles in question were not fixtures in fact of any kind. The Court however ruled that they were trade-fixtures, and the real question at issue was whether the defendant had any right whatever to remove them. It appeared that the defendant had rented the premises from the plaintiff as agent for Mr Asmussen, of Christchurch, in January 1866, aud removed certain fixtures, putting up others. On the 6th of May 1867, he made a fresh agreement with tbe plaintiff, who, on the 14th of tbe flame month, purchased the premises

from Asmussen, with whom his Worship was therefore of opinion that the -right of action lay, as iv the former case. The plaintiff was consequently non-suited, with costs.

Shortly before we went to press au accident occurred at Mr Townseod's, Greyhound Inn, Bridge-street, to John M'Caw, who fell headlong down a well iv the kitchen, the hatchway of which hud been left open. Assistance was speedily procured, aud he was rescued from his perilous position, though in a state of insensibility, from which, however, he soon recovered. We have been requested to state that Divine Service will be held this (Wednesday) evening at 7 o'clock, at Christ Church, and also on every Wednesday evening during the summer season. A correspondent, under the signature ' Humanitas,' after adverting to the great indignation which has justly been aroused in the public mind by a late case of cruelly to a dumb animal, calls attention to the fact that, with all our present affluence of water, no provision has yet been made in any part of the city for drinkiug-troughs for horses and dogs, whose sufferings from thirst during the hot season are frequently intense. Wiil no humane individual take action in this direction? The anniversary dinner of the Nelson Volunteer Fire Brigade takes place tomorrow evening, •at the Trafalgar Hptel, at 8 o'clock. We understand that the Provincial Solicitor, H. Adams, Esq., has consented to take the chair on the occasion. An important decision has just been given by his Honor Chief Justice Arney in the Supreme Court at Auckland in the case of John Anderson v. Robert Graham, which* has been pending for a long time. Our readers may remember that this was an action by a settler at the Hot Springs for an alleged trespass on his premises, arising out of a seizure and levy, under warrant of the R.M. Court, Auckland, and the most important point raised was this: — ' Whether the plaintiff's body haviug been taken and kept in gaol for four months, uuder committal for a judgment debt, his goods could then be taken into execution for the same debt.' His Honor decided in ♦.he negative. The farewell benefit given to the Foley children at the Oddfellows-hall last night, uuder the patronage of the Volunteer Companies, was well attended, many of the officers and members of the various corps being present in uniform. The performances were well received, and passed off with much success. At a meeting of the ratepayers of Blenheim, on Wednesday, September 23, it was unanimously resolved to petition the Governor to constitute the town of Blenheim a borough under the Municipal Corporations Act, 1867. A public meeting was held at Blenheim on Thursday, Sept. 24, to consider the financial proposals of Government, Joseph Ward, Esq., Deputy Superintendent, in the chair. Mr C. Redwood moved the following resolution, which was unanimously carried: — 'That the financial proposals of Mr Fox, making population the basis of distribution of the revenue available for Provincial purposes, and making each province pay annually the interest and sinking fund of its own debts, are equitable towards the whole colony, and more advantageous to this province than the present system, or that proposed by the Ministry.' Mr Goulter moved, with a like result: — 'That in the event of the ministerial scheme being adopted, by which the General Government pay the interest and sinking fund of all provincial loans out of the consolidated fund, the sum to which this province is entitled is £45,890, the amount of the Marlborough debt per head being £3 Os. 6d., while that

*- ii ■■■■—■■■ hbii_hii*i-lli i win n« iii i -mnr-f itirm imni i iiniim | — ■■'•"■— «*« of the provinces as a whole is £14.' Mr Dodson moved, ' That unless the Government agree to pay the sum of £45,000 to ill is Province as an equivalent for being made liable in the sum of £14 a head for Provincial Loans, ibis meeting requests the members for this province to support a dissolution,' This niotiou was carried after some discussion, it being urged that it did not go far e.iough. Mr John Robinson moved 'That this meeting, having no confidence in the Stafford Ministry, therefore requests our members to support any measure that will cause them to resign, or will lead lo a dissolution.' The conduct of Mr Eyres in the House was severely commented on, especially as he had allowed the disparaging remarks of the Treasurer on the Province of Marlborough to puss without contradiction ; but ' they would hear what he had to say in his defence, aud if not satisfied with his reasons, they would find men ready to tell him that he had not done his duty, and must go about hia business.' In the Hou3e of Representatives. Major Heaphy, V.C., whilst speaking of tho state of panic which he said had prevailed at the Chathams when the Hauhaus made their escape, referred to the lady who had shown such considerable presence of mind in saving her money, by thrusting it in a, kettle of boiling water. 'The Government, he hoped, would make suitable proposals to that woman;' when Mr John Hall, amidst much merriment, retorted, that the lady being already married, such appeared to be quite out of the question. In answer to a question put by Colonel Whitmore in the Legislative Council, whether the Government would be unwilling, should a resolution to that effect pass both branches of the Legislature, to take steps for obtaining the z'equisite sanction for the employment of Imperial troops, the Hon. Dr Pollen said that, judging by the despatches of the Secretary of State for the Colonies, it was doubtful if either the Governor or Government had power to dispose of the services of the Imperial troops. If both Houses of the Legislature thought proper to reserve the self-reliant policy, it would be a question for the Government whether they would give effect to such a decision. A case has occurred at Westport which ought to make publicans very careful what they keep iv their bars. A digger, named William Olsen, called at Mr T. Sheehan's Nelson Hotel, ancl asked for a glass of brandy and bitters. Mrs Sheehan was in the bar, and handed him the bottle to help himself. Immediately he had drunk the misture, he felt a burning iv his throat and fell down insensible. He was taken to the hospital, where he remained for 12 days, and has since been unable to work or to swallow solid food. Olsen brought an action against Mr Sheehan for. £50 damages, when it was proved that although negligence for which Mr Sheehan was legally liable had been shown, there could not be the slightest atom of actual blame attributable to him. The stuff had been got from the gingerbeer maker for cleaning the counter with, and was put by him into a bitter bottle and stowed away in a corner, where it was unfortunately taken from by mistake, with the results already referred to. The Magistrate gave a verdict for £30 damages, but the plaintiff, after the verdict, compromised the matter for £20, in order to get it settled at once. The Hawke's Bay Herald is responsible for the following story: — The other day the Governor, in company with the Hon. J. C. Richmond and Capt. Young, A.D.C., called at the Wellington gaol. A gentle knock was given, and the door was soon opened from within. There were three jolly-looking men roasting themselves before the fire, to all appearance happy and comfortable. An inquiry was made for the gaoler, when one of the party jumped up-

and said, 'I will soon find him, for he is only taking. an airing.' Mr Richmond inquired of the other two in what capacity they were connected with the gaol, and was answered that they were prisoners. 'And what is the mau that went for the gaoler?' 'O, he is a prisoner too.' ' Good heavens !' said Mr R., 'he will run away.' '0, no,' replied the other, 'he won't do that.' The Governor and his suite were astounded; in fact, they could not believe their owu eyes and ears. It is stated that Bishop Selwyn will probably proceed about the middle of October iv company with Bishop Paiteson to Norfolk Island in the Southern Cross, in order to view the fruits of a mission instituted by himself,^ and carried on so ably by his successor. In such case the schooner would probably leave Bishop Patteson at the island, and go on to Sydney whence Bishop Selwyn would proceed to England. The Victorian Assembly have summoned Mr Tobin, a squatter, for having threatened to horsewhip Mr Longmore, the member for Ripon and Hampden. An Adelaide telegram in the Argus states that the result of the first crushing of five tons from the Almanda silver mine was 112 ounces of retorted silver. The second crushing showed 28 ozs. to the ton.