RESIDENT MAGISTRATE'S COURT. WEDNESDAY, AUGUST 10.

Colonist, Volume II, Issue 189, 12 August 1859, Page 2

RESIDENT MAGISTRATE'S COURT. WEDNESDAY, AUGUST 10.

Before the Resident Magistrate. Thomas Hill v. Thomas Smith.—The former, aa Emigration Officer, at the instance of the passengers of the brigantine Active, brought, this suit against the latter, as captain of that vessel. : ■ • Mr. Connell pointed to various sections of tiie Passengers' Amendment Act as referring to the allegations, and particularly to the 35th clause, which directs that provisions shall be of who'e^mie and good quality,. and in sufficient quantity.' William Pen.ier sworn :lam a seaman. I was a passenger by the Active. I paid £7 for my passage to Nelson; I was steerage passenger. I had no contract ticket. I had a receipt for passage money. I did not agree to furnish my own provisions. I did not get good provisi ma on bnu'd ; the meat was very bad. I did not get any oatmeal, or rice, or vinegar; pease only on one day, and but a small quantity. I believe we had two lbs. of potatoes perweek. We had no pork till within sight of port; it was eleven days before we got it. We had sufficient bread ; flour only once, about a quarter of a Ib. per man. The beef was bad, until within two days of our arrival; it was tainted, and would fall to pieces. Cross-examined by Captain Smith: We had a very little fresh meat; three times, about three lbs. for eight men. I have not eaten two lbs. of potatoes for breakfast. The fresh meat we bad was mutton and beef. John Purcell sworn: I am a laborer, and passenger by the Active this last voyage. I had no contract ticket. I had a receipt for ,£6, steerage passage to Nelson. I did not agree to find my own provisions; the provisions were found for us. The mate wrote a dietary scale, which I saw in his hand ; we asked for a copy, but did not get it. The beef was very bad in smell; we sent it,back, but it was returned again to us at supper. We bad'no oatmeal ; we had a quarter of a pound of flour once ; no rice ; pease only once, but very little. We had pork three times; about half a pound of pork sent down with the beef. The provisions were not properly cooked; even the fresh meat, which was so raw that we could not eat it. Cross-examined by Captain Smith : I never asked for oatmeal; we did get potatoes. We had fresh meat about three or four times; there was about 21b. between eight of us. We had plenty of biscuit; we could help ourselves. Daniel Wilson sworn: I was a passenger on board the Active. -1 am a laborer. I paid £6 for a steerage passage. We had some unpleasantness about provisions, about the meat beingbad; it was beef; it was stinking, and unfit for use. I went, to the captain aboui; it, and he went ashore at the Heads, and got weights and. scales. The mate then read a scale to. us, and wewished for a copy, but we never gotit. The provisions were weighed out to us; we had neither flour, oatmeal, or rice. The' first time we had about an Ounce per man of flour; about, a quarter of.a pound the second, and. pudding afterwards;-there was plenty of biscuit. We; I asked to. have the rations weighed out to us, but it was refused by. the mate.- We had to take the fresh beef back to the cook ; it was raw inside,. We had pork twice or three times on\ the-passage;.l am sure there was not lib. in a weelc.- T;here was nothing given usiu, the place of the beef we returned. The meet was served, three times a day on several occasions; the same meat we refused, was returned to us; I knew it, because I marked it myself. Cross-examined by Captain Smith : The day we came out of Hobson's Bay, when I complained of the beef being bad, I Lad fresh meat. I got some of the bad boof again after I complained. We had fresh meat during the passage three or four times. I told tl.e captain if lie would weigh tbo rations out we would take "them. The mate did not fcay that there would bo aoyiliimr sul'stitnied in linn of tie [Jiiijgs wo did aofc get. Ww hau pos; j,lc-e.* Uvk.e ,"3, "day; £j

think each man had 21b. per week. I ueyer asked for rice or oatmeal. William Tomkins sworn : I am a bricklayer; I was after steerage pussengor on board the Active. I never complained of the beef because I could not eat it;' ifc was stiuking ; I saw the captain and mate throw |some of it overboard ; I saw some still left in the harness-oask (three or four pieces); it was then filled up ag'iin. The beef that is now on board is good. I huve been backwards and forwards to Nelson many times, but I never saw such beef before.. Cross-examined by C.iptuin. Smith : The har-ness-cask was cleaned out and filled up out of a fresh cask, but tho bad pieces were put on the top, I believe about 30:b or 401b. We had, at different times, about "l^!b. of fresh meat for three of us. We had a little " rice as a favor for the women and children. I saw1 one small quarter of beef and. part of another; there were two skeletons of sheep on board. ; Captain Smith, in defence, .then called the following Witnesses: — James Williamson, tmte of the Active, sworn : There were three quarters of beef canie on board at Melbourne. There were about sixteen passengers. There were two sheep on board, and other provisions. 'After the beef was complained about, the Captain and myself took it out of the harness-cask,: except two or three pieces, which I did not think bad. The dietary scale I produce ; it was never acted upon; the substifeu-. - tion was made by putting a qnarteivof "alb. of meat extra. I did not think there ,v*as a scarcity of it. I told, two or, three of them to come and see the provisions weighed out, but they would j not do so without getting a scale. I should think they had a pound and a half of fresh meat.per day each. There were eleven cwt. of potatoes ■came on botird. There were about thirty souls on board. All .the potatoes and beef wore Consumed. There was three.or.four pieces of salt meat cooked every day, besidfis the fresh meat, while it lasted. .There were eleven sacks of potatoes on beard, and a 200 Ib. suck of Adelaide flour, which is about a quarter used.' Cross-examined by Mr. Conneil. T messed in the cabin. There were a few of the best pieces kept for the cabin. There were two |assengers in the cabin, making four altogeUier. I am sure' there was 240 lbs of fresh uii-at consumed by the passengers during the passage. Nothing was ever weighed out. Alexander Chase, steward, sworn : I served out the rations on board. There was a side of beef,aud a leg came on board at Melbourne. I cannot say the weight; it was more than four cwt. I used the fore-quarter in oir days for the steerage passengers, crew, and a few pounds for the cabin.. After the first four days out, they had, on alternate days, fresh and salt meat. I am certain that I never sent less thau ten lbs. to the mess of eight m< n at dinner. They looked for meat three times a day. I always gave it to them at tea time except once; I made a dry hash twice a day.- The captain told me to give as much as I thought proper, but so as. nut (o waste. The beef lasted eight or nine rays. The sheep were not in god ondition ; they didn't eat : anything. The beef they complained about was fresh beef. They only complained once about the beef being improperly cooked. They were satisfied till they hud the suit. I have been several voyages; and I never saw passengers have so much as they ,had. Charles. M' Alpine sworn: I was cabin passenger by the Adivc;. The salt boef u<ed in the c.ibiti was of good qualify, but I cannot say : whether the steerage-passengers'hitVthe same. Thire were three quarters of beef \ and two sheep put on board at Melbourne. The sheep fell away very much. We were thirteen days oa the passage. •. The Magistrate said there was not sufficient evidence to prove the case. There appeared to have been a considerable quantity of provisions consumed during the passage. It was an easy thing to get up a cabal against masters of vessels, and it would, appear to be so in this instance. Each individua1 could find his remedy on suing the captain singly. The case was then dismissed. The Board of Works v. the Governors of the Nelson College.-—This was a deferred decision upon an action for £18 12s. 10d., for rate upon certain ground, as described in our impression of the 26th ultimo. The Court decided, that the rate upon the house and town acre No. 503 was irrecoverable, not coming under the meaning of the Act. The rate, amounting to £15 ss. 2d., upon the Co'lege. ground, was allowed. Judgment accordingly. W. Wilkie v. Thomas Maxted.—To recover £3 16s. 3d., being balance of account. Judgment for plaintiff. W. Crowl her v. Thomas Pearce:— For £14 ss. lOd.. for board and lodging and cash lent. Piaintiff produced proof, and recovered judgment for the amount. - Elizabeth Smith.v. M. Harvey.—-For £8 11s. '4d., for goods supplied. The items being proved, judgment was given for plaintiff.

An Eclipse.—A total eclipse of the moon will take place on Sunday next as follows: —First contact with the penumbra, 6 minutes past 1 a.m..; first, contact with the shadow, 16 minutes past 2 ; middle of the eclipse, 14 minutes past 4; last contact with the shadow, 12 minutes past 6 ; last contact with ,the penumbra, 22 minutes past 7 am. It will thus be seen that the eclipse will be complete shortly after 4 a.m., and will doubtless, if fine weather, be worth seeing ; though we think that with our present cold mornings, the number of euthusiasls who rise to witness it will be very liiniied indeed. Harbor Improvements.—"We call attention to an advertisement in this issue inviting tenders for the removal of certain rocks off Green Point, and also between the present wharves. The tenders' are to be sent to the Provincial Secre- . tary's Office by Wednesday next. Accident.—On . "Wednesday evening, about five o'clock, an accident occurred to a son of Mr. Westrop, in Wairaea-street, hear the Odd Fellows' Hall. ; It appears that Mr. Gr. Ridings was passing up the street on horseback, goinirat a^slow canter,, when the boy, who.is about flight years of age, suddenly came across (he ditch that runs along one side of the street, and ran into tho roadway, immediately under the. hors'se head. He was knocked down, and the bones of the right, leg broken. Dr. Ta-tfon | arrived quickly on the spot, and the poor little fellow was, by the attention of the immediate residents, promptly conveyed to the house of t his parents. ! s District Court OFFicE;~The office of this Court will be held at the Resident; Magistrate's Office, and will be open every Tuesday and Friday, between ten --and. four o'clock. The first sittings -will-be held on ITonfoy next, and on < the 15tb day of every succeeding month, at the j ~'NelsonOourfHom"/;; ':;"' '' " ■"■" i

Meeting- at Wakefield.—On Wednesday last, a public dinner was given to Mr. E. ■ Baigent, and about fifty persons assembled. The greatest good feeling was exhibited by all present, and several speeches were made in answer to the usual toasts. We regret not having sj ace in this issue,.but will publish a full report in our next. ••. .... The Nelson Building Society.—On Mon. day evening last, the fiist weekly meeting of this society was held at the' Fieeoe luti, Waimea-road, for the purpose of enrolling members, when upwards of a hundred entrance'fees were paid. .We take this as a favorable augury of the success of the society, especially-us we are told that the number may be conftMently calculated to have increased to three hundred by . the Ist of September uext.