NELSON DISTRICT COURT.

Colonist, Volume III, Issue 208, 18 October 1859, Page 3

NELSON DISTRICT COURT.

Saturday, October 15. Before the District Judge. The number of cases on the list amounted altogether to 16. The Judge having taken his seat, the Bailiff read the proclamation, and the first case on the list was called. Hooper and Co. v. William Snow. —Mr. Connell for the plaintiffs; Mr. Kingdon for the defendant. The action was brought on a dishonored bill of exchange, and the following evidence was adduced. Mr. R. Aitken (a partner in the firm) was called, and the bill put into Court. The document being admitted, Mr. A. deposed as follows :—I produce a three months' bill of exchange dated January 3rd, drawn- by the defendant on James Ranger, and accepted by him, also endorsed by the defendant. On becoming due it was presented, but was not honored. Up to the present date it has not been paid. The original debt represented by this bill was due from James Kanger to George Hooper and Co. We were about to sue him for that debt, and threatened to do so previously to receiving tljat acceptance. He

said he could not pay it-then,, and-I told him that if. he could give security, we would give him time, and would take a three months' bill if properly endoraed; and I promised him that, if he could not meet it at maturity, we would renew fora part or the whole debt. Defendant called once after with Ranger, and agreed to become security on condition of Ranger having time; whereupon that bill was drawn and accepted. ' Cross-eiamined: This transaction took place at Richmond. I had seen Ranger first about this business, and had told him that if lie gave a: bill properly endorsed, I would wait for the money. I do not recollect saying to Ranger that defendant would be-security. I do not recollect Ranger refusing to ask Mr..Snow to be security. I did not ask Mr. Snow if he would accept the bill, but Mr. Ranger did hi my presence. Mr. Snow then agreed to draw.the bill, but he was not asked by me to accept it. I did not give a guarantee that Mr. Snow should be1 held harmless, or not be called upon; I only agreed to renew the bill once. I did not agree to absolve defendant of his liability. Ido not recollect whether at the time of drawing the bill it was accepted before it was drawn—l rather think it was; but lam sure that Mr. Snow was in the room at the time when Ranger accepted it. Mr. Snow drew and endorsed the bill, and handed it to me unconditionally, I promising to renew it. This closed the case for the plaintiff. Mr. Kingdon then proceeded to the defence by calling the defendant, WUliam Snow, who being sworn, stated: lam the defendant in this action. I r«collect being asked to accept the bill produced, and accepted by Ranger, by R. Aitken; 1 was asked by Aitken, and not Ranger. I stated my reason at the time for refusing to do so, Ranger being then insolvent. Ranger never asked me to accept the bill; I did it to oblige the firm. (After some little conversation between his Honor and Mr. Connell, the latter admitted that no money had passed, but he considered a legal consideration had been given.) 1 was outside of the Staxv and Garter when I was spoken to about it. R. Aitfceh was then in company with Ranger talking about the debt. Mr. Aitken himself called me over to them. I was then asked to accept, but refused to do so ; I" Was. then asked by Mr. Aitken to draw, and agreed to do so on his giving me a guarantee that I was not to be made liable. Mr. A. promised to give me this guarantee; otherwise I should not have have done it. We then went into the Star and Garter. The body of the bill was written by Mr. R. Aitken. I then signed my name to it as drawer, and endorsed it. No consideration was then given me for it; I consider it stolen from me. I Mr. Connell here begged that the witness be required to return the bill, he having put it in his pocket, which he did. j Examination continued: I was then called out of the room on other business, and left the bill behind me in the bow window. Mr. Aitken and Ranger were standing together at the time, and remained in the room. I did not hand the bill over at the time, because I had not received my guarantee. I was absent about seven minutes— certainly not ten—and on returning Mr. Aitken had left the room, and Ranger said he had taken the bill with him. Ranger and I followed him to the other house where his horse was, but he mounted and rode off before I had time to speak to him. A month elapsed before I again met him, and I then asked him why he had not given me my guarantee, and he told me that it was no matter, as the bank had refused to cash it, and it was lying in their drawer as waste paper. Cross-examined: Mr. Aitken gave me no receipt. ; James Ranger was then called, and being sworn stated: I reside at Richmond. Mr. Aitken asked me early in January to accept a bill, as I owed them some money. He asked me to find some one to join me in it; he did not then name any one, but he asked me if Mr. Snow was not in the taproom, and he went and fetched him into the parlor. Mr. Aitken then asked Mr. Snow to accept a bill, which he refused to do. He then asked him to back it, and said that he need not mind, as they were going to take it up themselves when due. Mr. Snow then agreed to do so, and I suppose it was upon that assurance that he did so. He did not sign it till afterwards. I do not remember going to the next house. Cross-examined: There was no other writing, as well as I can recollect, that same day. I do not know if Mr. Aitken gave a receipt to Mr. Snow or not. The next day Mr. S. asked me if he had been backing a bill for me, as he had been puzzling over it. ■ : By the Bench: There had been no conversation between R. Aitken and myself about sueing me for a debt. He asked me for a bill, as he had a large amount to make up, and wanted to use it. I did not hear him speak to Mr. Snow about seeing after it. Mr. R. Aitken recalled: I gave a written receipt to defendant at the time. I think he read it as he looked at it; he put it in his pocket. Mr. Connell then argued at some length that a "legal consideration" had been given to defendant in giving time to Ranger; and a lengthened conversation was entered into between his Honor and the learned gentleman, in the course of which he quoted a case cited by Addison, {which, however, his Honor ruled was not similar. The great point upon which the case rested was, as to whether the defendant had drawn the bill to save Ranger from being sued. His Honor thought that the evidence did not go to shew that there had been a bona fide consideration given. He would, however, if the learned counsel wished _to record an objection on that point, grant a nonsuit. Mr. Connell wished his Honor to take a note of this, that forbearance from their legal and equitable rights had been shewn by the plaintiffs. Judgment was accordingly given for the defendant, the plaintiffs having liberty to enter a new action if they felt so disposed. Costs, £4= 10s. The Cricket Ground.—We hear with regret that in spite of the good example set by a portion of our community who have contributed towards the improvement of the Victory-square ground, there are some individuals who set such endeavors at nought, mischievously cross the fence that surrounds the ground, and trample down the young grass, to the extreme detriment of the plot and the object in view. We trust we shall hear no more of such unprincipled behaviour, especially as we learn a reward will be offered for any information against trespassers, this may also have the effect of stopping the plunder of more posts and rails than have been already purloined. Gold Duty.—The Act empowering the collection of duty on gold exported at the rate of 2a. 6d. per ounce, the collection of which was supended on the 23rd of September last, will come permanently into operation on the Ist November next. " Provided always, that until the then next session of the General Assembly, it should be lawful for the Governor, by an order in Council, to declare that a lower rate of duty than two shillings and sixpence should be collected on each ounce; and also from time to time to suspend the collection of such duty wlienever to the Governor in Council it should seem meet." The New Province.—By the Gazette of the Bth instant, we find that the petition of the inhabitants of the Wairau for a separate province, has been granted, and will take effect on the Ist of of November next. " The several requirements and conditions" of the New Provinces Act having been '' duly complied with and fulfilled." The New Province is to be called Marlborougli, ani the town of Picton, hitherto called Waitohi, is to be the capital. The limits of the said province are defined as follows:—" All that district, being heretofore parcel of the Province of Nelson, which lies, or is within the boundary following, that is to say, —commencing at the mouth of the river Tutaiputuputu, or Conway, and following that river to its source, thence running in a straight line to the confluence of the rivers Acheron and Clarence, thence by the Acheron to the confluence of the Guide, and by that stream to Barefell's Pass, thence in a straight line to the Top House, Wairau Valley, thence in a straight line to the summit of Ward's Pass, thence, by the summit of the waters

shed, to the Red Bills at the source of the Pelorus, thence by the Pelorus to the confluence of the Heringa. thence by the Heringa to its source in or near Saddle Hill, thence in a (Straight line to the summit of Saddle Hill, thence by the summit of the watershed between the Pelorus and Blind Bay, to the summit of Mount McLaren, and • thence in a straight line to the head of that arm of Tennyson Inlet which approaches nearest to Squally Cove, Croixelles Harbour." Peal op Bells.—lt has been suggested that a very acceptable addition might bo made to Christ Church, Nelson, by the introduction of a peal of bells. From a calculation that has been made, the cost of a peal of six bells would appear to be about £270—the fittings £36—and a strong English oak frame to contain them ready for fixing, about £54, —so that they could be put on the south end of the church with comparative ease, for something like £400. The probable weight of the peal would be about 36 cwt. Improvements have been effected in the building, a clock has been placed in the tower, the grounds have been laid out, and various alterations have been made, but this desideratum remains to be accomplished. The church bell in England is responsive to the hearts of the people, expressive of joy or sorrow, life or death : iit is part of the universal voice, and both before and since the days of Whittington its metal tongue has clamoured forth in unison with the griefs or successes of the country. It is the monitor that suggests the devotions of the sabbath to the laggard, and the witness of the hour that sees happiness on the face of the matron as she sends forth her young ones with bright faces to the service on Sabbath morning. fcThere are few Englishmen who would not with pleasure hail the cheery sounds again, Without which no joyous marriage appears complete, no great event sufficiently chronicled..~Communicated. Gas Service.—With reference to some late remarks of ours upon the proceedings of a committee appointed at a public meeting to take steps for the formation of a Gas Company, we have since heard that the most energetic proniuU gator'of the scheme", was so badly supported, and , the necessary attendance became so lax, that it was gradually deprived of all vitality and sunk into abeyance. This, by no means novel consequence to our collective efforts, is happily likely to be ob-: viated by the arrangements in contemplation through Dr. Tatton's commencement. We hear there is every probability of the town being supplied with gas service before many months, and the preliminaries will be arranged with as little extension as possible, thereby avoiding the usual source of ill success, and securing a better chance of compact working, in fact—no company will be formed, no public meeting is necessary, but by some well directed movements of a few individuals, it is extremely probable that before long, Nelson may be in possession of a boon that will bring comfort and economy to every home in the town. We hear that negociations have been entered into for a spot of ground sufficiently central, near Bridge-street, and that a commencement will be made without aDy further delay, than is actually necessary. We earnestly wish success to the undertaking. This evening Dr. Tatton will make experiments upon coal from the seam at Ranghiaieta Point and to-morrow with Pakawau coal. Serious Accident.—Yesterday evening Mr. G. Lane, formerly of the Commercial stables, and latterly of the Waitohi Hotel, met with a most serious accident, which we fear will terminate fatally. It appears that he had bought a horse, one of those newly imported, and wishing to proceed to Richmond mounted it, when he. was thrown before even leaving the stable yard of the Wakatu. Undeterred by this, he proceeded on his way as far as Jenkin's hill, and we hear from Mrs. Jenkins, that whilst stooping to arrange something connected with his stirrup, he lost his balance and fell violently on his head. Messrs. Brock and Freeth who were riding along the road, saw him sitting by the side of the bank, and at once dismounted and remained with him until further assistance arrived. Mr. M'Crae who was driving i his lady home from Nelson, at once undertook the task of conveying him back, and whilst Mrs. M'Crae remained at Mr. Jenkiu's house, from which restoratives were immediately forwarded, he was conveyed to the Fleece Tavern. Dr. Williams was sent for, who in company with, his partner, Dr. Sealey, was quickly on the spot. A conveyance was obtained and the sufferer was taken to the Wakatu Hotel where he has been stopping. An examination of the injuries was then made by the two medical men, when it was discovered that-the base of the skull was fractured and that concussion of the brain had necessarily attended it. The symptoms exhibited, though not of the worst character, still leave the hopes of his recovery as very dubious. At a late hour last night we made enquiries, and found that he was still in the same state. The Diggings.—A report reached us last week of a " rush" to the Kaituna diggings, but the spot is of such difficult access, or so long a journey that while two men were working, a third was constantly employed in conveying provisions. The yield of gold is represented as paying well but for this difficulty. We have since heard that up to Friday last twenty-five persona had reached the locality, and that - their earnings have averaged thirty'shillings per diem each man.