RESIDENT MAGISTRATES COURT.

West Coast Times, Issue 603, 30 August 1867, Page 3

RESIDENT MAGISTRATES COURT.

(Before Gk Q-. KtzGerald, Esq., R.M.) ' Thtjesday, August 29. Vagbancy. — James Davidson, alias Smith, was charged with obtaining, by false pretences, from Duncan M'Lean, storekeeper, of Greymouth, tbe sum of fifteen shillings. Detective Dyer stated that he arrested the prisoner on a warrant (produced) issued by the Greymouth Bench. The warrant was shown to the prisoner, and he admitted that he was the person charged therein. His worship remanded him to Greymouth. Assault with Intent. — James M'Kenna was charged with this offence, and remanded until Monday. CIVIL CASEP. Savage v. Dooley. — Plaintiff sought to recover from the defendant the sum of LI, the value of a cane. The plaintiff deposed that he left his cane in question at Mr Mee's Hotel. He afterwards saw it, on more than one occasion, in the possession of the plaintiff. He had several times requested the defendant to deliver up his cane, but he laughed at him. John Dooley deposed that the cane was given to him by Mr Mee. The plaintiff met him in the street and claimed the cane. Defendant informed him that Mr Mcc had given it to him, They both proceeded to the Golden Age, and he (witress) handed Mr Mcc the cane in plaintiff's presence. Mr Mcc remarked 4 " +he time that the cane did not belong the plaintiff. The case was adjourned till the 30th instant, in order that the evidence of Mr Mcc might be taken. Royan v. Lynch. — Mr Button for the plaintiff, who, as manager of the Maori Gold-Mining Company, sued to recover from the defendant the sum of LlB 15s, amount of three calls due on fifty shares, held by the defendant in the above mentioned company, at 2s 6d per share. The plaintiff was called, and stated that he was the manager of the Maori Reserve Gold-Mining Company (Registered). The defendant, who was a director, owned fifty shares. On the 27th June last, due notice was given by advertisement that three calls, of 2s 6d each, were made, payable sixteen days after date at the office of the company. Application had been made to Mr Lynch for the amount of the calls due, but he had refused to pay it. Cross-examined by Mr Lynch — "Witness is still acting manager ; he was manager when the advertisement was inserted. He had tendered his resignation, but the company refused to accept it till the claim was bottomed Richard Reeves deposed — that he was a director. Mr Lynch holds fifty shares in the company. In June last three calls of 2s 6d each were made. Mr Lynch proposed them, and sent the advertisement to the paper. Royan was the manager of the company when those calls were made. Mr Knox was appointed secretary only at a salary of LI per week and 5 per cent, commission on the amount of calls collected. Cross-examined by Mr Lynch — Royan was manager when the calls in question were made. He had sent in 'his resignation, but it was not accepted. — The defendant, Daniel Lynch, was then sworn, and deposed that he was a shareholder only in this company. There were, he believed, fifty shares in his name, thirty of which, belonged to himself and twenty to his partner (M'Guire). He had paid all mils up to the time of Royan's resigning the managership of the company. Royan was no longer manager. Mr Holies Knox was appointed manager in his stead, and he also had resigned the appointment. Defendant did not deny his liability, but he refused to pay until he know who was the proper person to receive the amount of the calls. Crossexamined by Mr Button — He believed the company was in debt. Mr Reeves had informed him that the directors had given acceptances to the bank for money advanced, but that unless they were taken up at once the directors would be sued. He did not know that he was a director. He had never acted in that capacity. He attended a meeting but as a shareholder, and not as- a director. M'Guire was called, and stated that he had seen Royan's resignation, and further that it was accepted by the directors, and another manager (Mr Holies Knox) appointed in his stead. Witness was under the impression thai he was one of the directors. He applied for and obtained shares before his partner made application for any. He believed a minute was made of the fact of Mr Royan's resignation being accepted. A — His Worship here remarked that, under those circumstances, he would adjourn the case till the following day (the 30th), in order that the books belonging to the company might be produced. Louisson v. Klappe and Kortegast. —Mr South for the plaintiff. Mr Button for the defendants. In this case the plaintiff sued as assignee of the estate of Marks and Isaacs. It appeared that Mr Klappe, when a member of the firm of Klappe and Kortegast, gave a Mr Fikeison a letter to Messrs Marks and Isaacs which ran as follows :— " Please let Mr Tickerson have what he requires, and I

will be security for the amount. — Klappe and Kortegast.'' On the strength of this guarantee goods were supplied to Mr Fickerson to the amount of L 33 3s 9d, which sum Mr Louisson, as assignee of the estaie of Marks and Isaacs, now sought to recover from Klappe, Hyam Marks was called, and stated that after the goods had been supplied, he met Mr Klappe and informed him that the goods had been supplied on the strength of his guarantee handed by Fickerson to his witness' then partner Isaacs. Witness did not show Klappe the guarante?, but Klappe remarked " all right," and witness inferred that he would pay for the goods if Fickerson did not. Mr Louisson stated that he had had a conversation with Klappe, in which he admitted that he was responsible for the amount of the goods • supplied to Fickerson. Ho stated that he was not in a position to pay off the amount, but offered to give his acceptance for the amount of the claim aud costs. Witness stated that he did not wish to press him, but as he was a stranger to him he had no objection to take his acceptance, endorsed, at two months. Klappe stated that his late partners, Kortegast Bros., would back his acceptance. The witness accompanied by Klappe proceeded to Kortegast's Hotel. Some conversation took place in German between Klappe and. the Kortegasts, which the witness did not understand. Whether the Messrs Kortegast's refused to endorse the acceptance he could not say, but Mr Klappe 'did not give him any acceptance. After hearing a few remarks from counsel on either side, his Worship stated that from the evidence he 'did not see how Mr Louisson could sue in this case, but he would reserve his judgment till the following day. The Court was then adjourned till 11 o'clock next day.

The following report upon the Dunstan district is taken from the Otago "Times :" — "Mr Warden Robinson, writing under date July 31st, says : — A rise in the rivers has again disappointed the hopes of many who, seeing that its waters were lower this season than for the last two years, had reckoned upon being at last rewarded with the pile that diggers dream of. In the early part of the month the rivers were exceedingly low, and many miners were induced to flock to the beaches of the Molyneux and Kawarau from the surrounding country, and especially from the mountainous and inclement regions of Campbells and the Nevis. Such as were fortunate enough to at once get to work were in mast instances well rewarded for their labor ; but those who lost time in looking about for likely spots were, in too many cases, obliged to be satisfied with very little. The banks of the rivers still show a tolerably large sprinkling of tents and huts, occupied by miners, who either have stuff raised to wash up, or else hope to see the waters subside again, for the level is still low ; and it is quite possible that there may be a further fall. At the Nevis the breaking up of the frost is again allowing the sluicers to get to work. Several parties of Chinese have made their appearance on the Nevis, and propose to work the bed of the river. The Chinese may now be said to have fairly spread themselves all over the district ; not only are they working the beaches and banks that first attracted them, but they are setting in for works of a more permanent nature, and in some cases bringing up water races. Referring to water races, I regret to have to notice that two large race properties have this month been sold under executions. That of the Ida Valley Co. Mas sold at Clyde, and realised only L 484; and that of the Rose, Thistle and Shamrock Co. sold at Alexandra, for LllO. In both cases the prices were .most astonishingly low, and the fortunate purchasers can hardly fail to make money by tho bargains. A large race is being brought in by Kelly and party from a stream about Cromwell, and will, \#ien completed, bo a very material addition to tke resources of that portion of the Goldfields. Dredging continues to be regarded as one of the most surely profitable methods of working for gold. Another new dredge is being built at Clyde, and will soon be ready for work. Prices at Clyde may be quoted as follows : — Flour, per ton, L2B ; sugar, per lb, 6£d ; tea, 3s ; butter, 2s 6d ; bacon, Is 6d ; potatoes, per- cwt, lls ; oats, per bushel, 7s : chaff, per cwt, 10s ; meat, per lb, lOd. The estimated population of tho district is — Miners, Europeans, 850; Chinese, 250Following other pursuits, 700. . We learn lrom the "Southland Times," that that portion of the Bluff Harbor and Invercargill Railway, situated about two miles from the BlufF, sufl'ered some damage during a gale from a rush of water, and a report was circulated that traffic was to be suspended. This was proved to be incorrect. A portion of the earthwork was carried away, but a few hours sufficed to repair the damage, and the trains ran as usual during the day, and notwithstanding that the gale has increased in violence from that time to this, tho traffic on the line has not been impeded.