RESIDENT MAGISTRATE'S COURT

West Coast Times, Issue 604, 31 August 1867, Page 2

RESIDENT MAGISTRATE'S COURT

(Before G-. G-. FifczGerald, Esq., R.M.) Friday, August 30. Manslaughter. — Griffith Jones was brought up, charged with the manslaughter of John Smith. The prisoner was remanded till Saturday, the 31st inst. His Worship intimated to the prisoner that the charge of " assault with intent" was withdrawn. Obtaining Property by False Pbetences. — George Charles Colgan was charged, on the information of Detective Dyer, with obtaining, about the month of January last, from Robert Nay, of Gaulowong, in the colony of New South Wales, by means of fake pretences, thirty head of horses. Richard Dyer, being sworn, deposed that he arrested the prisoner on the 29th instant on a charge of obtaining property by false pretences. Prisoner said he was astonished at Mr Nay issuing a warrant for his arrest, as he had taken his (prisoner's) acceptance in payment for the horses. Prisoner also said he had written to Mr Nay several times on the subject. Witness stated that he had known prisoner for the last seven years. He was aware that a warrant had been issued for prisoner's apprehension. By the prisoner— He had never known him during the last seven years to do anything wrong. The prisoner was then, at the request of the police, remanded till Friday, the 27th day of September next. Bail to be taken : prisoner in LIOO, and two sureties in LSO each. Breach of Police Ordinance. — John Graham was fined 10s and costs, for being the owner of an unregistered dog. Beeach of Police Ordinance. — Alexander Singer was fined L 2 and costs, for neglecting to keep clear the chimney of his house. Beeach of Police Ordinance. — James O'Malley, for depositing stable manure upon a public thoroughfare, viz., Stafford street, was fined 10s and costs. ( Destruction of Pboivekty. — Tait Brothers were charged, on the information of George Cozens, with wilfully destroying his property to the amount of four .pounds. The complainant stated that he was informed by his tenant that the defendants had removed a closet that was standing on his (complainant's) section, and were breaking it up. The defendants informed him it was a nuisance, and that it stood on their ground. The defendants had previously objected to the closet, and wrote complainant a letter requesting him to remove it. The matter was referred to the Inspector of Nuisaaccs, but he declined to take any action towards its removal. James Fletcher was called, and stated that the value of the closet was about ten shillings. One of the defendants proceeded to ask witness some*questions with the object of proving that the closet in question stood upon their ground, but his worship stopped him. The defendants did not deny that they had removed the closet. They had done so because the closet had stood on their ground. His worship stated that if the defendants objected to the closet they should have summoned complainant in the Warden's Court to remove it. Defendants did not deny but it was the property of the complainant, he would therefore order them to pay the complainant 15s for the damage done, and costs. CIVIL CASES. Savage v. Dooley. — This case was adjourned from the 29th inst., in order that the evidence of Mr Mcc might be taken. The defendant called Mr Mcc, who stated that the stick (produced) was used by some person in his house, who was lame, and when he went away the stick was left behind. Mr Dooley called at the witness's house some time afterwards, and, as he was suffering from a bad foot, the witness gave him the stick. — The stick was produced in Court, and resembled more a " swingle-tree" than a walking-stick.— His Honor gave judgment for the defendant with costs, remarking that the plaintiff ought to be ashamed of himself to have brought such a case into Court. Louisson v. Klappe and Kortegast. — In this case (adjourned from the 29th inst.) his Worship nonsuited the plaintiff with costs. ltoyan v. M'Gnire. — This case had also been adjourned from the 29fh instant in order that the minute book belonging to the company might be produced. Mr Button produced tho book ; it contained a minute to the egect that at a meeting of directors Mr Holies Knox was appointed manager of the company, and in the event of his refusing the appointment another manager was to be appointed. Mr Button drew his Worship's attention to tho fact that under the " Mining Companies Limited Liability Act " a meeting of the shareholders only could appoint a manager. That power was not vested in the directors. His Worship stated that in his opinion Eoyan was the legal manager. From the minute (which was not signed, and consequently worthless) it appeared that it was at a meeting of directors that Mr Hollos Knox was appointed manager. Under the Act the directors had no power to appoint a manager. Had Mr ICnox been appointed at a meeting of shareholders the case wfcukl have been different. Judgment was therefore given for the amount claimed (LlB 15s) with, costs. Mr South, who had been instructed by the defendant since the case was adjourned (on the 29th inst.), applied for a re-hearing of the case, on the ground that the defendant had that morning heard of fresh evidence, which he was in a position to adduce, to the effect that Boy an was not the manager of the company. Mr Button, for the plaintiff, replied to Mr Souths application. His Worship remarked that Royan had distinctly sworn that ho was the manager. Mr Reeves had been called and had also given evidence to that effect. The application was refused. Tho Court was then adjourned till eleven o'clock next day.