RESIDENT MAGISTRATE'S COURT, CROMWELL.

Cromwell Argus, Volume III, Issue 122, 12 March 1872, Page 6

RESIDENT MAGISTRATE'S COURT, CROMWELL.

Thursday, March 7. (Before E. If. Carew, Esq., R.M.) CORPORATION OF CROMWELL V. 0. JENOCTR. This was a suit to recover from the defendant the sum of £29 Os. Sd., being the amount of award and costs in the arbitration made between the parties. Mr Wilson, for the defendant,. pleaded " Not indebted." Mr Brough, solicitor to the Corporation, stated the circumstances which led to the present action. The matters in dispute between the Corporation and the defendant had been repeatedly before the Court, and on the last occasion judgment had been given in favour of the Corporation tor £l7 odd. Mr Pyke, in giving that verdict, -had suggested that the dispute should be settled by arbitration. To this suggestion the parties agreed, and on the 18th of January last an agreement was drawn up and signed whereby the whole question was referred to°the decision of Messrs John Marsh and Duncan MacKellar, as arbitrators for the Corporation and the defendant respectively. On the 3rd of February the arbitrators concluded the investigation and submitted their award. The defendant, it appeared, was dissatisfied with the award, and asked to be furnished with a detailed statement as to how the arbitrators arrived at their decision. The defendant had offered to pay £lO in settlement of the claim. Mr Brough quoted the last clause of the agreement referred to, which bound the parties to abide the result of the arbitrators. He then called

Harry Waddington Smythies, Town Clerk, who identified the agreement signed.

Mr Wilson raised the objection that the document was a deed, not a simple agreement, and was therefore insufficiently stamped. This objection was afterwards waived. His Worship decided that the award was sufficiently stamped, but not so the submission. Mr Brough said he would pay the fine, which was the twentieth part of a shilling. Mr Wilson further objected that the stamp was not properly cancelled. It was requisite that both parties should cancel the stamp at the time of signing. He also argued that payment of a fine for insufficient stamping did not ".cure" an agreement: defective stamping rendered it absolutely invalid. The Bench overruled this objection. Duncan Maelvellar, called by Mr Brough, certified to the finding of the award, and to the arbitrators' decision as to payment of costs.

Mr Wilson objected to the award being received : it was improperly stamped. The Bench decided that payment of the penalty (2s. (3d.) for insufficient stamping could he received ; and the document was then admitted as evidence in the case. John Marsh, who had acted as arbitrator on behalf of the Corporation, was examined, and gave evidence of a formal nature.—ln rep'y to Mr Wilson, witness stated that his coadjutor

and himself had not appointed an umpire before proceeding to arbitrate. ][. W. Smythies, recalled. —The amount of the award is still due to the Corporation. This was the plaintiff's case.

Mr Wilson, for the defence, said that his client had had no opportunity of applying to have the award made a ride of the Supreme Court, which was the proper and usual course to adopt in such cases. The Corporation were premature in taking action in the Resident Magistrate's Court : any proceedings taken to confirm or set aside an award made by arbitrators must be by a rule of the Supreme Court. The submission in this case, if brought before that' Court, would be set aside. Mr Brough, in reply, submitted that the case must go in favour of the plaintiffs. The parties were bound by the agreement to abide by the result of the arbitration. There was nothing before the Court to show that the action taken by plaintiffs was premature. Mr Wilson asked whether his client would be furnished with particulars of the arbitration? His Worship : I cannot go behind the agreement to ascertain particulars as to how the award was arrived at. I have no alternative but to give judgment for the amount claimed and costs. In order, however, to give the defendant an opportunity of obtaining a rule of the Supreme Court, I will order that execution do not issue until the expiry of one month from this date. Mr Brough asked for professional costs and witnesses' expenses. His Worship acnuicsced, and entered a verdict for £3 I Os. Bd. in all. C. AND W. COLCLOUGII V. THOMAS lIORRIGA3T. Claim for £49 Os. (hid, amount of a dishonoured acceptance. Mr Brough for plaintiff. Mr Wilson, on behalf of defendant, pleaded "Never indebted," stated that the claim involved the splitting of an action, and applied for an adjournment of the hearing to enable his client to defend the action. The summons had only been served on the previous Tuesday. [ rhe learned counsel here gave utterance to some extremely bitter remarks concerning Mr C. Colclough, and made an assertion which the latter felt himself called upon to contradict in plain terms. This was an insult not to be borne by the learned counsel, who intimated that until Mr Colclough apologised to the Bench, for giving him the lie direct," he (Mr Wilson) would not again practise in that Court. The plaintiff, by direction of the Bench, tendered an apology, but deprecated the attempt made by Mr Wilson to prejudice the Court against him.] Mr Wilson then stated that at the last sitting of the District Court at Clyde, the plaintiffs had sued the defendant for a large sum, and got judgment for about £l7 : if that were admitted, amlif it were proved that the present suit involved the splitting of an action, the plaintiffs could not recover a farthing.

Mr Brough said the case was brought to recover tlie amount of a. dishonoured acceptance, lie would not object to an adjournment, provided the plaintiffs' costs were allowed. Mr Wilson demurred to the payment of costs. His Worship said he would adjourn the hearing until that day week, so as to give the defendant a fair chance of defending the action. Costs would not bo allowed. In cases where claims were over £2O, at leist four clear days should intervene from service of summons to time of hearing.