AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VII, Issue 658, 3 November 1882, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, October 31

Before Justin Aylmer, Esq., K.M.

.J. HAMMOND V. P. SIIADBOLT. On being questioned by the Bench, Shadbolt said that no agreement had been arrived at. He had offered Mr Hammond a pound a chain, which he had refused. The Bench said that they must give judgment for defendant with costs. Mr Hammond had been foolish not to accept the offer, as he had no legal right to anything, but they had thought that from a sense of equity something might have been arranged, as there was no doubt that Shadbolt must benefit by the fence to a certain extent.

Pa'vson v. T. Mould. Claim £36 10s for timber.

Mr Nalder appeared for defendant, who pleaded that he had discharged the debt in full by payments to a partner of plaintiff's, named Nash, and contra to Mr Pawscn.

W. Pawson, sworn, said that he had entered into a contract with defendant to cut some timber for him. The price agreed on was the £36 10s sued for. He engaged a man named Nash to help to cut it, but he was not his partner, and had no interest in the contract. When the work was done Nash sent in his account to him for what he had done, and he paid it, so that he had a right to the whole amount.

By Mr Nalder: I do not know if after begining the work N'ish gave an order on Mr Billons ; I was cutting for Mould, and not Nash at all. I have received a bill from Mr Mould for £28 odd. I admit that bill is correct, I sued for the whole, because I was told it v/s\3 the proper course to pursue, but I have no objection to Mr Mould's bill being calculated as a contra. By Bench : Paid Nash in goods and money, a •': have his receipt. T. Mould, sworn, said that he agieed with Mr Pawson about having some timber cut. The contract was taken by P uvson. A few days after Pawson came hi.,,, and said that he and Nash were going to cut tho timber. A few days )>fter Nash aski'd him if Pawson Intd spoken to witness re-garii.-ig his helping him to cut the timber. Tie had understood that Nash and P-iwson were puriners, and had in consequence of fiat belief; paid Nash more than hal

the £36 10s claimed, in maat, money, and orders. He had paid an order on Mr Billens for £2 4s 4d, and another on Mr Wnllnro for £2 odd, and theu there was his private account for meat. Nash became a bankrupt. He .would swear that Pawson called on him and said be and Nash would cut the titnt.er. Witness would never have thought of trusting Nash to the extent he did had he not thought they were partners. When he paid Mr Billens' order he told Mr Pawson ho had advanced the money, and Mr Pawson never objected till after Mr Nash filed.

Mr Piper deposed it was the custom to pay mates equal shares when they were cutting timber together.

Henry Billens deposed that the order produced had been paid by Mr Mould. He understood at the time that it was given as part payment for some timber that Nash was cutting for Mould. Joseph Nash said he hart cut the timber in question for Mr Pawson. He was Mr Pawson's servant, and not his partner, and Mr Pawson had paid him the full amount. He had not been paid by Mr Mould. Mr Mould had given him an order to Mr Billens to get things, but that was not in consideration of the timber at all, but of £4 10s he owed him for twelve days work he had done for him at 7s per day.

Judgment for £8 8s 4cJ, being amount claimed, less Mr Mould's contra, agreed to by Mr Pawson. SNOW AND ANSON V. JTPHAIL. This case, adjourned in order that Messrs Piper and Wilkins might visit the country, was called on. A report from the gentlemen mentioned above was handed in.

The Bench said that they should think that a suggestion in the report that they could save no less than 160 chains of fencing, out of a total of 230, by exchanging land, was one that ought to be acted upon.

After a little further explanation the Bench adjourned the case till 11 a.m. on the following day, in order that the arbitrators might be able to settle the matter between the contending parties. The Court then adjourned.