DISTRICT COURT. —This Day.

Auckland Star, Volume VI, Issue 1686, 14 July 1875, Page 2

DISTRICT COURT. —This Day.

(Before Hia Honor Judge Beckham.)

AUCKIAXD nrPROVEMIET COMMISSIONERS V. WILLIAM MLL, AP.CHABA.LD TUDEHAPE, - A*D JOHS HARKTSR. Claim £100. trover.

Mr H. H. Lusk appeared for plaintiff, and Mr J. B. Ptussell for defendant.

The case aroße out of the removal of two building in the Albert Barracks reserve, claimed by the Improvement Commissioners who had given tie defendants special noiice not to move them.

The chief plea for the defence was that the defendants had the authority of the Government for doing what they had done. Mr J. B. Russell took a preliminary objection to the right of Mr Lusk to appear, which he asked his Honor to take a note of. It was a moot point whether, constituted as it was, the Improvement Commissioners could appear, in Court in any firm. R. H. S*evenson, secretary to the Improvement Commissionerr, deposed that one of the buildings was known as the Artillery drill-shod, inside the Barrack wall. The other wr.s outside tbe Barrack wall, and was used as a stable by PergS -Major Waiohonse. Neither of ths buildings mentioned adjoined the Volunteer Drill-shed. The stable was twenty or thirty yards off, btrilt in an nmjle of the wall, and the other was just inside the wall, close to the stable. In 1572 a Bill was passed by the Assembly to give the Commissioners additional powers The Commissioners entered into an agreement with Sir Donald McLean for the removal of the Drill Shed which had been carried out. He saw one of the contractors, John barker, whilst the artillery-shed, claimed by the Commissioners, was being removed, and told him the building belonged to the Commissioners. He had previously given written. notice. He told Mr Harker to stop. He was stealing the property of the Commissioners. Mr Hacker refused to desist and witness sent for a constable who stopped him. Subsequently the contractors men came again and took away the remainder of the building. Tbe constable again stopped them. All the building had since been removed bat a few rafters. An iron fence extending from the barrack wall to the drill-shed was also taken. He did not know the value of the property taken away.

To Mr J. B. Russell: He did not know what the buildings had been used for. He had heard horrible sounds proceeding from them ; half-a-dozen people blowing instruments in half-a-dozen keys. It was his duty to know the persons who occupy the buildings which the Commissioners claim. The Colonial Government occupied it. He had heard that the shed was used as the Volunteer Artillery drill-shed. The Commissioners had never received rent or asked for it.

Mr Goodall, engineer, was the next witness examined.

The case was protracted by legal points continually cropping out, and had not concluded whea our reporter left.