TAURANGA R.M. COURT.

Bay of Plenty Times, Volume IV, Issue 336, 27 November 1875, Page 3

TAURANGA R.M. COURT.

Wednesday, November 24, 1875. (Before Major Roberts, E.M.) C. f ATJIENEE V. LOBCII. Claim £4 10a for freight to Katikati. Ro appearance of plaintiff. Case struck out. BAKAHA V. GBEGOQV. Claim £4loa for trees out down on plaintiff’s land by defendant. Plaintiff deposed that he had brought tbe present action-for.trees destroyed oa bia laud

in the Oropi bush, and that ho had asked for payment and hud boon refused, The laud had been given him by the Government. Pumai-e deposed that he saw the timber split by the defendant and his males, and that he know the trees fallen Were upon Kanaeia’s land, and that they were r-ff the read. Four tp es were fallen by defendant, lie had told defendant to leave the timber where it was cut down, but he had not done so; he had also asked payment for it. In reply to defendant, witness stated that the trees wore more than ha!f-:vehain from tho road, and in reply to tho Court witness was unable to slate tho height of the trees, nor could lie say how much timber there was iu them. Mr Hopkins Clarke proved tho 'plaiutiif’s tittle to the land on which the trees cut down were situated. Defendant stated that his witnesses were not {'resent, and pleaded that tho timber was on the lino of road. He bad got sixty*four posts in nil and the sum asked was altogether more than the value. Tho Court decided that tho evidence proved the trees were on plaintiff’s land, and had been cut down without his sanction. Judgment was accordingly given for plaintiff for full amount and costs. G. VESfiY STEWART T. S, GOSS. Claim £4 for balance due for tho erection of a raupo house at Katikati settlement. G. Yesoy Stewart deposed ; Mr Goss (with all the other special Katikati settlers) gave me an order to erect a raupo bouse at a cost not exceeding £lO. I received £5 on account, and Mr Goss promised to pay mo tho balance on arrival. I sent out tho orders from Ireland as I received them to Captain Turner, and requested him to have the best value possible provided for the settlers in the shape of houses. Captain Turner acted upon my instructions, and whares were built as ordered, by Mr Peter Grant. After several interviews on the subject, and with the consent of tho principal settlers, 1 finally closed with Mr Grant at £9 per house, PI under original undertaking, I paid Mr Grant £4 for each wharo on the spot, and now I ask Mr Goss to repay mo tho money I paid for him. By defendant; The orders wore sent out iu order as they were received. Every one selected their own whares. There are 86 whares, and 36 gave me orders. Four settlers have not given me orders. There is one vacant whare at the (Jretara. All the av hares at the Uretara are not occupied. If tho whares are not all occupied it is because all the settlers are not on the ground. One was taken for each. I told you I sent out instructions to Captain Turner to put tho whares contiguous to each other. The interview relative to the whares was held in this building. Tho settlers told each other of the meetings. It was decided at first to give £B. Mr Mulgan proposed to give £9, Ido not know if the proposal was seconded. Tho whares were built by contract. I have not got tho contract with me. I got no notice to produce it, I told you that proper whares were warm and comfortable. Mr Stewart handed into Court the order referred to by him.

By the Court: There is an unoccupied bouse at tho Uretara and another at tho Reretukahia. Tho wharo referred to is on tho Katikati block. Mr Peter Grant deposed : I put up the whares lor the settlers. Mr Stewart paid me £9 each for them. There are two whares vacant at the Uretara. The whole of tho 36 whares are built on the banks of a river for the convenience of the settlers. By defendant: lam in one of the whares at the Uretara, but of course I should leave if the wharo was wanted. The other is empty. My terras with Mr Stewart were that the whares should be well built according to tho Maori stylo. To my knowledge no two whares are occupied by one settler. Mr Goss deposed: There is no wharo for me at tho Reretukahia; there are plenty of settlors to take up all the whares in the immediate neighbourhood of the Uretara; wore I to have a wharo at the Uretara I should have to walk eight miles to my land, whereas the whare which was built for mo is about three miles from my land ; I am therefore offered one at the Uretara; the whares at the Aon gate te which are those nearest my land are not near tho Katikati settlement according to that agreement produced ; they are not within a mile and a half of it; the whares are not built according to the contract which was entered into; I can state that I had to move twice in one night out of the way of the rain ; one of my friends described it as like being in a hamper ; the whares in some cases have also had to be tied down ; the proposition to pay £9 for tho whares was not seconded. .By Mr Stewart: I consider it honest that you should pay the £4 for mo, and I should not pay you back ; I sent down some potatoes to the Heretukahia; Mr Wilson kindly allowed me to put them in bis whare ; I did not take a whare at the Reretukahia thou because I did not want it; X do not know that there is one vacant now; lam not aware that tho Katikati block extends over 60,000 acres; I sent down a few tools as well as potatoes; I sent them down because a boat was going there and nowhere else; there was no boat going to the Aongatete at the time or for weeks afterwards that lam aware of; I sent down the potatoes and tools for my own con* venience; I intended then to work my land, and still intend to do so; I brought back my things because I did not want them at tho settlement at the time.

Mr Trimblo deposed i I have slept at the wlmres at tho Katikati; I should say they were neither wind-tight or watertight} I bad to put up posts one night to prevent a whare being blown over. By Mr Stewart: The whare belonged to Mr Tanner; Ido not know the place ; it was not at the IJretara, Aongatete, or Rerotukahia ; my son occupies a whare belonging to Mr Irwin j ho says it is comfortable ; X know tbe whares at the Aongatete; lam no judge of the value of whares, but I do not consider them comfortable; T have not paid my £4 yet, but I expect to do so; Ido not consider ’it right you should have to pay the £4 per whare; lam not personally interested in this case at ail. Mr E. C. Goldsmith deposed ; I have slept at the whares at the Reretukahia and Uretara; I do not consider them wind-tight or watertight ; they are not built in my idea as the Maoris would build them; By Mr Stewart: If the whares were lined it would certainly add considerably to their expense ; I could not say whether if they were lined good houses of that size could be built for £9, it would depend upon circumstances. By the Court: Three sets of the whares are on the block ; soma are at Tuapera, Roretukahia, and Uretara.

This closed the evidence. The Court adjudged—that as from the evidence adduced a raupo whara had been erected and placed at defendant's disposal, in terms of his authority, judgment would be given for plaintiff for the full amount, and costs, £Q 14,3.