DISTRICT COURT.

Evening Star, Issue 3827, 31 May 1875, Page 2

DISTRICT COURT.

Monday, Mat 31. (Before His Honor Judge Bathgate and a jury of four.)

Judgment was given for plaintiffs by default in the following cases -Buttorworth Brothers v. J. Negal, claim L9I 17s 4d, balance of account for drapery supplied. Mr Haggitt appeared for plaintiffs. M'George (Black, Thomson, and Co.) v. Malcolm Clowe, claim L14210s 9d, for timber. h(r Aldridge for plaintiff. Mathison v. Macandtew.—Claim LBO 3s sd, for certain work done in connection with contract 829, Green Island Branch Kailway.—Mr Barton appeared for plaintiffs, Messrs G. and W. Mathison, contractors; Mr Stout for defendant, who was sued as Superintendent of the Province. Defendant pleaded that he never agreed to pay plaintiffs for the items claimed; that no certificate in writing has ever been given by the engineer for these items; that the amount claimed is not due by defendant; and that defendant is not indebted to plaintiffs in any amount whatever in respect of the said contract.—Mr Barton opened the case, stating that the claim was for excavations, forming foundation for a new culvert, not provided for in the contract, and other extras.—George' Mathison, one of the plaintiffs, said he made contract No. 829 with the Government for L 5.739 15b 7d, the full amount ef which they had been paid. Extra work amounting to L 360 was afterwards done, and part of this, including the masonry work of the culvert, was paid for. Witness bad, when doing some of the excavating now charged for, used some of the earth taken out; and for this reason the engineer declined to grant a certificate. [Mr Stout here objected to the reception of evidence with respect to extras that had not been authorised in writing]. One of the extras was the diversion of the Kaikorai stream, which, after completion, was measured up as an extra. Mr Simpson, the Government enS'neer, was often out at the works and must ive seen the extra work going on. Ob witness applying for payment _ nothing was said. [Mr Stout objected to any evidence as to conversations, and his Honor took a note of the objection.] Mr Simpson said he would not certify for the extras, as some earth bad been used by witness in the embankment. The orders for the extras came from Mr Simpson, through Mr Todd, the inspector, and Mr Simpson had acknowledged them all, though not m writing. On applying for payment witness was offered only L 5 18s. Cross-examined: The voucher produced was signed by witness on receipt of the last payment made to him for extras; but, though it says “in full for all demands in connection with contract 829,” witness told the Treasury clerk that it did not include the items now claimed. Nothing, had been paid on account of the foundation excavation or for the division of the road. [Left sitting.]