Supreme Court, Wellington

Feilding Star, Volume VII, Issue 96, 23 January 1886, Page 2

Supreme Court, Wellington

WIDKESDAY; JANVA»T 21. - , ; ■ - • (Before His iHdnor Eichxnond a j vug of twelve) Svanainge; and^thei&'yi Spratt and otheH— At thei^onclAm^ of the summing up} of His Honor, he submitted the following quastkms to the jury, and the replies are appended: — ... 1. Did Boot^^ree^withtrWjotii^ surrender any right created by the agreement of Ist May, 187^-of laying tramways on Sprait's land during the 'term of^Beveayearsi*Bnd^«rtoa^bex«>--of accepted • 'ffxe /, expressed /in Wyett's fetter onjthe 25th April, 1884? — No. Y'F>'-PT ; p.' : L'H-/\K"> „ ,2.. K3 ; lvo^/andXfe.ylaiJ* / to keep.a properaccotint of 'timber taken fiom fc%ritt^ectionß^Yel. H **> • 3. Did Roots Co; dufy account; for and pay over- to- Dr Spratt's trußteesithe^royaltyl feiE ; totaxaidnd>ri|g| l^enfromDri)pratt'sße^tioii»durmg Corps's LtenanoyilTfrNotai/:.. McoivO. . j; ->4. ■■ IKd Root? miareprepeint to^Wyetfe at their interview on or about 23rd April, 1884, the amount, of royally due to I)r Spratt^s, estate P^Tes. . ; t ( , 5., Ij)id L pßoots, and ~Qo. : and theb assigns cut; up all marketable , timber on Dr Spratt's sections {©xdusjye of white pine) in regular manner as ttey came-to it ?r--Yes. ,- . > , . ; ..yr sa^ Was- there marketable timber on Dr Spratt's section which Boota and Co.andi thek assigns ; might haye cat, and which remained uncut ?W^|s. 6. Had Bell, the time of hia^ur chase, actual notice , of . tjbe ■ exietezico of any^rights of .the, j^pti^Mder the ageeemerit t>f Ist J^ay., iof%joojb terminable at the will of Spratttsfrustees?-^ 1 :* _ V -7;. Jjtflk inte^nrup*^ba|B|B!Bs cjf jfehe old iramway otherwifle. s than by th« obstruction of the W' July, 1883?— Tjtiti'^- <r//. .:•?■•' t?/ ;- f .r/* >rj OUT?" 8. Bid Beß-'eVer interrupt {he use of the new tramway through section 43? .jifoi " r ? " > fV ''= j : f^' ' - r - i i r 9 the ; aboW -find&gtf Court is .of opiniom that the^< plailtiffii - are entitled to judgment against: tfte: defendants., . Spratt, j^yett,'. and PhiLUps, we assess damages at the sum of £550. 5 -:- ; , ?i^JThe. jury intimated ;tsat thgy did not award any, damagesr as agaioflfe the^dejfendant RbII,. but JBj who. appeard foi him, conaent&4> as & matter fof cpnven?enpe^ a' vfi^iict for a farthing being entered /up, "without Later on, Mr Bell asked leave to move at the proper time, m^t reference to the verdict : entered \rvv~, thedefeiidant/Bell, that ft ( jnigiit be set aside, as his clients might have to .pay the costs which B^U had iricurFed." His Honor smdihat verdict batl been allowed by cohseht, and he presumed Mr Travers would, not object to paying his share of the coster Tfie case was reserved for further consideration, on. the understanding that his Honor Was to be at ÜbeVty %<*_ convsidor the inferences of facts arising ■mi of 'the n.ilirig* of tha ? jury.l^f.'» -TiUiCS. '•'■;: ■:> ■■- iP :.■' :■■>■: