MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2109, 7 February 1908, Page 2

MAGISTERIAL.

THURSDAY, FEBRUARY 6. (Before Mr W. A. Barton, S.M.) A DISPUTED HORSE DEAL. Joseph Price sued Tanfati Ivaimoni for £l4, the price of a horse sold. Mr T. Alston Coleman appeared for plaintiff and Mr W. L. Rees for defendant. Joseph Price, contractor To Karaka, said that at the end of February 1902 lie sold a- horse to defendant for £l4. Defendant got possession of tho horse, hut had never paid for it. Defendant said at tho time of sale that he had money coming in dcring the next six months which would enable him to pay for the horse. —By Air Rees : Remembered taking a lease of certain land from Wi Kaimoni. The rental was os an acre. It was not agreed that the price of tho horse should count against the rent owed. Had not occupied the land. Gave defendant a sale-note for fie horse. At various times defendant promised to pay, but did not do so. Re-examined: When the land was i; dividualised he was. to get defendant’s and his father’s interests at 5s per acre. The agreement to lease was in the possession of Messrs Nol.m and Sheet, but it. had been lost. Cut timber on the land but paid for it all. Was served with an injunction by the Native Land Court rc:training him from exercising any rights over the land. For the defence Mr. Rees called defendant who stated that he agreed with plaintiff to set off the cost of the horse against a royalty of Is 6d per 100 ft of timber taken off theland. Plaintiff was to pay £ls per annum for 46 acres of land. About five horses belonging to plaintiff and his brother were running on the land. Plaintiff paid some royalty but no cash for rent. The horse was the only payment he had received for rent. Had never promised to pay for the horse in cash. Plaintiff first demanded payment for the horse about two years after the lease was arranged. —By Mr Coleman: He was a party to the application for the injunction against defendant, because ho had paid no rent. Panapa Waihoki, father of the previous witness, raid that for 15 acres of his and his soil’s land, plaintiff was to pay £1 per acre per year. At the time the lease was made, plaintiff paid witness £5, but he had never received any more. Plaintiff cut timber on a portion of the block outside his lease, but paid ‘nothing for it. About ten horses belonging to plaintiff and his brother were running on the land, and about a year after tho making of the lease witness made a demand on plaintiff for rent. Plaintiff, recalled, said he never had any horses on the land leased.— By Mr Rees: Was cutting on the land off and on for three years. Paid for all timber taken. The S.M. -said that there seemed no doubt as to au agreement having been made to count the price of tuo horse against the rent. He did no: think, however, that- plaintiff should succeed. The lease should have been produced. Plaintiff would be nonsuited. HARE MATENGA. Hare Mater.ga was brought forward on a charge of stealing a horse from Hohepa Kahuroa. Detective iVTaddern conducted the prosecution, and Mr Finn represented accused. Henry McClutchie, junior, said that about five years ago accused offered to soil him a Corse. Got from his father a loan of the money required to buy the horse <£s). A receipt for the amount was indo out in Ready’s store by young Ready, and signed, by accused. The otnmal was a bluish-grey mare, it rad been iu the possession of witness’s father ever since the purchase.—By Air Finn: Did not ask accused to Sell him the horse. Accused approached witness as to purchase, .-.aving lie wanted money- to carry on a cose of his before the Native Land Court. This closed the case for tho prosecution. Air Finn said he desired to call witnesses and asked for ,a remand. A remand till February loth was granted, bail being renewed. A DOCTOR’S CLAIM. Arthur H. Hallen, medical practitioner, sued Frederick Stephens for £5 ss, fees for medical services Tendered. Mr Finn represented plaintiff and Air Stock the defendant. Plaintiff said tiio total chargee in the case had been reduced from 18 guineas to 11 guineas. Six guineas had been paid and the- balance of live guineas was sued for. Defendant lived 12 miles irom Te Karaka. All the visits claimed for were absolutely necessary.—By Air Stock: On tho dates claimed for, had seen other patients in AVhatatutu. Though he had no other patients at AVhatatutu he would have made the visits to Airs Stephens without being specially called on to do so. A remand for a week was granted to enable Air Stock to prepare his case. JUDDGAIENTS BY DEFAULT. Judgment by default was given iu the following cases:—Common, Shelton and Co. (Air Stock) v. H. H. Kilby, £’s Is 11 costs £1 10s 6d; Common, Shelton and Coy (Air Stock) v. Arthur Woolcott, £4 16 Gs, costs £1 3s 6d; Robt. Colebrook (Air T. Alston Coleman) v. AVilliam Rodgers, £ls 2s lOd. costs £1 18s Gd; Albert AI. Lewis (Air Sainsburv) v. ■ John Drapper, £4 18s lid, costs 10s; Arthur H. Hallen v. Frederick Fouly, £lO 10s, costs £2 9s.