DISTRICT COURT.

Globe, Volume XXIV, Issue 2630, 11 September 1882, Page 3

DISTRICT COURT.

Monday, Sbptbmbbb 11. [Before His Honor Judge Ward.] yOBD AND OQDON T HUTCHINSON,

This was an action to recover £192 6s 9i, for goods sold and delivered. Mr Wilding appeared for the plaintiff, and stated there was no defence; that £127 bad been paid on acoount, and he would now ask for judgment for the balance. About £lO

or £l2 was disputed, and the £127 was only accepted on the ground that the balance would be paid. Noah Andrew, bookkeeper to plaintiffs, stated that the original debt was £192 5s 93 ; that £65 5s 9d was and is still unpaid. Judgment for £65 5s 91 and costs. TSUSIBB IN BANKRUPTCY OP J. H. MALONfI T DBSBOBOTTGH. This was an action to recover £99 12i 4i, for money alleged to have been reoeived by defendant, and payable to plaintiff. This oase was adjourned on the application of Mr Izard, in oonsequenoe of irregular service. NOBHAN V THB QTJEBN. This was an aotion to recover £l4 14j 3d as compensation for loss of time. This oase was adjourned for one month on the application of Mr Joynt, who stated that Mr A. D. Smith was too unwell to attend. Mr Joyce concurred. [THOMSON Y OXPOBD BOAD BOAED. This was an aotion to reoover £77 10j damages. Mr Stringer for the plaintiff ; Mr Harper for defendants. Mr Stringer stated that the plaintiff is a farmer residing at Oarleton ; that the defendants bad to altered drains running through his property whereby oertain fences were destroyed and land washed away. James Eliot Thomson deposed that he was the plaintiff in this case, and is the owner of oertain lands at Carleton. The defendants made several draics whioh out the Government drain. He had sustained a good deal of damage by their aotion, inasmuch as he could not plough his land, and portions of his fences were carried away by the water that came down these drains; the soil, too, ii being gradually washed away, and seeds of gorse and weeds are deposited on his land. In June and July last he sustained considerable damage, his fences being washed away. From ten to fifteen chains were washed away; 15s a ohain is a fair price for it. His land, too, was scoured vito holes, and filled with stones, ke. A lot of twitoh grass was also washed into the land, and this is almost impossible to get out again. If he attempted to oultivate he would be liable to have it all washed away. Twentyfive acres is thus damaged. His loss he estimated in consequence of not being able to cultivate it for two years. He had held the property about two and a half years. The drains were then made, the drain emptied itself into the Oust, which, silting up, backed up the drain, which is 15ft wide. The river being only 2ft wide in places. He repeatedly requested the Board to open up the (Just, but it was not done.

Cross-examined by Mr Harper—He leased the land about two and a-half years ago. Is still a leaseholder, but there is a covenant to purchase. Did not know when the dm-'m were made. The seotion damaged is gcoi soil. Was flux land. It did not look like deposited or swamp soil. The sub-soil is day in places, in other parts shingle. His land slopes up from the Cust. There is not always water flowing in that river. It is in summer a series of water holes. He looked i > the Board for redress, because it was owing to the drains being improperly made that bis land was flooded.

Ee-examined—The neighboring land to his was gradually getting worse, and more like a swamp. The little dam he had made in the Cust was made by him to water his horses, and did not affect the drainage at all. George Curie deposed that he was a farmer residing at Otrleton, and was previously manager for Messrs Wilkin and Co., on their Carle ton station. He had known Thomson's land for fifteen years. About ten or twelve ohains of fencing had been washed away on that property. It was worth about 10s a chain to erect it. Some of the land was sooured away. About twenty-five aores had been flooded, and could not be cultivated. Previous to drains being out, the Oust could take all the water that came down, because it came slowly, owing to the peaty nature of the country, and the nvtnber of bog holes to be filled up'; but now it came with a rush, and consequently often flooded the lend in question.

Cross-examined by Mr Harper The Oxford nif'n drain, or EJ'is' drain, was mp lo before he went to Oarleton. Land in that district could have been cultivated before the drains were out, but it would not be safe to oultivate now for fear of floods.

Be-examined—Formerly the bogs dra'ned into the Cuet, but now the water was diverted to plaintiff's land.

At this stage the Court adjourned till two o'clock.