MAGISIRATE’S COURT,HOKITIKA

Hokitika Guardian, 13 October 1921, Page 3

MAGISIRATE’S COURT ,HOKITIKA

1 TiII"RSI)AY. OCTOBER 13th. ( (Before Will. -Meldrlim Esq., S.M.)

The Court sat at 10..30 a,ill. e

DEHT CASK. Kteoliens Bros. (Air Sellers) v. .1

Toohev and Kokatahi Sawmill Coy (subdebtor). Order made for payment of amount paid into Court by sub-debtor CLVr.M FOB DA MACKS. Will. Olderog (Mr Wells) v. Rudolph bouiseli (Mr Murdoch) and Iri Poliawai (Air Park) a. claim for £’lo damages for trespass. Air Wells said plaintiff had leased i from l.aurie Ceorge paid section )" of A rail lira commonage, ami it had ben fenced and cleared and the rent paid since 1914. On the several days qnntcrU ill the statement of claim tlm cattle of defendants had trespassed on the land, for which damages were claimed. William Olderog. deposed he was a farmer at Ariiluirn and holder ol lea-e (produced). All Park objected to the validity oi the lease .in that it was not properly executed.

Witness continued lie had hold tno lease for 7 years and had improved the area by falling clearing and fen. - ing. Claimed damage for trespass i i 2:1 goats, and 9 cattle on the propel t> oil various dates mentioned. Han pari rent since 1919 into the Native Ir ( account at the Hank oi X./. I h'* fence was a good one. To Air Park Never got a letter from defendants claiming portion of ik. ground. Air Briggs a clerk ii A;: Wells’ office witnessed the signature of the deed of lease. Know the !c----ln.de defendant is a native To Mr Murdoch -No horse , mild get under the fence at any point. \\ hen he was there last there were six wires tin the fence at the particular point Witness never went to the centre ere >i:

if that was ivliat Air Murdoch i'“f ' red to. All Wells told him tile lea

was all right. lie did not know that confirmation by the Native band Board

had been refused Mr Wells sai.l the apolieat ion was dismissed, for want of prosecution. To Air A!urdorh Did not know tli d“f"mlant's mr.tlo'r appear-<1 at t’ " Kaiapoi band Hoard and objected the lease in duly 1915. To Mis Worship --Had no trouble s' all till after the female defendant's mother died. I.aurie Ceorge depesed he was chairman of the Board of Control o| tie Arab ora i iiiimimag ■. In February IPth.. 1019 at a meeting l.ouis'li was present. It "as resolved that the reel lie paid to the Rank cl N.Z. Ln'iL' n ran cattle, goats, geese and lowls. Mad seen the wires ( >f tile fence nearest 1.0 i-isi-li had been tampered with. Olderog s fence was a good one. lie would lil'.’’ to see Mr Murdoch ride a lioi-' 1 through the teneo. The Alaoris ex-.e-u defendant were agreeable to the lea-e to Olderog. To Ml Murdoch There wa- trim! 1with t lldei e.g before Airs West died, with the defendant.

1 1 ’Uglliy cross-examination follow'd in connection with the owners of O'” propertv and the course ol suh-divisi n. William delfries deposed he was an auctioneer. Me knew the land occupied by Olderog. Inspected the fence, niiind the area.* Consider it was in good order. Saw 9 head of si range cattle in the area which Olderog and wit in ss put out. Olderog said thc\ were Loiisich's. Rode round the IVti c and saw it was all right. To Mr Murdoch. —There was no place on the boundary fence, with the lower wire nine feet from the ground. To Mr .Murdoch. Understand there was trouble over the land between l.oiiiseh and Olderog.

Open Mason deposed 111- was n settler at Arnhuro, and a member of (lie

Board of Control of Arahura oommon:iee. lie cave a lengthy account of the lurnmtioiL of tile Hoard of Control. The seetion Olderoo wns lensinfi "'ns next to Bradley's. Thomas Staines deposed lie was (t stock dealer. He know the land occupied by Olderoy. On 19th Sept, lie put some eatt-lo in. Had a look at the fences and saw they were quite secure. (Amid see on that date that some cattle had been put in the panels. Helped to drive them out. There were nine cattle and l.ouisch came nlnnu and said they were his. The fence was iputo suflicicnt and always held cattle that witness put in. To Mr Talk. —Knew there "as tumble between l.ouisoh and Olderop;. ; Knew 1 one part of the fence at tho

; creek had :i, wire about tl or -I .foot. ;i Imvo t lif crook. 'l'o 11 is Worslii]). —Know that some of tbo w ill's had Itooii tampered with. ! his was i-opniml. Witness put- .1-1 head ot . fairly wild cattle in and they did not yet out-. This was tho ease for the plaintiff, j Mr Park claimed his client was one. ' of the tenants in common of this area, i William Wilson deposed he was I aoent for the Public Trustee. until , lately, lie know the eommotiaoe at Arahura. and cave particulars of the dealinos thereof. j Wm I*. Morgan, District Tieoistrar j at Hokitika deposed no partition of the I oommonnoe had been issued. The Court adjourned at. f p.m.

AFT FT! NOON SPITING

'l'lio Court rosuuu'd nt - p.ui

| n nil iifiiliatioii cast* Mi - Murdoch

appeared for plaintiff. im>l Mi' Kellers for defendant. judgment was jriv<mi by consent for payment of costs involve,l Cl 3 13s nnd 12/(1 per week.

Tile police elm vot'd *, |,o,|cin , f lloss with being foiiml drunk in Hof i t.iUa, who did not appear. Find II) ■ and costs 7/-.

1 ([.AIM FOR DAMAGES CONTI NT El) Ira Tawhari, deposed she was, a defendant.. Olderog has land at Arahura that he claims as his, while she claintedi to have a share in it. She had never ! recognised Olderog’s lease. She claimed a right to use any portion of the , commonage. Louisch had no cattle. | They were all registered in her name. I To Mr Murdoch. Neither she or .! [ .outsell had ever interfered with the ; fence. - 1 To Mr Wells. Witness had never rer reived any money from Olderog’s pav- ■ ments. . 1 (Left sitting.)