RESIDENT MAGISTRATE'S COURT

Mataura Ensign, Volume 6, Issue 343, 28 March 1884, Page 2

RESIDENT MAGISTRATE'S COURT

..,„ MATAU'RA. Wednesday, March 26, 1884 (Before H. M'Culloch, Esq., R.M.) CIVIL CASES. Crawford y. Boyle.— Judgment summons for L 8 _9s lid. Mr Fletcher for plaintiff. Ordered bo be paid forthwith, with costs LI 2s ; in default, 14 days' imprisonment. Monaghan v. Waddell. — Judgment summons for L 8 2s 9d. Mr Henderson for plaintiff. Adjourned to Gore on Bth April, on the application of Mr Fletcher, I for defendant. Raymond v. Thos. C. White.— Claim, L 2 10s. Mr Fletcher frr plaintiff. Adjourned to Gore on Bth "April. M'Kenzie Bros. v. Gillespie.— Claim, LI 16s. Mr Fletcher for plaintiffs. Judgment by default for claim ; costs of Court, 8s ; and solicitor's 1 fee; 10s 6d. Benkie v. W. W. White.— Claim, Lll 13s lOd. Mr Fletcher for plaintiff. Judgment by default for, /claim ; : costs of Court, LI 17s ; and solicitor's fee, LI Is. Balneaves, "M'Kechnie and Co. v. Fisher. — Claim, L 8 Is lQd. /;: Mr, Henderson for plaintiffs. . Judgment; by default . for claim ; costs of Couifv lls ; and solicitor's fee, Ll Is. ■■''"■ -^-""'- "■ Otaria Road Board- v.. . Thornhill.— Claim, L 35 2s 4d. Mr * Fletcher for plaintiffs. Defendant "paid: into Court L 2 14s lOd, and' pleaded ja, se^-off of LlO. — Arch. Fletcher' prbauceU tsßjvaluation roll, signed by Jonn Sperry, ~Pror perty Tax Commissioner, showing defendant's name and the valuation of lands held "by Kirn, also tn&^rate book. Notice of demand for payment of rates was sent to defendant. — W. 8.. ThornhilL the defendant, asked for an' "adjournment to enable him to produce maps to show that part of the, land he was Tated I for was outside. the boundaries of the Otaria Hoad District. Adjourned' to' Gore; bri the Bth April, with costs, L 2 16s. . • r Geddes v. Anderson. — Claim, L 5 ,) for detention of iluming, &c. Mr Johnston

■for plaintiff. — Alex.. Angus stated' that he and Mr Stewart had a coal pit at Matanra up to February, 1883, and put up certain .fhiming, Sic^ which •.thefjr gold to plaintiff on Bth February,' 1883. (Receipt produced). The fluming [was not fiked into the ground iriafff'way, but was ; onlyj . lying on the ground.^ The fl.Tjming.was now worth about Ij3. , He. could not speak of the dam, as it jhad' been washed away since he left. ; There was one log in it about the: centre . of the : . creek, which, was-merely laid across and not fixed into the ground.. Its value |Was abput 10s; The otli^r material' in ,' the dam," when he sold was worth about Ll.The planking at each' side f ;and at ■ tfte bottom of the dam was .not fixecj. or pegged to the ground. — Itobert Lees coroborated the evidence of the previous witness as' to the fluming, but knew no* thing of the dam. — Chas. Geddes, I the plaintiff. [ Purchased the items claimed for from Angus and Stewart, 'with' other things, which. I have taken away. I •worked the pit for about, a year after I purchased. I saw defendants lately land removed the wheel and two pumps about the 7th inst., but not the fluming . and, dam. I did not take the ' nunun& ( arid dam then, because the parties w*orking the pit said they had orders not fcoletrme take •them! Mr Anderson ordered tliGm. frr Went <: with one of the parties to Mr Anderson, who. said they would, put the 'bobftyf on me if I took them. Mr Ande^b*i ); as"ked ; me if I would sell the things," andrpj said . I would take 30s for them, which) MrAnderson refused. He said: Me wjould give me word on Wednesday. Qn! \he Monday he told me to -go on with.l the law, and would not let me takej "flic things. The fluming is worth. L 3 ; thre' timber in tlie dam L 2. 1.,^0,u f ld, have^ removed the. materials only for tlie threat to put the ""bobby" on me. Ccossexamined by Mr rAndersou : The pit,, was lying idle for about six moitus?' Tb,e pit belonged to the Paper Mill Company. — C A W. Anderson : Def ci cfcaaajfil is not the owner of tie pit, -and o iihe-, date of Mr GeddesL" claim the pit^bey.' longed to the ; Paper Mill : "Qom; >aiiy)' which sold the jpit and, plant oil; Jai uary 18th, 1884. What witness sai'dr-io p aid-; r tiff was, "If you . remove the fluming and dam you'll damage our .property and you will' be ! sued for /it,"— jTohn Thornley remembered-, plain tiftjibmihg to works on 10th inst. and serve^L notipe.on him. Geddes spoke -to: witnesjs anil not to def endant.' Witness \o\(\ plaintiff he could please him^e^f as to what he should dp ei^ep.by taking things awjiy or by suing. 1 Angus and Steward jwore not the lessees of the land. Cross-ex.an^ined by Mr Johnston : Geddes, ..•oi£_ > th.c ■ 10th March only said "- A.ll right, I'llproand as he went awa^ witbess said he was a: foolish man to throw away his money and not take the things away. He told 'plaintiff previously ■ more than once that he could take the things away, and no one would .interfere with him. — His Worship held there was no^ sufficient evidence of detention, and gave judgment for. defendant, " .