MACRAES.—Sept. 14.
Resident Magistbate's Coubt. (Before H. W. Robinson, Esq., R.M.) John Deem v. Geo. Cockerell.—Claim for £2B, ono-fourth crop of oats in a paddock at Macraes for two seatons. Mr. Catomore lor plaintiff, Mr. Rowlatt for defendant. Plaintiff's case was he had a paddock fenced in on Macraes Flat that he had cultivated for some years. He removed from Macraes to Two-Rivers, and some time afterwards tho defendant agreed with him to take the paddock, and cultivate it on terms—that plaintiff was to have one-fourth of the crop. When the crop was fit to cut he went with defendant to look at it, and it was agreed to estimate the value of one-fourth at £l4, which defendant might pay in oats, to bo delivered at plaintiff's hotel at the prices then ruling in Shag "Valley. Neither money nor oats had been received. For ,±he second season there had been no agreement, but the value was estimated at the same rate as for the former year. In the bill of particulars the agreement was referred to as a partnership agreement, and Mr. Rowlatt objected that this must oust the jurisdiction of the Court, but as it appeared that in reality there was no partnership, it was agreed to amend the particulars, in order that 1 the case might be dealt with on its merits. Mr. Rowlatt then objected that this in fact was a claim arising out of an interest in land, and in which this Court could have no jurisdiction. After argument the Magistrate decided that, as to the first year, there appeared, according to the plaintiffs' evidence, to have been an agreed amount of indebtedness ; as regarded the second year, no such agreement had been shown, and the Court would, therefore, regarding the claim as one for an interest in land, decline the jurisdiction. Mr. Rowlatt then called the defendant to give evidence as to theamount of £l4 claimed for the first season. Defendant's evidence was to the effect that he took possession of, and cultivated, the ground without any previous agreement with plaintiff, and that in fact he had no communication with the plaintiff on the subject until the crop was through the ground. He then did agree to give plaintiff one-fourth of the crop, afterwards estimated at £l4, not for merely one year's use of the land, but as a consideration for the plaintiff giving him a title to it. It had since appeared that tho plaintiff had no sort of right to the land, and he (defendant) had therefore paid nothing. Case dismissed. Larceny.—James Markey was charged with stealing a one pound note from the person of James Dunn at the Macraes Hotel on the night of September 9th. Mr. Catomore for defendant. This appeared to have been a case of a drunken quarrel over a game of " Yankee Grab," and the evidence of the landlord of the house, where the row took place, was entirely against anything like felonious intent. The case was promptly discharged by the Court. ? Permitting Gambling.—Robert Donaldson, of the Macraes Hotel, appeared to answer an information of Constable Gallagher for permitting gambling in his licensed house, tho Macraes Hotel. Mr. Catomore for defendant. It was plainly E roved that defendant had allowed Marey and Dunn to piny " Yankee Grab," but as this was the first case against the defendant, and the play had only been for shillings, the Court imposed the mitigated penalty of 55., and ss. 6d. costs. George Cockerell v. Thomas Johnson.— Claim £3 13s. Mr. Catomore, for defendant, had paid into Court £2 9s. fid. Judgment for £3 6s. including costs. Clafiy v. White.—Claim for £lO 18s. Sd. for goods supplied. Plaintiff's accounts were very much confused, and conflicting with some receipts hold by defendant. Judgment for £3 18s. 9d., and 19s. costs. Claffy v. Griffen.—Claim for £1 9s. 6d., for a pair of gum boots. It appeared that these boots had been supplied to another person, but plaintiff alleged that defendant had made himself answerable ioi tho amount. Case dismissed.
Drank and Disorderly.—Anders Christensen, for this offence, was find £l. "Warden'S CCITKT. (Before H. W. Robinson, Esq., Warden.) Grants. —Sin Cliin and another, extended claim. Agricultural Leases.—The following being sub-divisions of sections 41 and 42, Block 1., Highlay District, were granted, according to survey : —Sin Wall Chung, 8 acres 2 roods 25 perches ; Thomas Peddie, 10 acres 3 roods 21 perches ; Thomas Leahy, 9 acres 3 roods 32 perches ; Patrick Phelan, 5 acres 1 rood 30 perches; Joseph White, 3 acres 1 rood 12 perches ; Kerin ClafFy, 1 acre 2 roods 27 perches. Disteict Land Office. (Before H. W. Robinson Esq., District Land Officer ) Surrender of Deferred Payment Land. —Alfred Upsdale surrendered his license No 224 for sections 45 and 46, Block 11., Highlay District, being 100 acres.
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Mount Ida Chronicle, Volume VII, Issue 393, 22 September 1876, Page 3
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802MACRAES.—Sept. 14. Mount Ida Chronicle, Volume VII, Issue 393, 22 September 1876, Page 3
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