MAGISTERIAL.

Patea Mail, Volume VIII, Issue 1004, 2 March 1883, Page 3

MAGISTERIAL.

PATEA—THIS DAY. (BeforcsC. A/ Wray, Esq., E.M.) BREACH OF THE LICENSING ACT, Owen McKiltrick, licensee of the MasonicHotehwas charged with having sold liquor on Sunday, Feb. 25. Mr Barton, who appeared for accused, slated that the summons had only been served the previous day, and ho would therefore ask for a remand. . There were four,witnesses) and these would not attend without a summons, although Mr McKiltrick had asked them to, do so. Adjourned for a week. A CURIOUS CASE; Patca District Land, Building, and Investment Society v. Dale. This was an application for an order to compel defendant, the late Manager of the Society, to deliver up certain books of the Society still retained im his possession. MiBarton for plaintiff ; Mr Hamcrton for the defence.• ' Mr Hamcrton said that Air Dale was living in New Plymouth, and he should apply for a commission that his evidence might be taken there. After .argument between counsel,' 1 an'adjournment for a week was granted. ' CIVIL CASES. Williams v. Scantier—Adjourned for a week.' North v. Tutangi—Defendant admitted the claim, and. promised to pay on; July 15th, when his rent fell due. Judgment according. . Bremer .v. Kerisk, and Murphy.—Claim £24 15s for gravel removed ;from plaintiff’s land. Mr' Barton for plaintiff, Mr Hamcrton for defendant. L. G. Bremer deposed : I have been in possession of section 93 at iWhenuakura since September, ' 1877. I did not-know defendants untiL they came on February 21st last year/ ,We spoke, about the gravel. I told them 6d a yard ; was my price. Kerisk complaincd about the price but I said I would make no reduction. ■He agreed to it in a sort bf way/ He saw that as they, had got, the job, and as they wanted the metal they would/ have to give the price. This occurred on Feb. 21st, and they pitched their camp the same day., I. arranged, with: Kerisk about the metal. .He: said i that if the County Council; could not - get' the metal they would give the price. Murphy came on the ground, and there were a few labouring men besides. They took, gravel. They finished about January this year. They took 990 yards. I received that information from the County Engineer. I saw the place from which they had taken the gravel. J should say from the excavation that the quantity had been taken’ out. When Mr Kerisk came, he came ; without asking my permission, but he asked my permission to remain. ; Cross-examined—l have' a lease from Mr Brainwell. Mr Hamerton — Have yon power under yotuvlease—-- ■; • -Mr Barton objected to the question unless the lease was produced.; Learned counsel then quoted authorities to show that plaintiff wss .entitled to sue for use and occupation of the laud. ; Mr Hamerton having replied, the crossexamination of witness was proceeded 'with. , 1 : - ■■ ; - v ‘ '■ ; ■ He had no clause in his lease relating to gravel; As far-as he knew, it was an farm ■ lease’. The men occupied about an acre of the land, and ho had stock running there at;the time. By Mr Barton : The men could not take gravel: without his permission. There was no clause in his lease relating to minerals, or prohibiting him from breaktlie surface. By the Court : The total time the men were in occupation was 4 months 6 days. A man named Hughes opened the pit and removed gravel. r Witness was suing,for -price-, of- gravel irrespective of occupation. ... TheiCourt hero adjourned till 2'o’clock. . Upon resuming, Mr. Bremer, examined ,by Mr = Hamerton, ; stated that he charged the defendants for grazing their horses on the land in question. 1 ' j Mr Barton ultimately accepted a nonsuit with costs, £2 ss. Beere v. Fleetwood .—Mr Hamcrton for .plaintiff, Mr, Barton fpr defendant, This case which was adjourned from a recent Court day, wai further adjourned till the 13th March., i;; :