RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1217, 5 December 1882, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Tills Day. [Before M. Price, Esq., R.M:] WADE V. ADAIR. Application for re-hearing. > Mr McDougal appeared for Mr Wade, and Mr Kenny for Mr Adair. Mr Kenny said that material evidence having been discovered since the hearing of this case, which the plaintiff was not aware of at the time of trial, he now made the present application. Mr McDougal submitted that he had not had sufficient notice. The present notice not being sufficiently worded to disclose the ground of application, Mr Kenny resumed: There were three points on which he would propose to bring brward evidence. First of all Mr Berry had acknowledged his indebtedness to Mr Maude on more than one occasion. Secondly, the words alleged to have been used to Mr Wade to the effect that he had do written contract by Mr Adair, the words having been really used by Mr Maude. The third point is a very important one, and is, that Mr Berry has been paid by Mr Adair for the whole work, of which the Counsel was not aware at the time of the late trial. Mr Adah*, sworn, deposed ; That he wgfto defendant in the case of Wade v. Adair lately heard before the R.M., and had since the trial discovered to the Counsel that Berry had acknowledged his indebtedness. He had also discovered that certain words

CroM-«x*mined by MrMeDougx! i Th* te< tarritw In Mr Nolm'i ortict took plow flnt. Xn NoUn'* office Mr Nolm told mo in Rom s preeenoe that he (Roes) had agreed to the items as jotted down in the pocket book, Mr Rose must have heard Mr Nolan say to me 11 Mr Rosa has agreed to these deductions,” showing me the figures, Mr Nolan did not mention the amount, I cannot from this receipt say what or any deductions were to be made. Mr Rom told me to give a receipt in full for £25. Two or three days after the 9th of August, Mr Rom told me to be sure not to take leas than £25. Rosa said he would not complete the agreement with Parnell at all, I told him I knew nothing about it, and he would have to wait until Mr De Lautaur returned. He may have told me not to take lea* than £25, but certainly not before I signed this receipt. (The receipt produced had no amount named on it) I cannot tell when, for I have recollection of his having said so at all. It did not take place when I signed this receipt because Rom wm not present. I signed the receipt on the 9th of August in the afternoon. Immediately after the conversation with Ross, Mr Nolan and I, in Mr Nolan's office, on the Sth inat., Rom went back to my room with me, and explained the deductions and calculated the balance at £l2 10s, which with £l2 10s deductions for rents, and £3 costs would have made £2B, for which this receipt should have been made. Rom told me to give a receipt to that effect. I asked Ross whether I was to give a receipt in full. He said yes, and made no objections at that time.