RESIDENT MAGISTRATES COURT.—GISBORNE.

Poverty Bay Standard, Volume I, Issue 10, 17 November 1883, Page 3

RESIDENT MAGISTRATES COURT.—GISBORNE.

(Before J. Booth Esq., R.M.) Friday. C. D. Berry v. S. P. P- Co.—The evidence in this case was taken last Court day, but His Worship reserved his decision till this morning, which was for the plaintiff for the full amount claimed and costs, less the amount paid into Court. J. B. Dawson v J. W. Francis.—This case was also adjourned from the last Court day in order to obtain the defendant’s brother.

Mr Turton appeared for the defendants. F. Francis deposed : I am the licensee of the Sir George Grey Hotel at Waerenga-a-hika. I have a brother—J. W. Francis. I have not been served with a summons at the instance of Mr Dawson. lam not indebted to him.

J. W. Francis : I am the last witness’s brother. I manage his business at Waeren-ga-a-hika. I was served the other day with a summons from Mr Gruner. I told Mr Gruner that I was not F. Francis. I made the declaration produced, before Mr Greenwood.

Mr Turton explained that the last witness was the person intended to be sued, and he (Mr Turton) pleaded not indebted, on his behalf.

J. B, Dawson deposed : I did some work for J. W. Francis about four or five months ago. I took down a partition in a house for him. I put a new ceiling joist in one part of the house. Tt took me about four days to do it. I charge 12s per day. Be has often promised to pay the account. By Mr Turton : In putting up the skirting I did not put it up during the four days. It took a portion of time other than the four

flays, Twelve shillings is my usual charge Jot 5, "ay's work; I did make a claim less than 12s. 1 claimed 10s a day if he settled the account at the time. This wax not agreed to in writing, That is my writing in ton account produced, dated October loth, which charges at 10s a day. With regard to the carting charged in the account, I paid it to Mr Luke. It was material for the house, and it came from my house. The material Was kauri timber. It was required for repairing this house; I have Seen the account produced from Morgafl.afifi Co befate, I don’t know whether. Mr Morgan fold me thatthat was the claim for the timber catted up there. I did make application to the defendant for the payment of the,account claimed. That is my signature to the letter produced, dated October 22nd, applying for £2 7s. I charge 5s there for mending his stool. I did not simply glue the leg on. I don’t think the leg oonld have come off the day I mended it. Mr Francis has offered me £2 and "cry off." I agreed with my agent to take the £2. Mr Turton said if that was so, he could, shorten the case by stating that Mr Francis was willing to pay £2, therefore the case need not go any fitrthef. His Worship thought tlie base need not go any further, and he would give judgment for £2 without costs. Bidgood v. Downs. — Claim £6 3s for work done. Mr Kenny for the plaintiff. Mr Turton, for the defendant, said he could shorten the case by admitting the indebtedness. The defendant was indebted for the amount claimed, but he had a larger claim against the plaintiff, which he would sue for. Therefore he would ask His Worship to give judgment for the amount, and stay execution for one week. His Worship agreed to do this, and judgment was entered up for the amotint claimed. Higgins v. Bright.—No appearance of either party. Case struck out. Cooper v Parewhai Noapotv.—This was a claim on a judgment summons, the evidence of which was taken last Court day, His Worship reserving his decision till this morning. He said he was unable to give an order in favor of the applicant, fie had looked up the various Acts on this subject, and he considered when it was proved, without contradiction, that a woman had no money, or goods, and the only property she possessed was land, he did not think he could give judgment, and so fall back on her land. There was no power in this Court to do that. The Natives, in this respect, were well protected, and he must refuse to make an order.