PUKEKOHE S.M. COURT.

Pukekohe & Waiuku Times, Volume 4, Issue 73, 23 August 1915, Page 4

PUKEKOHE S.M. COURT.

Thursday, August 19th. (Before Mr F. V. Frazer, S.M.) At the usual fortnightly sitting of the Pukekohe Magistrate's Court yesterday (Thursday) the following cases were dealt with, viz. r JUDGMENTS BY DEFAULT. Judgments by default were given for the plaintiffs in the following cases, viz. :-W. H. Bawke (Mr W. P. Hopkins) v. K, W. Fisher for £3 13s and costs 10s; and E. Allan, of Buckiand (Mr W. P. Hopkins) v. E. J. Samuel, for £8 15s and costs £1 lis 6d. JUDGMENT SUMMONS. In the judgment summons case Mrs G. Dix (Mr C. O. Mahony) v. T. Cbiplin, an order was made in the absence of the debtor for; paymentjof £7 10s lid forthwith, in default eight days' imprisoment, the issue of the warrant to be suspended for one week. PUKEKAWA FARMERS' DISPUTE. A further hearing took place in the action partially heard at the Mercer Coort last week in which Alexander Keyes, farmer, of Fukekawa (Mr F. H. Levien), claimed from Alfred Sharpe, farmer, of Pukekawa and Patumahoe (Mr H. fl. Ostler), £23 12s, mainly ip respect of drainage work on his (plaintiff's tarm), for which he alleged overpayment had been made. Defendant counter-claimed for £7B, including £6B 8s for grazing 84 head of cattle from December to April last. The defendant Sharpe continued his evidence in regard to the counterclaim, be deposed that he had been in occupation of the land for five years, the property consisting of 200 acres. His own calves, for which he had given £1 per htad, suffered through starvation by reason ot Keyes' Etock being there, and the majority of them had died. Keyes came out to his mother's place at Patumahoe and wanted tt buy the property, but he told bim he bad already sjld it to Mr George Morrison. Keyes owned some 2000 acres.—Cross-examned: He could not tell the date or year he acquired the land from the natives, but thought it was between two and three years ago. He had paid a certain Maori £2 per year (2i per acre) for the land until be bought it. He did not know that about twenty other natives claimed the block, but he understood that two Maoris had made a claim to the property.

Mr Ogler intimated that documents were in existence in the Native Lands Office in regard to the sale to Sharpe. Evidence was also given by Geo. Henry Morrison, Robt. E. Morrison, and Walter Henry Kitson, farmers, as to Sharpe occupying tue land and payments made by them to Sharpe for grazing rights. All considered, especially in view of the shortage of feed last season, that a charge of Is per head for large cattle and 6d per head lor smaller was a reasonable figure. Samuel Holt spoke as to drainage work on plaintiff's property on which he had been engaged by defendant having been properly carried out.

Giving evidence in respect to the counter-claim, Keyes Btated that Sharps invited bim to graze bis cattle on the land a? his (Keyes') feed was short, but he told Sharpe he had as much right to graze the cattle on it as Sharpe had. He had previously disputed with Sharpe the latter's right to the property, as he had found out that Sharpe did not actually own the land when he (Keyes) had made enquiries in the Native Lands Court about buying it.—Answering Mr Ostler, Keyes admitted owning 2000 acres, and he did not think he was going behind Sharpe's back in trying to purchase the 200 acres of which Sharpe was in possession. He did not know that he was breaking the law in trying to get a greater number of acres than the maximum allowed by the Maori land laws. As a matter ot fact some of the 2000 acres he had referred to belonged to his wife and son. He denied that he put the property in the name of his wife and son just to evade the law. Mr Ostler informed the Magistrate that the position as regards the land was that some Maoris had sold part of the property to other patries, and one Maori had sold it to Sharpe, who had, however, a definite title to one-third of the property. At the same time he was in occupation of the whole of the 200 acres. The case was adjourned for Counsels' arguments to be heard by tbe Magistrate in Auckland on Wednesday morning next.