MERCER.

Pukekohe & Waiuku Times, Volume 5, Issue 191, 14 July 1916, Page 2

MERCER.

Mercer Magistrate's Court. THUKSDAY, 13th JUL\. [Before Mr F. V. Frazer, S.»T£ CIVIL ACTIONS. Judgment by default was given by default for plaintiffs in the following cases, i.e.:—H. S. Valentine and Co., merchants, Mercer, v. Makawe, a Maori millband, of Te Koa, Onagur, for £l6 10s 9d and coats £2 4s: and the same v. Piripi Pene, a Maori, farmer, cf Kobe Kobe, for £5 16a 3d, costs 18s. PURCHASE OF TIMBEK. The United Timber Company sought to r; caver from Andrew Maxwell, a Maori, farmer, of Kobe Kobe, the sum of £l, 7s, alleged to be dug for timber supplied in connection with improvements effected at defendant's homestead. As defendant would not converse in English a half case MaoriJapanese, named Noda, was engaged to act as interpreter. Mr Arthur Charles Tribe, recrctary cf plaintiff' Company, depose 1 that he concluded that defendant would pay for the timher because h 3 was accompanied by the carpenter to tte Company's office, when the transaction was made ard did rot offer any objection when tie carpenter intormei witness that the timber was tor defendant. Further, no objection was made agaicst paying the amount until about four weeks ago, whei defendant advised witness that (be carpenter should have been charged with the amount. Defendant's evidenca went to show that bis reason for going to the mill, with the carpenter was to have a look aro'ind ** j -st out of curiosity's sake." He contend that h*. was not responsible tjr ths amount, as he bad paid tbe carpenter tor tbe timber.

Tee Magistrate upheld defendant's suggestion that the carpenter should have been charged with the amount of claim, as defendant did not give his consent to the deal. Judgment was accordingly given for defendant, who waa allowed 5s casts. JUDGMENT SUMMONSES. Orders were made on b:half tl Messrs H. S. Valentine and (jo. against the following:-Kerjto'ii Te Abu, farmer, of Kobe Kobe, far £l2l 2< 7d, to be paid oil in monthly instalments of £5, the judgment creditor not to be prejrniced in their right to enforce either payment by meats of attachment if debtor obtains judgment agaiost alleged co-debtors; against Tom George, Maori farmer of Pukekawa for £l4 6s 2d, the order not ti be issued tor one month; ard against Toi Katip*, Maori farmer of Wbanitamaririo, for £6l 16s 8d in monthy payments of £6. A HERO'S UEATU. One of Mercer's brave "boys" has fallen at the seat of battle, news being received on Tuesday that Rifleman Claude Cecil Coleman bad died of wounds is France on July 4th. The deceased was the eldest son of Mr F. W. Coleman, saddler, of Mercer, and was 22 years of age. tie waa educated at the Mercer Public School by Mr Charles Edwards, the present schoolmaster, and lived with bin parent? in Mercer until seven years ago, when be associated himself with the shipping industry, and daring the intervening period worked for the Northern Steam and the Union Steam Shipping Companies. He enlist-rd at Whangarei in the Earl of Liverpool's Ritle Brigade and left the Dominion on tte sth February of < the present year, after visiting his parents on final leave. The last communication received from him was a field service card, dated 11th May. in it he stated that he was all right. Rifleman Coleman is the first Mercer "boy" killed at the front. The youngest of the two remai.ing sons, Henry, has enlisted and expects to be called up next month. LAND TRANSACTION. A DISSATISFIED PURCHASER. At the Supreme Court yesterday, before bis Honour Mr Justice Hosking, further evidence was taken in the case relating to a sals of land near Mercer, in which the plaintiff was George William Metcalfe, miner, of Huntly (for whom Messrs H. H. Ostler and L. A. Taylor appeared, and the defendant Cecil Norman Bamfil Mardon, settler, Auckland (Mr J. R. Reed, K.C., ard Mr M. G. McGregor). The statement ot claim set out that the plaintiff purchased certain land from the ' defendant, and paid a deposit of £IOO it being stated that the property was not subject to flooding and that the roads giving access were dedicated. Plaintiff alleged that th.se representations were untrue, and that, relying on them, he had taken possession. Sabse* quenlty flood waters from tbs Waikato River banked up in the Whangamanno Creek, and overflowed the land occupied by the plaintiff to an average depth ot three feet. As the result ot this flooding the cattle were driven off, and sjme cows and calvei were drowned. Ii was further alleged that the roads had not been dedicated. Plaintiff asked for the setting aside of the agreement and the repayment by toe defendant of the £IOO deposit, and £3O 5s tor interest paid, together with interest on all such moneys at the rate of 6 per cent. A further claim was made tor £l5O damages, which, it was alleged, were sustained because of trie misrepresentation. The defendant denied having m made the representations referred *"* to. He had suggested the possibility of floods, the land being alluvial a .id situated between two rivers. He aI jo denied that th? plaintiff had sustained damages to the amount claimed. '^^tf""" Mr Reed intimated that - client was prepared to take tte land back, being satisfied that he could sell it fur as much as he Fold it to the plaintiff. Mr Ostler submitted that that matter should not have been raised at this stage. Thomas Edward Hallett, secretary

of the Waikato Kiver Board, in answer to Mr Ostler, said that the suction was mud lov r than the rest, and was the riot. part that woald be flooded, the defendant hal visi'ed him a tew weeks ago and had said that the cise which was pruning on wfiuli damage the vaitis of the land if certain things came cut in Court. tixitninerl by Mr Reed, witness sr*«d that hs thought defendant's hid was about 1300 acres in area, and of this 1000 rcres woald be Hooded, ibis would be a big flood sixilar Co that of nine years ago when the river %os; 12ft 6ln. He was basing his estimate « f 1000 acres upon the., lay of the country. Ih2 evidence it John Kagg, master of the Freetrader, trading on the Waikato, consisted ra-mly or readings ot the levels un the Waikato river for various months from 1913 to 1910, taken from a r cord be had kept for many y ari. Oscar Nelson, a farmer residing at Maramarua for the past 13 years, said his land was about a mile and a half from Mardon'a land. He knew Metcilie's section very well. 1h: l-iwer half, facing the swamp, was subj ct to flood?. A flood in June, 1915, covered the whole of M.tcilfe's tectum. There whs in November anotber flood, which covered tha whole of the section ag in. At the beginning of the present month the section was about half covered with Hood water, Fur .two vears before June, 1915, wnile Mr Mardnn had pes-s-ssion ot the land, there was no water on the eectior, and very little for three years pi ior to that. Thomas Hutchison, plaintiff's son-in-law, alsi gave evidr.ee regarding in all?ged uusuitability af the lard purchased. Croas-f xamined by Mr Reed, witness sail Maisdon told the plaintiff that he had neevcr seen the land Hooded. This, closed the case tor the plaintiff. James Fouoister, farmer, West Tamaki, said he wai formerly part owner cf the property ia question, and liv d on it for threa yeas. He bad no rxpirieorci of t!:e line) berg Hooded, but all swamps were tecessaiily cjvered after heavy rain. He understood by a Hood that it would be water fronr the overflow of the river. The only water he saw was tr.at coming > down from the hills, and there was not Biifficier.t drainage to carry i it away. When he sold the land i to Mr Maidon (the defendant) he told him it was cot subj ct to , fl jog's. He had done about eight : miles of drainage. There would be ro damming up from the Waikato river except after very heavy ram. As a farmer he should say that < the land was not subject to Hoods. <

The further hearing of the case was adjourned until this morning.