DISTRICT COURT.

Colonist, Volume III, Issue 307, 28 September 1860, Page 2

DISTRICT COURT.

(Adjourned from September 15th.) [Before W. T. L. Travers, Esq., District Judge.] j Thursday, September 27. Greenwood v. Harley, Gentry, and Co. — John Percy recalled: The timber in question was delivered on the 30th and 31st Januarys The timber was 6old two or three days before it was delivered. Charles Harley sworn: Purchased in January last some timber of Mr. Hays; do not recollect the exact amount. Wanted some timber for i»y use, and some for the brewery's use ; went to Mr. Hays about it, and asked the price of timber, and; Percy told me the price; told him I wanted a good deal, and Percy told me I could have what I liked. Nothing more took place, and we sent carts, and carted away the timber, which was delivered to us by Mr. Percy and his man. JSo conversation took I place as to whom the timber belonged. There were accounts standing between himself and Mr. Bays at thti time of the delivery of the timber t6 the amount of £U2 sb. Id.* due on January 2nd, 1860.. The account produced (marked No. 5) was tendered by Mr. Hays; have given Mr. Hays credit for the timber received ; Mr. Hays was still in my debt after credit had been given him for the timber. , ■ Re-examined by Mr. Cohnell : There were different prices mentioned: do not recollect Mr. Percy saying that he had not enough to supply the proper quantity ; cannot recollect his saying he expected more timber from Mr. Greenwood. Mi." Hays was absent at the time, but I was not aware of it until Mr. Percy told me; could not say Mr. Hays was in Wellington; cannot say what day the timber was put to Mr. Hays's credit. Do not recollect having dealings with Mr. Hays in j any firm previous to the present case. Edgar Pearce sworn : Am book-keeper for the firm of Hailey, Gentry, and Co; I produce the Journal; the entries are made in this book first; commenced from the beginning of February to the present date; I entered in the. Journal, irom invoice delivered 7275 feet timber from Mr. Hays at 15s. (£64 11s. 3d.); I received the invoice on the 22nd February. -There was also a further entry from the same invoice of 4590 feet battens at 3s. 9d. The books were in arrear when I went to Harley, Gentry, and Co. This was defendants'case. John R. Hays sworn: Was selling goods on commission in the month of January^ 1860: sold timber on commission to the defendants in this action; was told that timber had been sold: to Harley and Co. whilst I was absent. Never had any business transactions with Mr. Harley before in my life; was not indebted to Mr. Havley at the time. Had been indebted to the' firm, but believed there was nothing between them now. Verdict for the plaintiff, £54 Bs. 7d. , Harley, Gfntry and Co. v. John R. Hays. —The plaintiffs withdrew this case, and : paid, all the costs. A'

Excursion Tbip.—By advertisement it will be seen that the paddle steamer Rapid will proceed to Collingwood on Tuesday next, and return on llriday, allowing fully two days' stay for exciirsionists. The fare is moderate, and her-refreshment department being under ; the management of Mr, P. Stock, •during the trip, will.in that respect ensure satisfaction. Should the weather be propitious, no doubt many will avail themselves of the opportunity. , ' .■';. , LECXUKR.—The lecture given at the Freemasons Hall, on-Wednesday evening, by G. Heppel, Esq., was tolerably attended, very many of the younger portion of the co.nmunity taking advantage of the occasion. The audience was a very Attentive one 'throughout, ' ■ . , , ,

your Directors have considered that the employmeDt of a first class engineer to survey, and superintend a good line of road ?I would in the end, be an economy; and with this object, they aro happy to say that they ! have secured the sefvices'of W.T. Doyne, Esq., late of the Balaklava Railway, and Ceylon Railway, who left this country in May last, accompanied by an assistant, to plan, lay out, and remain a sufficient time in Nekon to complete the proposed ten miles of railway. Mr. Doyne is expected to reach Nelson by the end of the present month; and if the reports of Mr. Hacket, the Mining Engineer, confirmed by local surveyors, are to be depended" upon, there will be no difficulty in Completing the Railway by the end of this year. ; . The Shareholders will thus perceive, that no time will now be lost in bringing the Company's.property into active operation; the previous delay.having been caused by the Directors' anxiety, after so many* disappointments, to be assured of the existence, in quantity, of a new mineral, which in their opinion (the certainty of shipment at aprofit being established) will compensate for tile want of acontinuous copper lode. Looking afc'the expense of the Engineer sent out, and the importance of augmenting the means required for Railway operations, the Directors have thought.it desirable to offer to London Shareholders some of the New Zealand Shares, returned according to instructions, from Nelson, two thousand Of which have been taken up by the existing shareholders and others, at par. " , ' . The annexed audited statment will show the! state iof the' Company's financial position. By order of the Board of Directors, : FBED£ SAUNDERS, ' "',-'■. Secretary. London, 16th July, IB6o* ' STAIN COPPER MINING COMPANY (LIMITED), fUNE, 1860. ■ . -i- "i Cv ■':'.. '. .:.-. • ,"..-.-*v. . ■ '■• ■■'■:■■ '.■• •.:.■"-■''; £'~8.- d. By Dun Mountain Freehold Property -. > ; as before . . .- :. . . 26,000 ; . 0 0 By Balance afc Dr. of Profit-and Loss ' ;*• ■ Account ;i—: : Slst Dec, 1859, £6,445 0 3 30th June, 1860, 2,333 4 7-. . .. . . j. ' 8,778 .4 10 By Land purchased'at Nelson, 1000 • . .' • acres .. '. '. '. . . 874 17 0 By Railway Account; Engineer! Sur- . . ."; vey, &c.' . . . ... .299.1210 By Office Furniture, present cost . 113 2 6 By Warehousespurchd. at Nelson, cost ;. 483 3 2 By Stock Account at' Nelson:— ■~.-.. 500 tons Iron Rails 5000.0 0 Duty and Landing ' ....-■,..'. Expenses thereon '924 5 6 Tools and materials 1290 9 5 ; ' Balance of Stock re- • ' ceivedfromN.Z; . ' ■ ' ■ :. • '• Land Fund . 589 12 10" .;, ..'' ; ,7,804 7 9 By Cash at Union Bank at London:— ' On Current Account, 2279 15 11. On Deposit Account, 1090 0 0 By East India Debentures, 10,000 ® 98^ . 9850 0 0 ■" ' ' ■ 13,219 15 11 ■ ''■ £57,073 4 0