RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1214, 7 August 1884, Page 2

RESIDENT MAGISTRATE’S COURT.

Teuuka—Wednesday, A uquSt 6, 1884. [Before H. Robinson Esq., R,M. and T. Pratt, Native Assessor.] ABUSIVE LANGUAGE. Cope (Native) was charged by Johnny Kahu (Native) with abusive language calculated to provoke a breach of the peac.e. The offence wan admitted, and a fine of 5s was inflicted. Harry Kahu v Money (Native) — Claim £1 8s; value of damag# done by pulling down a fence. The fence wae erected by the plaintiff round his house, and it was pulled down by the defendant. The case was conducted piincipallv in Maori and consequently not intelligible. After a patient hearing the Court- decided it had no jurisdiction, as there was a * dispute over the title to the land. W. R.. Uprichard v. W. Scott—Claim £1 14s lid. The defendant said £1 fs 6d had been paid, and judgment was given for the ba'ance. N. C- Nicholas v. W. Frew -Claim £2 10s.—Judgment by default for amount claimed and costs. Thomson and Smith v. D. Heffernan—- •

Claim £4 10s. Judgment summons. Mr Aspina'l appeared for the defendant. B. Smith said on July 14th ho saw defendant betting.£l,.and lie had some mono f on him then. William Taylor stated that on the I3lh July ho swopped horses with defendant ■ and g ivs him £4 and a horse as well, Ed win Forward stated that on'July 14 he saw 30> in the possession of the defendant. H* saw him bet on a game of billiards, £l. Heffernan lost the bet. D. Heffernan stated that he sold a cow at the Washdyke, but th'e’cow did not belong to him. He had no farm, and no cows were graz-ng on if. The farm belonged to .Messrs P. Cunningham nrd Co. Thera was cnee a mortgage of £I2OO on it which

he could not pay. With regard ’to the hor-e, it belonged to his boy, and ha spent the £4 on tilings for the bouse. When he filed there were £2 due to Thomson and Smith, and if that sum were deducted he wonM pay Ihe balance. Mr Aspinall pointed out that under Rule 23, Order of Commitment, no one cmld be committed for a debt incurred befn-e the filing of a bankrupt. His Worship,after deducting the Amount due before the defendant became bankrupt, gave judgment for £4 5s 9d with coals, to be paid as follows £l 5s 9d Ist of September, and £1 per month afterwards, or in default of any payment if days’imprisonment. G, McSheeby Ge dlernuu v. W. Rt. Upriohard. This was an interpleader summons to prevent the plaintiff from telling furniture, to which W, Wyatt laid

claim. The following evidence wa«

given : W. Wyatt : About three ycarj ago Mr Upriohard asked me to live w itb him. I made an agreement to move my furniture into hie place. Since then I have bought several things, and these goods I claim an mine.

To Mr Aspinnall; I had all the goods referred to except a rocking chair and six cane chairs which I bought since. I bought the rocking chair from Mr Collins, schoolmaster, and I gave the moaey to Mr Upriohard to buy six chairs from Mr Beri. I had these goods when I lived in a Government cottage. I brought the furniture from Christchurch. Was about 12 or 18 months living in on# of the Government cottages. lam Uprichard’s father-in-law. He allows me £1 a week and food. Decline to answer when 1 was last paid. Upriohard owes me £l6 for rent, and I am secured. 1 quarrelled with him. We had a row over the furniture and the police were called in. That was two years , ago. Upriohard had no furniture when he got married. I let him have some things then. J. J. Popplewell, in reply to Mr Wyett, said he remembered him living in the Government cottage. Saw furniture there. Saw Wyatt take it t# U prichard’s house. To Mr Aspinall witness stated he saw seme of. the furniture being removed in a barrow. Could not swear they were taken into Uprichurd’s. I have been Uprichard’s clerk. Don't know what Upriohard pays Wyatt, but know that he gets money from him. I have given him mouey myself several times.

Edwin Forward : Wyatt lived in two back rooms ©f mine. I know bo had furniture. I shifted his furniture from my bouse. It was a dray load and a-half. This was four or five years ago. W. JR. Uprichard ; Three years ago I made an. arrangement with Mr Wyatt to come to my place and by it 1 was to give him £1 per week and his keep. He brought a lot of furniture to my place. [Witness then enumerated the articles.] To Mr Aspinall : I had only a bedstead and a few chairs before Wyatt came to lire with me. The table was only a rough fixture. Only the few articles mentioned in the list belong to me. Those claimed by Mr Wyatt are his. Constable Burkf stated that about this time 12 months ago he was called in by Mr Uprichard and requested to put Wyatt out of the bouse. Wyatt refused to leave until he took his furniture. He collected a few ornaments but made no claim on the furniture.

To .Wyatt; You were bleeding when I got there, but you were not stunned. You were under the influence of drink. You collected some things and said you would send for them. Uprichard told you that was all belonging to you. Mr Aspinall asked that the summons be dismissed. When a difference arose Wyatt made no claim.

W. Wyatt, recalled, said it was two years ago that the constable was called in. Never sold, nor gave, nor in any way plaited with the ownership of the furniture to Uprichard. His Worship said the claim must be allewed. There was no help for it. He T»ould not allow any costs. The Court then adjourned.