RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1505, 13 May 1886, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Wednesday, Mat 12, 1886. , . [Before J. Besvvick, Esq., R.M.] TRESPASS. Id the case of Hornbrook, charged with trespassing in pursuit of gams on the Arowhenua Estate, Hia Worship gape his decision. He said the man was the servant of Mr Clark, and had frequently shot on the estate before without being reprimanded, consequently the case would * be dismissed. Andrew Grant was charged with having allowed three head of cattle belonging to him to wander on the railway.—Mr Aspinall, who appeared for Ur Grant, pleaded guilty but said that the fence bad been built by Mr Grant himself, that' it. had been burnt down through the negli* gence of the railway officials, and had not' been made up again. Hence the reasons the cattle trespassed.—A fine of 5s waij inflicted. T CIVIL CASES. J. Beri v. J. Moynihan—Claim £lßs 6d. Judgment summons. Ordered to pay within a month or go to gad for a week. C. Story v. Thomson—Claim 10s,^ Judgment by default for amount claimed ; and costs. •" Jb, White v. J. 0. Smithson—Claim' £lO Bs6d. Mr Tosswill appeared for the plaintiff and said they had received a cheque but had not cashed it yet. The case was allowed to stand over far a weak. F. White v. W. L. Fitzgerald—Claim £l9lßa sd. Mr Tosswill appeared for plaintiff sad Mr Raymond for defendant. The plaintiff stated the amount was due for threshing. The arrangement was 3d per bushel and to do the shifting, or 2£i and the farmer to do the shifting. Mr Fitzgerald came to witness in Timaru and offered him £IC, but witness would not accept it as payment in full. To Mr Raymond : He offered £l7 to keep the matter out of Court. Oats areiii some seasons easier to thresh than wheat.. I charged Tavender 2£d per bushel, but he shifted the machine. I got notice the amount was short. William Jones, engine driver for Mr White, stated that he agreed for 31 per. bushel with Fitzgerald for threshing: hil ' oats. There were 1520 bushels in 330 bags. To Mr Raymond : I was not weigher of the bags. A man weighed them. He did offer whatever price was going but I did not accept it. I threshed Tavender’s for 2£d, as that was the arrangement made. Hu did all his own shiftirfty. W. L. Fitzgerald stated that when Jones came to him he asked tor the threshing. Witness told him he would give it.to him if he would do it as reasonable as anybody else. Witness said he would give whatever was going and he heard oe more until the mill was brought on the ground. The oats were sold to Jonas and Bourn and they got 283 sacks ; witness kept 39, and gave Brown 1 sack, that was 323 bags. There were 333 bags in the account rendered to him. When witness ' met plaintiff in Timaru ho offered him £l6, but Le would not take one penny lea than the amount. Witness told him to take what he offered him and summon for the balance. The ruling price was2&d psr bushel. H. King, engine driver, said he 2£d for anying over 1000 bushels. Jehu Fitzgerald was with defendant v when Jones asked him was there any chance of getting the threshing this season. Fitzgerald told him “Tes, if you do it like others.” Subsequently Joota < came to the house, and defendant told him he would give whatever was going for oats. After counsel bad addressed -the ' Court, His Worship said he bad no doubt - about the 3d psr bushel being agreed upon, but as regards the 17 sacks, ho be- • lioved there was a mistake made in the • counting, and he would allow for that ;; Judgment for £l9 15s and costs, £l6 la v 5d of which had been paid into Court; r 1 -

BOUND! BT DISPUTE. Mr W. G. Aspioall said he appeared on behalf of Mr D. In wood to apply to Hii '•

Worship for an order under section 20 of the Fencing Act 1881. Tba question had been a long time indispute between hi* client and Mr W. Budd. A river r«n between 'their land*, and this was insufficient as.a fence. Mr Inwood bad frequently tried to get Mr Budd to agree to have the matter aettled by arbitration, but failing in this direction he no w aaked His Worship to exercise the power given him under ttfction 20. Mr Tosswil), who appear«d for Mr Budd,'Said his client had spent £lo# on the fence to the £5 spent by Mr Inwood. His client was willing to do hi* fair share of the work. - After some further conversations! discussion it was decided to appoint Mr A. M. Clark to arbitrate in the matter, pro- : - Tided he was Willing to act. The Court then-rose.