RESIDENT MAGISTRATE’B COURT.

Temuka Leader, Issue 1592, 9 June 1887, Page 2

RESIDENT MAGISTRATE’B COURT.

Temuka—-Wednesday, June 8,1887. [Before J. S. Beswick, Esq,, R.M.] CIVIL CASESS. H, Williams v. GK Meredith— Claim 1 Is. Mr Aspinall appeared for the defendant. The plaintiff stated that the amount was due as the balance of £5 for repairing a trap. To Mr Aspinall: My arrangement was to make certain repairs, but not all. No splash board was to have been dc ne at all To His Worship: I would notallow the trap, to go without payment. Defendant gave me £4 9s, and ordered me to go to Mr Brown for the balance! Mr Brown would not pay. Defendant made no objections in re repairs. Or. Meredith said the plaintiff was to repair the trap right through, put on a new splash board, and a new leaf on the springs. The springs broke down at Newlands the second time he used it. When he paid the plaintiff he complained that he (plaintiff) had not finished. The spring broke down at Winchester and he had to get Mr Carston to put on a, splash boards To the plaintiff: I did not send Mr Harrison to you to say Mr Brown would be good. I swear I paid you in the Temuka Hotel. At any rate we went to change the cheque there. To His Worship; It was only the second, time I put the horse ’in the trap that it broke down at Winchester. To the plaintiff: You never rendered any account. The tire came loose on the following Saturday. Mr Aspinall and the plaintiff addressed the Court, after which His

Worship said the evidence waa in favor of the plaintiff, and he would give judgment for the amount. T. Q-alvin v. Denis Coffey—Claim £l3 13s 6d.

Mr Aspinall appeared for the plaintiff, and Mr Raymond for the defendant.

' Mr Aspinall said this was a case in . which judgment was given onlast Court day during the absence of defendant. After the case had been disposed of the defendant came into Court, and said that his horse got lame at Winchester and that that was the reason he had not reached Temuka in time for the Court. On the strength of this representation His Worship had granted a rehearing. He now learned that it was not true that the horse got lame,

Mr Raymond hoped His Worship would not allow this to go on. It would prejudice his client’s case. His Worship said he certainly would not allow the rehearing if it had been obtained by means of false representations. After some further remarks, the plaintiff was called and Swore the horse was carting potatoes the next

day. His Worship did not think that sufficient to disprove the statement made by the plaintiff. The case was then gone on with. Timothy Hal via ; In June last I worked for a fortnight for £1 a week and “ tucker.” In July I worked at gorse-grubbing for 25s a week on a contract the plaintiff Lad from Messrs Postleth waite and Bailey. On the 14th he said he could not give 255, and asked me to work for £1 and I said “ All right.” Went back for two days, and charged 6s per day. He told me he paid Messrs Morrison, Pearpoint, and Webster on my account. The amount is still owing... To Mr Raymond: Worked for Coffey and got my “tucker,” and never charged him with it. The reason why I got 25s per week was because the hours were longer. The weather was wet, but worked by the week. Never told Bennett I would not get paid for wet weather, and there was only £5 coming to me. Coffey only worked a day and a-half for me, He gave me a flitch of bacon worthies. He gave me 5s and I gave him 2s 6d back. I asked him when was he going to pay my wages I never said the wages would go against my food. _ ...... Denis Coffey: With regard to the two weeks digging the potatoes the plaintiff offered to work for his “tucker,” In gorae-cuttiug at Mr

Postletbwaite’s and Mr Bailey’s, the agreement was that he was to be paid £1 per week for dry weather. Worked three days for the plaintiff for 6s per day. Had to “ tucker ” myself, and the plaintiff “ tuckered ” with me. Gave him a new grubber. Gave him 7s 6d in Geraldine, and he gave 2s 6d hack. The set-off amounts to -82 16s.

To Mr Aapinall; It would take two men one fortnight to dig an acre of potatoes. He was coming and going tor his tucker, and there was no arrangement about anything. The side of bacon weighed 60lb. The agreement was that I was not to charge for his tucker and he was not to charge for wet weather. During the 12 weeks we worked at Bailey’s and Postlethwaite’s there were four weeks of wet. James Bennett; I am a farmer. Galvin told me he was working for £1 per week, and was charging for wet weather. He told me Coffey owed him only £5. It was very, wet weather. I remember Coffey working at Galvin’s last winter. Six shillings a day and find yourself is fair wages. A man’s tuckeris worth2saday. To Mr Aspinall: Galvin is a goodhearted sort of a man, and worked for me half a day for nothing. Mrs Coffey: The weather was very bad while my husband and Galvin were away at the contract. The agreement was £1 per week for dry weather. She heard Galvin say HE Coffey paid the Geraldine accounts he would cry square. She gave Galvin about 601 b of bacon.

His Worship gave judgment for £5 Is and costs.

T. Greedy v. B. Martin—Claim £39 3a 4d. ,

Mr Aspinall appeared for the plaintiff, and Mr Toaswill for defendant. Mr Aspinall explained that his client had a three years’ lease' of land; that his lease expired, aid that the defendant, who now occupied the land, was converting a quantity of straw to his own use.

His Worship suggested that the plaintiff ought to have taken the straw by force. Mr Aspinall said that would have led to a breach or the peace. His Worship said even so the plaintiff had a tight to force an entry to get his own property. Mr Aspinall said that instead of that he had taken a legal course to get Mr Tosswill argued that a question of; title would arise, and therefore the Court would have no jurisdiction, and after some further conversation it was decided to hear the case.

Thomas Creedy: In 1884 I leased land from Tommy Walker for three years’ crop. During the last season I grew a crop upon it, and my straw isonit still. I Imve had the three years’ crop off it with the exception that three stacks of straw remain there still. Made arrangements with Mr Lavery to cut the straw. Last Saturday week saw ’ Martin on the road near the. paddock with a load of straw. Tasked him,where he got the straw, and he told me he got it bn the Maori ground, and that he would take more of it. I warned him not to meddle with it. Saw Mr Aspinall, and took a letter from him bo Martin, Took a machine there on Monday, and went on cutting till Thursday. Martin then came to me and asked me : whether I was satisfied with the arrangement with Lavery. He next said he would keep me off the ground. On Friday Leonard (a native) came and took me by the shoulder stopped me. I went to Martin and gave him a written notice, but fie took no notice of it, and said he would take the straw and use it. He defied me to put my foot in the paddock again. Leonard was present. To Mr Tosswill; One load was all I saw him take, but he took another load before. Do not want the ground. J only want the straw.. Leonard told me he had let the land to Martin. To Mr Aspinall: The straw would have been cut before only the weather was too wet.

; Tommy Terewata: lam trustee of some Native land, ' Leonard occupies. Leased the land to Greedy three years ago, Leonard had no right to lease J it until now. Greedy has not yet given up possession of it to me. y To Mr Tosswill: Part of the straw is mine.

To the Court: So far as lam concerned, Creedy was entitled to the straw, grain, and all. . Robert Lavery: lam owner; of a ebaffeutting machine. Made arrangements with Greedy to cut'his straw, but was not able to commence until last week. Martin oatne and said he had leased the la mi' and would have

the straw. Martin was putting ; up a fence. Have him a written notice, but as soon as I read the first word

he would hear no more. Have been cropping for years on Maori land, and the straw always was taken away if no special arrangement was made. There would be 700 or 800 bags of chaM there. Took away about 180 bags. \

B. Martin: I leased land from two -A Maoris on the 6th of May last. I fenced the land in. The Maoris said

Creedy was ready. He had taken only three crops off the land. Tooß away a dray load, but there was nnlb frame on the dray.

His Worship said it was certain the w straw belonged to the crop, and or-* dered defeEdant to allow Greedy to remove it. He would allow him 14f

days to remove it, and each party should pay his own costs. The Court then adjourned. ''