RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume I, Issue 21, 4 July 1868, Page 3

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before Major Croker, R.MI )

Tuesday, 30th June. Kmk v. Lahoasteb— Mr. Keen claimed the mm of LlO, being commission on sale of Mr. Lancaster's property, as per agreement. Mr. Keen, being sworn, deposed : Two or three days prior to the 16th inst., I had a conversation with defendant relative to the sale of his property. I told him that I thought I could get him a customer for it. He said if I could he would sell ; and I waa to arrange the whole matter. A day or two afterwards I met him again, and we had a long conversation about the matter. I asked him his price ; he said L4OO. He asked me thtn if the party who intended to buy would want him to abandon the retail butchery. I told him yes ; that would be his motive for purchasing the property. He strongly objected to being bound ; but after a considerable deal of haggling, treating, and bargain, ing, he consented to take L 350. Then I told him what he had already judged, that the purchaser was Mr. James Smith. I asked him what commission I was to have if the bargain was closed. He asked me what I wanted. I said LlO. He said I should have it. He then asked me what would be the terms of abandonment of the retail butchery. I answered, Mr. Smith wanted him' to abandon the business for seven years ; and that he should not sell within ten miles of Lawrence. On the 16th June (after having seen Mr. Smith two or three times in the interval), I saw Mr. Lancaster at the Commercial Hotel. We had another conversation, and the terms were again spoken of; and he said that if Smith did not decide to purchase that day that the bargain would be off, ac he was to start immediately to buy a large quantity of sheep, and then he would not sell at all. He said, " I must know to-day." I said I would immediately go to Wetherstones and bring Smith back with me to close the bargain. I went, saw Smith, and brought him back to Lawrence. Smith told him that he would take the place ; but he was desirous of in1 specting first, as there was to be another arrangement about the furniture. I then considered that my business as agent was concluded. I went to Blue Spur, and upon xmf return I saw Smith, and he informed me that the matter was arranged; and to see Lancaster immediately, and arrange as to the payment of the LSO deposit the moment Lancaster signed the agreement to abandon the retail butchery trade. I saw Lancaster ; and he asked for the cheque for the LSQ. I answered that he would get the LSO as soon as I was able to write the agreement of abandonment. He said, as the bargain was closed the money ought to be paid immediately. I represented to him that that would not be safe as respected Smith, as, if the, money was paid, he might withdraw from the agreernet to abandon the retail business. But I said, in erder to secure him, I would give him a memo, stating that I had bought the place, as Smith's agent ; and I further promised to get the agreement ready as soon as possible. He immediately consented to that; and I went to the Commercial Hotel and wrote the memo, that I had purchased for Smiih (agreement produced). He expressed him•elf satisfied with the document. He then started, and said that he would not be home for two or three days ; and urged me most particularly to .get the agreemant done, and have the whole matter settled. Either that day or the day after, I met him in the street, and expressed my surprise at his being back ■o soon. He informed me that he came back on purpose to urge me on with the agreement, that he might get hi» money and clear out at once. I went on with the agreemant, and was in the act of engrossing on parchment from a draft I had prepared when Lancaster came in. I read the agreement to him. He refused to sign. He said that he never consented to abandon the retail trade, nor keep ten miles from Lawrence, and unless we reduced the distance to five miles, that the bargain was off, so far as he was concerned. He absolutely refused to sign. I offered to give him the money when the agreement" was signed. I did all I could to get him to consent to sign. A day or two afterwards, it came to my knowledge that he had sold the place himself to another party. [ The terms on which I was to receive the LlO ; were, if I succeeded in closing the bargain with Smith, or any body else, which I did ; and I now claim my commission of LlO, as per agreement. I applied for payment, and was refuted.

Cross-examined by Lancaster : I effected a ■ale. I did everything in the matter which was my duty to do I produced to you the deed in draft ; I read it to you. You promised me the LlO even if I should sell at L 350. You accepted the memo as good mntil the deed was ready. You were afraid that Smith would back out. Sfven years was specially mentioned. I omitted a great many things in the memo ; but seven years and ten miles were told over and orer again. Your objection was not to the seven years, but to the ten miles ; you wanted to place ffre instead (memo produced and read). Tho memo was written for your protection, not for ours. I did not wish to put the whole covenants in it. (At this stage, Mr. Richards appeared for Lancaster, he being unwell.) The deed was in course of completion when Lancaster came in ; it would not have | taken more than ten minutes to finish it. It was the distance he objected to. He said seven years was certainly a long time. I asked Smith if he would agret» to eight mile 3 : he would not do so. He distinctly said that;, unless the distance was reduced to five miles —he did not say that, provided the L 350 and the ten miles were struck out altogether, he would sign. I heard Mr. Lancaster say that, if the distance was not reduced to five miles , to consider the bargain at a close. Mr. James Smith wa3 examined by Mr. Keen, and his evidence was entirely corroberative of Mr. Keen's. ' B. Lancaster, sworn, deposed : I am t> cattle dealer. I .hold property on -Lancaster Bill. linifcudedlfr. K«en to tell on wrteip

conditions. He asked me what were my conditions, if he could find a buyer. I said L 40 0; and if completed I |would give him LlO. x Her told- me that he«could not get that amount. Then he was running after me— (Mr. Keen : I never ran)— to know if I would consent to take less., Afterwards I consented to take L 35 0; and I could not afford the LlO out of that. Then the whole affair was gone into. When I got the memo from Mr. Keen I agreed to accept the L 350 upon signing the agreement. I remember the day I got the memo. I saw Smith some days afterwards ; he was satisfied with the premises ; he aaid the money was ready. He never said anything about seven years, nor ten miles ; he merely went to see the property. I had no connection with Smith. I know the document : it is the memo I got from Mr. Keen. I 'understood that the contents were the whole conditions that I had to agree to. j considered that the Bale was not complete until the deed was signed. I have been called upon to sign a deed since I got the memo from Mr. Keen. If I had signed it I would consider the property sold. I refused to sign because there was a penalty of L 350, seven years, and ten miles. You said, "I am glad you have come, as I was just iv the midst of engrossing the deed. I never had an idea of the ten miles, nor the seven years. I then said the bargain was off: the Bale was at an end. Mr. Seen said those were the ouly conditions that Smith would agree to. I then went away.

Cross-examined by Mr. Keen : I told you that I could not pay you LlO out of the L 350. I never asked if the LlO was to come out of the L 350. I remember your handing me 'the memo ; you read it to me ; I was on horseback. I said it was all right. I saw that every bpdy would no* take the document for LSO. I never came to you to urge you to get the deed ready. You never said that Smith's terms were ten miles and seven years. This closed the case. The Magistrate remarked that there was no question that Mr. Keen was employed in the busineßs, but that no sale was effected by him ; therefore he must give verdict for defendant, with costs of Court. Thursday, 2nd Jtji»t. Tho prisoners Jasper, Henry M'lvor, Lennan, Hamcl, and Gilbert, were brought up finally charged with having stolen sheep, the property of Messrs. Cumming and Cable. William Cumming being sworn, deposed : £am a runholder at Horse Shoe Bush. I manage the Btation for my father under power of attorney. The run is adjacent to the Waitahuna heights. I know the prisoners Gilbert and Jasper. They were living close to my run. The skins produced have the station mark on them. It is the mark of the ewe flock. I claim the skins as my property. The ewe flock were occasionally close to where the prisoners were working. My mark was a slit in the off ear for ewes. I never authorised any person to see any sheep. I am not in the habit of selling the ewes, nor did any one else sell them. It is not usual to do so on the station.

Cross-examined by Mr. Keen, vrh.o appeared for five of the prisoners : Mr. Cable's run is the adjoining run. I think the ear mark is peculiar to ray station. I don't think the ear mark is registered. I cannot say, but others may have got same mark. Sheep sometimet stray a good distance. I swear that the skins now in Court are my property. They have a tar brand. The brands may be defaced by the skins being under water for a period. I see the wool has been torn off where the brand was. The brand is on the near ribs. Corporal Dunn at this stage produced a statement written by the prisoner Gilbert, given him that morning, wherein he attempted to make himself innocent, and endeev'ored to fasten the guilt entirely on the others. Mr. Cable being sworn, deposed : lam a runholder at Waipori. I have got sheep. They are branded 51. Different flocks have different brands. I know the Waitahuna heights. Our run extends to the heights. Brand 51 is on our ewe flock. The skin produced has our brand on it. I never sold a sheep, nor authorised any person to do so. This concluded the evidence for the prosecution. The prisoners were committed for trial at the next sittings of the Supreme Court, Dunedin. Liston v. Dodds. — Claim £2 10a. for board and lodging. No appearance of defendant. Verdict for plaintiff, amount claimed, costs of Court, and 10s. expenses. James Lattamon charged with being drunk and disorderly in Ross Place, on the morning of Ist July. Fined ss. and costs of Court, or twenty-four hours' hard labor. George O'Laughlin charged with, having committed an assault upou a ,Chinaoian in Waitahuna on 29th January last. Found guilty. Fined £5, costs of Court, or ten days' imprisonment, half the fine to go to the party assaulted. George O'Loughlin was also charged with having disobeyed a summons to appear at Lawrence on the Bfch day of April last. On this charge he was dismissed.