DISTRICT COURT.

Tuapeka Times, Volume III, Issue 149, 15 December 1870, Page 5

DISTRICT COURT.

(Extended Jurisdiction.) (Before l lis tlonour Mr. Justice Grey.) Tuesday, 13xn December.

James Smith, of Greenfield Station, r. Wm. Archibald Murray.— Claim, £124, for blacksmith work done and goods supplied. Mr. Gooday appeared for the plaintiff, and Mr. Copland for the defendant. The sum of £10 was paid into Court, and a set-off for £38 was pleaded. Defendant denied being due the balance. Mr. Copland stated that there was a cross action in the case, and he wished that both actions should be tried at the same time, as in all probability the witnesses in the one case might be required in the other.

To this Mr. Gooday objected, as his client had only got the summons so recent as to make it impossible for him to get up a defence.

At this stage the Court was occupied fully one hour in hearing objections and answers by the learned counsel. It was ultimately agreed that the set-off of £38 should be struck out, to be tried in the lower Court if necessary. The case was then proceeded with, and James .Smith, being sworn, dejosad lo the facts as follows :— That he was a runholder at Greenfield. That he kept a blacksmith for the use of the station. That he always accommodated his neighbours with blacksmith work, charging the Tokomairiro prices. That the defendant was a neighbour of his and had got work, done, the first item being as far back as 1866. That he had repeatedly desired defendant to have his account squared off, but that he never could gat him to do so. The blacksmith who did the work was dead, and the clerk who kept the books was not in the district.

At this stage, Mr. Copland objected to the books being brought forward as evidence, as the person who kept them was not present. He also objected to the production of copies of letters being taken as evidence, as they were not ai£ thenticated.

After a considerable amount of contention between the learned counsel, the Judge recommended if possible that the matter should be arranged out of Court. He had no doubt that if both parties would quietly meet and go over and discuss the matter withoxit prejudice, that a satisfactory agreement would be arrived at. I lowever, should they not agree., the case could be gone on with. Both parties happily concurred in tha suggestion of His Honour, and they speedily came to an understanding, Mr Murray consenting to pay £58 in full of all demands. The expenses were divided