RESIDENT MAGISTRATES' COURT, LAWRENCE.

Tuapeka Times, Volume VI, Issue 286, 24 July 1873, Page 9

RESIDENT MAGISTRATES' COURT, LAWRENCE.

(Before E. H. Carew, Esq., R.M.) Friday, 18th July. Matthew Ray v. W. M'Beath and D. J. M l Donald, trustees in the estate of the late W. Griffen. — This was an action to recover commission on the sale of land. John >'opUvnd, solicitor, on being asked by Mr. Mouat if he (Mr. Copland) had been solicitor in a case of Halley and another v. M'Beath, declined to answer on the question of privilege. William M'Beath deposed that hetook no active part in winding-up tht» estate of the late W. Griffen. He signed a document to move the Supreme Court to action in the matter, so as to, wind-up the estate. Did not know whether the estate had been wound-np. Matthew Hay, auctioneer, "stated he

received instructions from Mr. Copland as per advertisement produced. Pie sold all the sections in February, 1872, except one — the commission upon which was now sued for. The section was afterwards valued at £60. He applied to Mr. Copland for payuient of the commission. Mr. Copland altered the heading of the account, charging it to Mr. E. ff Ward. The defendants subsequently sold the section privately. Cross-examined by Mr. M'Coy. — Was paid commission on the first sales in February, 1872. The reason why the section was withdrawn from sale was because the question arose as to whether Mrs. Roberts should be allowed to have the ground without being put up to auction. Mr. M'Coy, for the defence, called Mr. Copland, who deposed that the Registrar sent instructionsto Mr. Matthew Hay to sell all the property except section 2, block XLL The ltegistrar also sent witness instructions to pay Mr. Hay his commission, which was not to exceed 5 per cent. Was acting for the trustees. Uonld not tell if he was acting for plaintiff or defendant. In reply to Mr. Mouat, the witness said he could not tell who retained him. Non-suited, with professional costs and one witness, 21s. ; Hubptena, ss.

Saturday, 19 th July. In Bankruptcy. Be Edward Vernon.— Mr. Gooday applied to the Registrar to name a day for the final examination and discharge of bankrupt. The 12tli August was appointed.

Tuesday, 22nd July. (Before B. H. Carew, Esq., E.M.) F. Meyer v. D. Francis. Claim for L 7 15s. 9d. Judgment for the amount claimed and costs of Conrt, 14s. J. Gascoigne v. W. Draper. — Claim for damages said co be sustained by plaintiff through defendant's pigs destroying potatoes. Plaintiff deposed to several occasions when defendant's pi<rs came on to his ground and broke open potato pits, destroying many and eating some. Estimated the entire damage at L 2 ss. Mrs. Gascoigne corrohrated in part the evidence of plaintiff ; but there not being sufficient proof to establish, the ownership by Mr, Draper of all the pigs, julgment was given for the reduced amount of 155., with costs of Court, 9s.