RESIDENT MAGISTRATES' COURT, LAWRENCE.

Tuapeka Times, Volume VI, Issue 1294, 18 September 1873, Page 5

RESIDENT MAGISTRATES' COURT, LAWRENCE.

(Before B. H. Carew, Esq., R.M.) Friday, 12th Sep. 8. Gurregh v. James Kelly. — Defendant in this case paid into court the sum of £1 12s. After evidence was taken, judgment waa given for the amount of claim, L 5 Bs., including the amount paid into court, with 19s. costs ; balance to be paid by instalments of 20s. per month. Gurregh v. Jeremiah O'Leary. — Claim for £4 3s. Bd. Judgment for amount claimed, with costs of court, 10s. Gurregh v. B. Ferguson.— Claim of £2 7s. 6d. Adjourned for one week at" plaintiff's request. Willis and Carr v. B. Lancaster.— This was an application for a re-hearing, but was refused by the Magistrate. Runt v. Biddell.— This was an action brought to recover the sum of £18, for three bullocks bought by plaintiff of defendant, and £32 for alleged damage sustained through their subsequent detention. Mr, Copland for plaintiff; Mr. Mouat for defendant. It appeared from the evidence that defendant sold to plaintiff on the 18th May, while at the Beaumont, three bullocks for the sum of £18 ; but they were not to be delivered until the 15th July, as they were at the time of sale being worked by one W. Box. It was arranged that on the latter date they were to be turned out at the Beaumont ; and, from the evidence of Box, it appeared he had done so several days before the time specified. Plaintiff afterwards came to Bos. and said the bullocks were to be delivered at the Bellamy station. Box offered Hunt to take them up to the Bellamy Btation or show them to Hunt at the Beaumont if paid for so doing. Maclean threatened to impound all cattle, and Box wrote to Rid dell asking if, in the event of the bullocks being impounded, he should release them. The evidence was somewhat conflicting, and h'.s Worship deferred his decision until Tuesday, which was on that day given as follows : — Judgment for plaintiff, viz., £20, with costs of Court, 30s. ; expenses of one witness, 20s. ; and professional costs, 21s. ; to be reduced to £2 on the delivery of the 3 bullocks to plaintiff, at Evans Flat, on the 26th December ; defendant to pay costs as above. Mr. Mouat gave notice of appeal to the Supreme Court. R. Lancaster v. Carr and Willis: — Claim for £61 for goods, &c., supplied since August last year. Mr. Lancaster proved the debt, and judgment was given for the amount claimed, with costs of court, 12s. 6d,

(Before Alexandar Stewart and John F. Herbert, Eiqs., J.P.'s.) Tuesday, 16th Sep. John Ellis, charged with allowiug four

horses to stray within the town boundary, was fined ss. for each horse, with coßts of court, 6s. 6d. John Roberts was charged with a similar offence for one horse ; fined 55., with costs, 6s. 6d. David Lewis was charged similarly. The case was remanded for 14 days. William Tolcber was charged in the same manner. The case was remanded for 7 days. Pearson v. Draper. — This was a suit to recover the sum of £3 15s. for rent. Mr. Copland for plaintiff ; Mr. M'Coy for defendant. John Pearson proved the correctness of the claim. Cross-examined by Mr. M'Coy. — There was water in the paddock at the time the land was leased. Mrs. Pearson gave corroborative evidence. Mr. M'Coy submitted that the rent was not yet in arrear according to the terms of the lease, and that plaintiff had broken the lease by cutting off the supply of water. W. Draper, the defendant, deposed that the paddock which he had leased from the Pearsons was useless to him since they had diverted the water from running through the same. In ordinary weather there was not sufficient water for even domestic purposes. W. Blundell gave evidence* to the effect that the water had been recently deviated from the land referred to. Judgment was given for the amount claimed, with costs of court and 21s. professional costs. The Bench remarked that if Mr. Draper had sustained any damage through plaintiff stopping the water, he had his remedy in another manner. Mrs. Smith v. Pearson. — This was a suit brought to recover the cost of certain fencing between the properties of plaintiff and defendant. Mr. Monat for plaintiff; Mr. Copland for defendant. Mr. Mouat suggested that the matter should be referred to arbitration, as it was a case of much difficulty to decide, unless the parties in whose hands the decision lay could view the land. Adjourned for one week for that purpose. Mrs. Smith v. D. Whittet.— This was an action brought to recover the sum of 225. 6d., being the value of three empty cases wrongfully detained by defendant. It appeared the cases contained a tombstone and other things, which were to be erected in the cemetery to the memory of, the lato James Smith, husband of plaintiff. Defendant had been employed to erect the tombstone, and had taken them out of the cases and used part as firewood to heat the lead required in fixing the iron rails. Defendant admitted he had the cases, and plaintiff could have them on payment of 33. cartage from the cemetery. He had informed plaintiff that she could have them on payment of that sum, and he was still willing that she should have them. Verdict for defendant ; the cases to be returned to plaintiff on payment of 33. ; plaintiff to pay the costs of court.