RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume VI, Issue 302, 8 November 1873, Page 3

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before E. H. Caiw, Esq., E.M.) FfiIDAY, 7th NOVEIIBEE. Downie v. Ah Sum. — Mr. Mouab for plaintiff. No appearance of defendant. This was a claim of £50. The evidence in this ca3e was taken at Queonstown, on account of the defendant being resident there. The plaintiff contracted that defendant should fill up certain tailraces, paddocks, &c, &c, in plaintiff's agricultural leasehold • on Hospital Mat, Lawrence, and the defendant agreed, but failed to carry out tho contract ; and, in consequence of such, breach of contract, the plaintiff now sought to recover tho sum of £50, that sum being, plaintiff alleges, one half the charge which the plaintiff could justly make. John Downie, tho plaintiff, was sworn and deposed as follows : — I am a settler living at Tuapeka. I know defendant. I recognise the deed produced, which was made between him and mo. I never authorised him to assign his interest in that deed. The Chinese have left the ground referred to in this dispute. They left about a month or six weeks ago. They have left three tailraces and paddocks not filled up. They did not leave the ground in a fit state for agricultural purposes. The filling up of the ground, in the judgement of competent ju 'ges, will take £70, although I have only charged £50,. and that is my own estimation, as between 3000 and 4000 yards altogether would require filling ur-j which, would entail much carting. (Witness, by request, divided the required total expenditure into the various items of cost required.) The land I would value at £5 or £6, or perhaps at £8 per acre. It is £60 less in value in its present opened up and unfilled condition. James Gascoigne, a Tuapeka settler, was sworn, and deposed that at a laud sale in the district, land, in Ms opinion, inferior to Downie's, fetched £7 per acre. I acted as a valuator of the damages entailed by the neglect of the defendant. No. 1 tailrace would take 616 cubic yards for filling, which would cost £14 15s. No. 1 would require 1180 cubic yards to fill it in, which would co3t £29 10s. No. 3 tanraee would take 330 cubic yards, at 6s. per yard — total for No. 3 race, £8 ss, No. 1 paddock would take 330 yavcte. It would have all to be carted. This is reckoned at Is. per yard, making a total of £16 10. No. 2 paddock would take 165 cubic yards ; cost of same at Is. per yard, £8 ss. An expenditure at (he rate of £10 per acre would not put tho land in its proper condition. Daniel M'Clusky, far-mei\ Tuapeka, deposed to having acted as valuator with the preceding witness, and he stated that his calculations agreed with the totals arrived at by that witness. His Worship reserved his judgment, which ho said he would deliver" on Tuesday next. Smith v. Andei'son. — This case was called on at 2.10. Mi\ Gooday for defendant. This was a claim of £5 15s. Defendant paid £1 into Court for grass seeds, and pleaded not iudebted for the remainder. Mr. Henderson appeared for plaintiff. In this case the plaintiff, who is a runholder, sues defendant f or* the value of seven Bheop, which, were killed by a dog, the property of defendant. Mr. G-ooday stated that the defendant was sick in bed 1 , and unable- 'to attend the Court. He asked for an adjournment, as defendant was prepared to produce evidence to the effect that his dog could Hot have killed the aheep referred to on the day mentioned. Mr. Henderson submittedthat a definite day was not mentioned ; " on, or about," the summons stated. His- ~Worahip] said b,e would hear the evi-

dence for the plaintiff, and then consider whether an adjournment was necessary. Mr. Henderson then called -I James Smith, of Greenfield Station, but his evidence was not material to the case, as he could only speak from information furnished him by his shepherds. He knew nothing of the matter himself. In cross examination, Mr. Smith said he knew Charles Anderson, the defendant, who came to him a few days since, but did nob offer to settle the matter. There Avas soinethmg^eaid aoout a petition from tho people of Tuapeka Mouth, but he (plaintiff) distinctly deaied saying to defendant that- if "-he had not signed the petition he would not have' sued him. Gardner Sinclair deposed that he remembered seeing seven dead sheep on Saturday, the 27th September, on what he understood to be Mr. Smith's run. The sheep had been worried by dogs, but he did not see the dogs worrying them. He was informed on the 25th September, that dogs were among tho sheep. After seeing the dead sheep, he went to Tuapeka Mouth, and told another in Mr. Smith's employment to look out for dogs In cross-examination, witness said there were no sheep at the samo^place two days before he found the carcases. George Chitty, shepherd on Greenfield Station, gave evidence to the effect that on the 27th September, he went over his ground on foot, and heard dogs barking in a gully. He went in the direction of the sound, and saw two dogs about two miles from defendant's house, but lo3t sight of them when they were within about 100 yards of the house. He saw one of the same dogs on the following "Monday, at the Tuapeka Mouth Saw Mill, tied up in an outhouse with a piece of flax. Defendant's son, a youth of about 14. years of age, who works at the mill, told witness the dog belonged to him. Tho other dog he believed to be the same one he subsequently saw at defendant's house. Mr. Gooday reviewed the evidence, and submitted that it had no bearing on tho charge made against the defendant, in whose favor he would therefore ask for a judgment. His Worship remarked that, as £1 had been paid into Court, part of the debt was admitted, and he could not give two judgments in the case. Addressing Mr. Henderson, his said the farts seemed to be against the plaintiff, so far as the killing of the sheep was concerned. Mr. Henderson said he would be willing to accept a non-suit as regards the sheep. The Magistrate said he could not do that. There was no evidence given to connect Anderson with the sheep, he avoulcl therefore give judgment for the amount paid into Court, with 225. expenses. Mr. Gooday, for his client, pleaded poverty, and proluced evidence to that effect, and asked for two months' time to enable him to pay the costs. Application granted. Ilai/v. Lancaster. — This case was adjourned until Tuesday, the 21st instant, to allow his Honor Judge Gray to sit in tho District Court. Tonhs v. Grundy. — This case was adjourned till Tuesday first.