RESIDENT MAGISTRATE'S COURT,

Tuapeka Times, Volume VII, Issue 340, 21 March 1874, Page 2

RESIDENT MAGISTRATE'S COURT,

L4.WJRESCE. (Before E. H. Carew, Esq., R.M.) Friday, 20th March. Andreivs v. Heritage. — Action to recover the possession of a close occupied by the defendant at the back of plaintiff's smithy. Mr. Mouat for the plaintiff; Mr. M'Coyfor the defendant. Richard Andrews, farrier, Lawrcne — Purchased my ground from Frederick Meyers. (Deed produced but not admitted.) The defendant was then in possession of a piece of ground, included in that I purchased. He refused to yield up possession. Mr. Mouat obtained an adjournment, without costs, for one month, with a view of proviug a deed, which defendant's solicitor refused to admith. M'Kimmie and Another • v. Capstick. — Settled out of Court: Jll'Kimmie and Another v. Cousins. — Action to recover £12 12s. 6c1., half the value of dividing fence between sections 32 and 30, block 111., Tuapeka East, the property of the defendant, and section 31 of the same block, the property of the plaintiffs', under section ■t of the Fencing Ordinance, 1872. Evi.lence was taken shewing the particulars of dimensions of the fence ; the time of erection ; the occupation of the properties, &c; but the requisite notice turned out to have miscarried. Mr. M'Kimmie supposing another member of the family to be John Cousins. Plaintiff non-suited, with professional costs, 21s. Isteed v. M'Kee. — Claim of £5 for damage done by seven head of cattle, trespassing on section 19, block V., Tuapeka East, the property of the plaintiff. Mr. MCoy for plaintiff ; Mr. Mouat for defendant. Evidence was given of the trespass and. the damage done. For the defence, evidence was given shewing the improbability of tho defendant's cattle trespassing there on the date mentioned, the 28th February last. His Worship was of opinion that the balance of evidence was in favor of the plaintiff ; but felt some difficulty as to the amount of damage, as other cattle had also trespassed. Judgment for £2 ; costs of Court, and one witness, £L 75.; and pros fessional costs, 21s.