DISTRICT COURT.

Wairarapa Daily Times, Volume 5, Issue 1441, 27 July 1883, Page 2

DISTRICT COURT.

MASTERTON.-I'RIDAY.

[Before Hib Honor Judge Harduastib,] W,H,Hoskingv;John Stevens.— Debt £il Mr Bunnffor plaintiff, no appearance of defendant' .. '' . The Court stated that it had a certificate from the Speaker of the House of Representatives exempting the defendant from attendance. ' : Mr Bunny said the exemption only applied to Mr Stevens in his capacity as a witness, not as a party W the suit,

He proposed to dispense with him as a witness and proceed with the case. 'The Court held that the material question was whether the defendant was a member of Parliament, and had obtained, the certificate required by law. Mr Bunny pointed out that it did not follow that the John Stevens summoned as defendant was thosame John Stevens summoned as a witness, The Court replied that tlie records of the case shewed tint they were one and the same person, -.r It thought: that the case must be adjourned. "J ' • Mr Bunny said he had sub'pceued witnesses from a distance, and hatis.ajl no notice of any defence, and submitted that the case should' proceed till the necessity for adjournment arose. He also argued that; Mr. Stevens had only claimed exemption as a witness and not as a defendent. He asked the Court to interpret the statute strictly. The Court: You have convinced me, Mr Bunny.

_ Mr Bunny, in opening, said the circumstances of the case were that the defendant and others undertook to obtain a native lease at Te Weraiti for Mr G. M. Drummond within.three months. The agreement was not carried out, and subsequently a second one was substituted, in which the defendant and others agreed to obtain an assignment of the lease to W. H. Hosking, and to indemnify G. M. Drummond for failure to carry out the former agreement, The fiist agreement was executed in August,. 1880, and ,the second in May, 1881. The second agreement had not been carried out by the defendant, and in consequence of this failure the present proceedings were taken. The defendant authorised the Te Weraiti survey to be completed, and undertook to pay for the cost of same. On this authority Mr Frazi was employed by plaintiff to rectify the survoy, and' paid the amount which was sought to be recovered in the present action, J. W. O. Marchant, Chief Surveyor of the Provincial district of Wellington produced a plan of the Weraiti block prepared by Mr Gwyneth for the Native Lands Court. It was certifiod to as a sketch map for a provisional investigation. There were many defects in the plan which were apparent on the face of it. Gwyneth proposed to supply another plan in accordance with regulations, within a week. This was done, and witness, on examining the completed plan, found it was insufficient to comply with the regulations of jthe Survey department or to issue a title on. Witness called upon Mr Gwyneth to perfect the plan, but the latter had removed to the Waikato and did not furnish the information required. Mr Frazi was subsequently employed to make acorrected plan by Dr Hosking and was instructed by witness as to the manner in which the survey should be made. Mr Frazi furnished a plan (produced) which was checked and approved by the department, A cortified copy of it was sent to the Native Land Court, on which a title was issued. Witness could not say whether the £45 paid to Mr Frazi for the work was an unfair charge. His own estimate for completing the work was £25, but the department had facilities for completing work which a private surveyor might not possess, Mr Frazi might have done more work than was absolutely necessary for the completion of the plan. Witness had had communication with Mr Stevens with reference to the plan. At this stage of the proceedings witness asked whether the correspondence in his office was privileged, The Court replied that it was not, and that witness must produce documents called for, unless the public service would be prejudiced by their appearance, Witness stated that the first communication from Mr Stevens dated April, 1880, asked if Gwyneth's plan was completed, The second was dated llio 16th July, 1881, expressing liw surprise that the survey was incomplete,' and an opinion that some one was blameable, It asked the witness to get the survey completed, and agreed to pay the cost of the work, provided that it did not amount to any considerable sura of money. Defendant called at his office a week or two ago and spoke to him with reference to the plan. Mr Bunny: Did you receive any application from Mr Stevens with reference to Mr Gwyneth's license? Witness: Had some recollection of some such incident but could find no record of it, P. C. Frazi deposed that he could not account for the difference between Mr Marchant's estimate and his own. At some seasons of the year work was more valuable than than at others. To the Court; I cannot give the actual amount of work done for the charge, The plan would shew it, To Mr Bunny; I cut the whole of the lines on the property, Mr Marchant, recalled, said that Mr Fran's charge for a rtsurvey was not unreasonable. His own estimate of £25 for the work was only for a portion of it, He was not surprised when he heard that a private party was getting £45 for the re-survey, It was absolutely necessary to have the survey made again as he never saw a survoy in a worse state. [Left Sitting.] THE CANTERBURY LIVE STOCK MARKET. <p Messrs H. Matson and Co, report on the Live Stock Market, 4c., for the week ending Thursday, July 19, as follow*: For yesterday's Addington market a considerably increased entry in sheep came to hand, including a large proportion of primo quality cross-breds, the balance being chiefly made up of merino wethers and lightweight crossbreds. Buyers were fairly, represented, and most of, the lots changed hands, though generally at prices a shade below last week's quotations, Throughout the auction values fluctuated considerably, medium class crossbreds commanding far less attention and realisiug lower rates in propoetion than the heavier and better -liriesj whilst towards the middle and close of the sale a much keener spirit of competition was shewn than at the opening. Ab consignments of our entry

deserving sperial notice, we may menlion the Fareora wethers, a magnificent line of sheep, which changed hands at 19s and 19s 6d per head, Mr S. Overton's wethers at 19s; Messrs Barker Bros', Romney ewes at 17s, Mr H. Washboume's cross-breds at 17s v wethers for Messrs Moderate 14s, two and four-tooth wethersfttir Messrs Dudley and-Northey at Mod, ik Wo quote 2|d to 2|d per lb as the day's rates, fofmutton, anything like wethers reaohing without -"difficulty to the last-named ■' i ipi'ice. For the beef sale'there-was just an)average entry, chiefly made up Of. medium quality catlle, with a few j pens of extra prime heavy bullocks, r As, usual, this quality' commanded attention, prices ruling from .£lO to. £l4 per head for the line.! Onaccoiihi of Mr W. Birdling we sold 21 medium weight steers at from £6 to £9 20s per head;'other lots, account various ownors, at equal rates.. Wequotothe best beef at from 21s to 22s 6d per.;. lOOlhs, light classes 18s to 20s, with a ' very,dragging sale, In store cattle there were but few on offer, inost : of the lots being cleared with a slightly better trade. Pigs again represented .= a, large entry, though on the whole there were comparatively few heavy , enough to suit the curing trade. With an absence ..of what was required, buyers competed with plenty of spirit for what was procurable, every pen changing hands at prices fully bearing out late values, The totals yarded for the day comprised 6696 sheep, 249 head of cattle, and 312 pigs, of which ? our entry included' 2788 sheep, 104 head of cattle, and 166 pigs. In fat sheep our principal sales were—s4 cross-bred wethers at 19s and 19s 6d, G7 at 14s, 179 at 14s 6d, 54 at 17s, • . 84 at 18s, 83 at 17s, 31 at 16s 9d, 70 at 13s Go 1 .; 60 mixed cross-breds at 12s 6d, 103 at 12s, 97 at lis 3d: 120 merinos at 8s 6d; 82 cross-breds at 13s 6d, 93 at 12s 3d; 80 merinos at 8s 9d j ■ 70 cross-breds at 335, 50 at 13s, 150 at 13s; 70 merinos at 8s 9d; 92 crossbreds at 13s, Stoves.—7o mixed crossbreds at 12s 3d, 126 at lis 6d, 101 at Us 3d; 81 merino wethers at 7s Id. Fat Cattle.—s at £l los, 2at £9 ss, sat £l ss, sat £6lss, sat i£6,3 at £5 15, 4at £6, 3at £6 105,'3 at £« ss, 3 at £5 15s, 2 at £7 10s, 4 at £6 ss. Stores, nominal, In pigs we cleared our entry as under,—4 at 26s 6d, 9 at 345. 4 at 265, '3 at 48s, '4 at 43s 6d, 4at 435,'5 at 40s, 4at 365, 5 at 365, 18 at 265, 6 at 345, 6 at 31s, 6 at 325, 6 at 31s, 6at 2Gs, 11 at 16s 6d, 4at 48s, 5 at 43s 6d, 8 at 265, 6 at 41s, 6at 425, 6 at 355, 6 at 30s, 6 at 31s, 7 at 20s, 11 at 6s.