R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3140, 27 February 1889, Page 2

R.M. COURT.

CARTERTON-TUEBMY.

(Before Mr H. S Wabdell, R,M.) ILLEGALLY IMPOUNDING. - •• A, Armstrong v, Joelngley, Mr Beard appeared for defendant, who pleaded not guilty...-.'. The defence set up that as the'title of tho. land was still in dispute, the Court had ho jurisdiction, - : ;, ' The complainant deposed that the defendant, impounded, on the 26th November last, two cows belonging to him off Section No 17,'Carterton." To Mr Beard: Have been in occupation- since 1882, but' Blaokwell took it upon hipelf to clear sqnie stumps oft, hut on being warned to desist, lie'did. Defendant put' up a straining ppst'on the section, but it was removed. Have been in possession since 1882, under authority from Thomas Bennett. Had i-hot been pressed-forrpnt, '■-. To the Court: Tho work dope by, Blaokwell and Ingley. :■ was done agains|i tj)e wish of the. occupant.. '. Thbrnas. Bennett; deposed \ '■ ! Tlj'e pomplainaiit holds possession of the land under my authority, and the agreement made in 1882 was that he should keep the'fences-in. repair, which has been satisfactorily done,'■; : To Mr Beard: I have been the ownerof the property/since 1865, and Ihave been-served),with!-a.writ of ■, ejeotiheht from the \MO. ■'■■ :-y;; ;: ■ i: To; the' Court -writ,; of "ejeet.nienfc ,waj forded as, from : Blackwell i ptnvp|: them;. ;y ; ' tHqiwstion of ejeo^iiwassettled. ;s\i&iMatih)w^T^ \%-. Middletod for pUintiir^r^iinny^

■ or defendant. This ma a ivhich plaintiff olaimed the sum or*i«ga&i fig 10s, for the loss of a cow through *" |B£J ho defendant's negligence, in allow-,', ng his sons to set fire to someJjtft ifood at the Euamahanga' foraTlKd »r»% jy which fire the cow met its deaths The plaintiff depo'sed-I reside SJnaiuho, and was driving a cow tag, m company with James , */ffi Lawrence, about two o'olook p.m. on _«• * ho 6th January last, when we came r< y.? suddenly on a fire that had been lghted by the defendant's' sons, and ** s 6 ,he cow took fright, and rushed into , he fiiejjamongst the logs, and was Durnt to death, I went and informed ' * Jie defendant of the occurrence, and •. J ne pioimsed that in the course of two ~* jrthieodays he would give me an Drderon Mr James Stevens for £5, ' t which he has faded to do. *> To the Court—The cow went thiougli the first smoke and heat, and ' thon seeing moie Bnioke ahead of her she doubled back, 'and ran over the - bank down amongst thologs into tho fire. Jameß Lawrence, lesidmg Afc; n mhe, corroboiated' the ovidence«fk\ to the fire) of the plaintiff. ' "■> W. farmer, lesidmg at, Ahiaiuho, saw plaintiff on the 6th '- of Januaiy on the bank of the Euamahanga river when the occurrence , * happened as stated by plaintift. Thoie was a laige fire and the smoke was dense. The cow was about twenty) aids from the track usually used for the ford I saw four or five in company lighting fires on the morning of the 6th January, but the , only one I could swear to v. as Archibald, son of H. E Bunny. To tlio Coiut It was between six and sevon in the morning when I saw tho defendant s son hghting the fne.

' Judgment for defendant with costs, butcher's troubles. W. H. Wilton' v. R. Buck'erike. Mr Beard for plaintiff, Mr Skj||er for the defendant.' This is a case in which plaintiff seeks to recover the sum of £BB for detention of certain horses, traps, &o. which were the property of E. King, now a bankrupt. , Mr A, R. Bunny watched the case on behalf of the Assignee. " , * W. H. Wilton being sworn, d% posed: On the 20th December, 1889f I made arrangements with B, Hooker to take over the goods and chattels of E. King for the sum of £74 8s fid, the money being paid on the Bth January, 1889, at whioh time I got the receipt, aud took possession of the goods and chattels as described in the agreement, and on the 28th January, 1889, the defendant came and took away the things now sued lor. On the 14th January I leased the.preinises.froin Mr Geo. King. I have applied;to the defendant for the things, but he refused to give them up to me when I took over the business of Messrs King and Buokcridge, Iwas in their employment, and-lras up to the 11th January at 26s -m week and found, King wroteM the paper dated 20th December by* " Hooker's and my consent. The bay ' horse branded N.P., and a bay mare Hope were never in ray possession. • Thetraps &&, were on the premises of Kingand Co. when the defendant came and took them away. Mr Hooker never had the horses and traps in his own possession. .To the Court; I've rented the premises from Mr Geo, King silica the 14th January last, ~* Joseph Ingley and Edwin Kißflf (the bankrupt) gave evidence, but aF' in the same strain as was given at * the meeting of the bankrupt's creditors. . ' ,':■; '

Wilton being recalled (after some' parleying with the defendant's solicitor, for whioh he was reprimanded by. " his Worship) stated that he rented the premises of the late firm of King and Co from Mr G. King, for which ' he paid 10s per week. r^i 15. King, recalled, stated that Jfr reason for his sending a note toB. Buokeridg'e, informing him that he would go out with tlie meat cart-' himself, was because he could get no satisfaction, from Buokeridge in respeof to the dissolution of 'partnership. This closed the case for the plaintiff and Mr Skipper addressed tho Court at some length in refereneo to the evidence given* . The further hearing of the case was adjourned till tho next sitting at Carterton, ; . ■'■"