R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3177, 11 April 1889, Page 2

R.M. COURT.

MASTERTON—THUBSDAY,

(Before Mr H. S. Wardell, R.M.) DRUNK. Joseph Stringer was brought up on a charge of drunkenness, and on the applications of Sergeant Price, who stated accused had been drinking heavily for some time, and was not fit to be at large in his present state, was remanded until to-morrow morning. CIVIL' CASES. Several debt cases were settled out of Court or judgment entered upon confession. Robert Donald v. Whareama Road Board; claim, £1212s 9d, for timber supplied. Mr Beard for plaintiff, No appearance of defendants. Judgment was given for the amdunt claimed, and costs £2 4s.

C. A. Pownall v. 0. \V. S. Jackson ; judgment summons, £B. An order was made for payment at the! rate of .£2 per month. A. W. Renall v. J. Billington. Judgment summons, £B7 Cs Gd. The judgment creditor said the debt was of long standing. .It was principally for BeedoatHwhioh he had supplied on the understanding that ho was to bo paid on the following harvest. He had not been able to get his monej, and after waiting a long

while, lie took a < summons out against him. übout- a week after the judgment, lie found Billington had given a bill-of-sale to Mr B. P. Perry over everything. M r Beard, for the judgment debtor, explained that the bill of sale had been given to Mr Perry under arrangement to secure payment of the rent. The judgment creditor

had agreed to accept oats in payment of the claim at 2s Gd per bushel. He, however, thought better of it and repudiated the arrangement. Mr Kenall to judgment debtor: "Mr Beard says you offered to give me oats for what you owed. When did you offer to do 60 ?" ■Debtor: I was going to offer, but you blackguarded me so. Creditor: Where did you see me ? Debtor: At the mill. I came down on purpose to offer to let you have oats, but you were bo boisterous that I could not get a word in, and I told your miller that you could have oats.

Creditor: Where aro the oats now ? Debtor: Some are down at my place. I did not give Mr Perry a bill of sale until you summoned mo. Creditor: How many bushels did you sell him; can't you give a guess? Debtor: No, I owed about £IBO for rent. Creditor: Well, its no use occupying tho time of tho Court like this. What are you going to pay ? Debtor: I will pay as soon as I can. Creditor: You've said that for the last three years, How much will you pay? Debtor: What's the lowest you'll tako ? Creditor: No.no,that won't do; what can you pay ? Debtor: I don't want to cheat you. Creditor: No! Well, you're going a curious way to pay, Debtor: I'll try and pay one pound a month. It takes me all my time to keep my family. Creditor; Well, if I got many more customers like you I should not be able to keep any at all. His Worship: Are you prepared to accept tho amount offered, Mr Eonali? Mr Benall: Oh yes, 1 suppose 1 must, Your Worship. It'll take three years to wipe off, Make it 10s every fortnight. (To the debtor). You understand, Billington.if you don't pay up you'll go to quad!

Debtor: Well, that will bo a rest anyway, I've been worried enough lately. Mr Benall: Liko the person |hat got a new situation whero there was nothing to eat; the lady said it would rost her jawbones. Debtor; It would do you good to give yours a rest. (Laughtor, whioh. was quickly suppressed,) The order was made in accordanco with the termß agreed upon. L. Allen v Ankotell. Claim LI 6s, sinking well, wages, k His Worship stated that LB 16s had been paid into Court, and asked plaintiff if ho would accept that amount, which plaintiff refused to do.

Plaintiff sworn, said Ankotell arranged to give him Gs for a day's work on the last day in January, and on tho second day ho charged 7s, A month after he dii other work for defendant, sinking well, &c. By defendant; Would swear he was at work in the well before 11 o'clock. Was to dig the well 28ft. Would swear it was not 22ft 6in, Measured the well.

Defendant inanswertohis Worship, said he had to employ other labor to finish the woll.

Plaintiff, examined by defendant: Preferred going home to working in the rain, while employed at tho Taratahi.

His Worship intimated that he would adjourn tho case, and advised the litigants to settle it out of Court, Savage v. McKillop. Claim L 25 money advanced toward tho oroction of a cottage, L2O compensation for improvements to tho laud, and LBl2s for grazing defendant's cattle, Total LIB 12s. Mr Pownall .for plaintiff, Mr Bunny for defendant, All witnesses were ordered out of Court.

Plaintiff sworn, deposed that lie was a settler residing at To Ore Ore, Mr Bunny here contended that tho action brought concerned interest in land, therefore there must be a contract, and in order that plaintiff could sue upon it, that contract must be in writing. Tho contract had been terminated, which amounted to forfeiture. If so, this Court had no jurisdiction in the matter. Plaintiffs only remedy would be to take action in the Supreme Court,

Mr Pownall submitted that the case was not based entirely on a contract. His client was suing for money laid out for defendant's benefit.

His Worship said ho was quite clear that there was no ground for the other items. Tho caso would have to be restricted to the £2o, money advanced. The Court hero adjourned to enable tho counsel for plaintiff to revise his action.

On resuming, Mr Pownall iotimated that he had looked up the points raised by Mr Bunny, and found that in the first place this claim for improvement was not a 'contract or sale, He intended to show that whatever his client did ho did on the understanding Mr McKillop would remunerate hinijfor his doings, t He submitted that the acts of Doth ptfi'fa hafi tldttt in such

a way. that,no writing was necessary. Savage went into possession, and relied on the understanding that he would be paid for any improvements. His Worship said it seemed to him that the plaintiff had chosen to enter upon the land and iuiprovo it without an agreement. He did not think it reasonable that defendant should ij'B called upon to pay ; for any improvements plaintiff chose to make. Mr Bunny contended that plaintiff could only get relief for forfeiture. His Worship said it appeared the improvements done did not include the specified improvements named iu the contract. Mr Fownall said ho would eliminate : the £2O for improvements, leavingthe £2O for money advanced, and £3 ' for grazing, (Loft Sitting).

Volunteers-

A riflo match was fired on Wednesday, April 10, at Greytowiij between uine men of tho Master toil Kifiesand a similar number of tho Greytown Rifles. The following are the scores

"MARITANA." As this popular opera will be produced this evening by the Amateur Operatic Society, a short cesoription of the plot will doubtless w be of interest to our readers. The first scone openß in the Spanish city, Madrid, and represents h square, where a number of peasants, soldiers, boatmen, etc., are inviting Maritana (Madame Morley) to sing to them and tell them their fortunes. The King of Spain '(Mr Hooper), who is enamoured of the charm* of the fair. Gitana, is almost an unobserved spectator of the scene, the only person who recognises him being his Prime Minister, Don Josi (Mr Bray), who, for purposes of his own, invites the Gitana to hear him toll her fortune; which he does, promising her a speedy and rich marriage. Just as he has concluded, a terrible noiso is heard, and Don Ctesar De Bazan (a once wealthy and powerful Spanish grandee, but now reduced to rags through gaming and drinking) is seer, being pitched out of a gamii g house, after having been cheated of his last marivedi. He is recognised by Don Jos6, who is about to ' him assistance, when Lazarill# G. Hooper) an armourer's apprentice, rushes on to the stage, closely pursued by the Captain of the Guard (Mr Pownall) and his soldiers, who are trying to arrest hiin. Don Ctesar pleads the cause of the youngster, but finding the Captain obdurate, loses his tornper, and, in spite of being warned that it is holy week (when to draw the sword is death), he challenges the Captain, who ia • nothing loth, to a duel, in whioh the Captain gets killed, Tho Alcade (Mr Fitagibbou), a Magistrate, arrests Don Caw, who is hurried off to prison, and sentenced to be hanged 1 for drawing his sword in holy week, 1 The second act discloses a prison coll, with Don Ctosar within Uo hours of his execution, asleep, atten--1 fled by Lazarillo. Do wakes up, and • is at a loss to know how to kill the time, when Don Jose enters to see if he has any last requests to make He asks that he may be allowod to be shot instead of hanged, and that Don Jos6 will tako Lazarillo into his 1 Bervice as page, to which Don agrees provided that Don tear will* 1 marry a lady previously to being executed, Don tear assents, and Don Josi presents Maritana, closely veiled, as the future bride of Do®. Cfficav. The third act represents mf ball room in Don Jos6's Pake where a grand entertainment is being given iii honjr of the coming of ago of the Marquis's niece, who is no other than Maritana, whom Don Jo:6 Im3 induced the Marquis to adopt by offering him a rioh appointment, In the midst of tho festivities Don Ciesar appears on the scene in search 6f his wife, whom he can only recognise by her voice. He encounter? Don Jose who is greatly disconcerted by his preseuco, and asks him how he got there. Don Ctesar explains that while the soldiers were drinking at his wedding Lazarillo drew the balls from their mußkets, and they left him on tho ground thinking him dead. Don Jos6 is now at his wits, end to. know how to get rid of him as 1 he cannot have him re-arrested the. King having issued a pardon for Don ■ tear, so he offers him a pension he will quit Madrid for ever. Doflf ' Ctesar complys, and is just signing" an agreement to that effoot when he : hears Maritana singing in the next i oony.n l reoognising the voice ho tears 1 up the agreemeut, draws his sword on Don Joe 6, who, however, calls the guard, and has him expelled from the Palace. The fourth aot represents a saloon in a villa situated in the couuiry, where Don Jos6 placed Maritana, now supposed to be r a widowed Countess, in order that the King can easily visit her. In the meantime, Don Ctosar, who had been searching everywhere for his unknown wife, appears on tho scene, and accosts tho King, who retires, leaping orders with Lazarillo (who is now page in waiting to Maritana) to have Don Ctesar thrust out of the houso, Lazarillo, however, contrives a meeting botween Don Ctesar and Maritana, who recognize each other as husband and wife. Maritana induces him to iuteroedo with the Queen on her behalf, Don Ctosw. • does so, and in tho Palace grouJp discovers Don Jos6 making lovoTo the Queen, in tho absence of her Royal husband. Don Ctesar interposes in the interest of his King, and ! a duel is fought in whioh Don Jos6 ib i killed. The Queen sends her i attendants in search of the King, ■ whom they eventually find as a guest »of Don Ctesar and Countess de Bazan. Don Ctesar is made Governor of Lisbon, and the curtain falls admidst i general rejoicing. i Neither time, trouble nor expenso i btt hpto JjDSftd to : {fat tWs' vW

famed opera on in a creditable manner, and wo vonture to assert that overyono paying tlio Thoati'O a visit to-niglit will be woll pleased and rewarded for tlioir trouble.

ROAD BOARD, An ordinary meoting of this Board was held at the oflice of the Board on tho 6ih inst. Present: Messrs A, Anderson (Chairman), M. Neilson, and E. Morris. The minutes of the previous meeting were road and confirmed. Correspondence was read imvards from. Wnirarapa North County Couii r /il re poundkeeper and _ ranger. ■worn samo stating no funds aro available for sproading motal on Alfredton Road. From 6amo ve supervision of metaUwig contracts. From Chief Survewpith plan of abandoued road adjoining section 84, Block 111, Mangaono. From J. McDonald complaining ofgate erected on road adjoining his section. From Bank of New Zetland stating £SOO had been placed on deposit for 6 months on Parkville loan acco'int. From H. S. Wardell K.M., re the use of the Board's office for an K.M.i'ourt. it was resolved that the Department of Justice be allowed the uso of the office for tho B.M. Court; that Mr Fredricksen supply a cord of firewood [1 for the oflice; that II r liudden be r allowed to erect a guto on the road on obtaining tlio consent of tho settlers interested; that Mr MoLaclilan bo instructed to prepare the plans of work on the Ceutral Manga, onoßoad; that the Chairman and Mr Neilson he appointed to inspect tho plans of bridges on the Mangaono Valley Road. Tlie Engineer reported on the works in Parkville. Chisholm's stumping contract is com ploted with the exception of ono tree. The three lormation contracts ■are progressing favourably, and a short extension of timo was granted lo each of them. Accounts amounting to £269 5s 8d were passed for payment, and the meoting adjourned.

MABTERTON. * i ds nn i ds Art yds Tl. Art i Srgt, Matthows < UU t 28 UU 25 UU 29-82 Vol. 0, Beutley 28 25 20-78 J. Williams 26 23 23-72 Corpl, MoLauchlau 28 20 20-68 Vol. G. liently. 80 25 18-68 Srgt. Kibblowhito 27 25 15—67 Capt. Donald 28 25 19-06 Vol. McKenzie 22 20 14-61 Col. Srgt. Wood 18 28 14-60 Total 617 Gbevtown. yds yds yds TL Capt. Cameron 200 80, 800 22 uuU 28-75 Corp. Smith 26 21 28-70 Vol. Hall 28 22 19-69 Vol. Nelson 20 1C 20—62 Col, Sgt. Willaaon 20 16 17-62 Vol. Taylor 25 26 7-58 Vol. Brunton 19 15 10-50 Vol. Fisher 25 19 6-50 Vol. Oatea 28 17 . 9-49 Total 545