RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 1026, 29 November 1872, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, November. 28. (Before Joseph Gilea. Esq., E.M.) CIVITi CASES. Schulboff v. Arenas.—Adjourned at request of plaintiff. Harrison v. Denis JTealey ; same v. Seymour; same v. James. Enlargement of summons granted in each case.

Mailer v. Atkinson.—No appearance of defendant. Claim for £8 Is Od, goods' sold and delivered. Judgment given for amount claimed and costs.

T. J. Jones v. 13. llunletfc.—Noappearance of defendant. Defendant applied for and was allowed mileage for self and witness.

Simon v. Atkinson.—No appearance of defendant. Claim for £IOO, dishonored acceptance. Judgment for amount claimed and costs.

Eeuben Carnes v. Temperley.—Mr Fisher for plaintiff.—Action fop recovery of £lB for a horse sold to defendant, and £1 15s for horse medicines and attendance. Plaintiff stated that lie had, on the 24th of June last, entrusted a horse to defendant f>r a journey to Eeefton, upon the under, that the horse was to be returned the following day, and £-h paid for the hire ; or the defendant might become the purchaser of the horse, saddle and bridle, for £lB ; defendant arranging with the plaintiff that if the horse was not sent back within a stipulated time the sale might be considered effected. Plaintiff saw nothing more of the horso or man until the 22nd of July, when defendant requested him to cross the river and see the horse which was suffering from a strain in the loins—caused by a fall on the journey down from Eeefton. Plaintiff, at defendant's request, bled the horse and administered medicines. Ultimately defendant declined completing the purchase unless plaintiff knocked oif £S from the price first agreed on.

Aaron Carrie, brother of plaintiff, gave evidence as to Temperley telling him at the Ohika that he thought he had bought the horse for £li, and witness told him that he had better Fend it back as soon as he got to Reefton, as the horse was worth more, and was the property of witness, who had left it with his brother to sell. Defendant then said he had either to pay £i< for the hire or £IS as purchase money, and that he would send back the horse the next day if he did not decide to purchase. This ho did not do.

The sworn evidence of defendant, as also of a witness named M'Kee, as taken at Reefton - was read.

Temperley stated ho had never bought the horse, but had hired it merely ; the plaintiff stating at the time that it belonged to his brother Aaron. The horse did not suit him as it had been foundered. He had offered to pay t'ie hire but plaintiff would not accept it, and had also declined his brother's suggestion to take £S rather than enter into litigation.

T. M'Kee's evidence was that the horse had originally been his property, aud used as one of a line of saddle horses, and that it had sometimes gone lame while in his possession.

The Court ruled that the evidence proved the purchase of the horse by defendant, but it also showed the action should been brought, not by the plaintiff, but by his brother, an agent being unable to sue where his principal was disclosed. Judgment was given only for amount claimed for medicines and attendance, with proportionate costs. Frank and M'Farlane v, Peter "Williams—Claim for £2 2s, costs of repairs to boat. Judgment for amount claimed aud costs.

WESTPORT WARDEN'S COURT.

Tuesday, November 20. (Before J. Giles, Esq., Wardea.) APPLICATIONS. William Rae.—Registration of tail race. Granted. T. Robinson For head and tail race. Granted. D. Williamson Application for head race. Objected to by D. Lundy. Struck out. C. Brandes—For re-registration of abandoned head race. Granted. R. M'Dowell—Registration of portion of flumed race, north of Beaton's Creek. Objected to by J. R. Phillpotts. Postponed. E. Barkman—Registration of new dam at head of raco on left hand branch of Deadman's Creek. Granted. Jno. M'Mahon Special site for dam. Granted. Alex. Grant Special site for washing. Postponed for one week. Jno. Blackmoro Double area in Ruby Lead, Christmas Terrace. Granted. William Ames—Doublo area on Christmas Terrace. Postponed at request of applicant. Same Registration of tunnel previously abandoned. Granted. W. T. Greenwright—Re-registra-tion of tunnel. Granted. R. Phillpotts—Application for protection for race and flumes. Declined until settlement of disputo with M'Dowell and another. John Seaton Agricultural lease. Deferred until completion of survey. Fahey and party, against Owens and others. Complaint that defendants had interfered with waler rights

hold by complainants, at O'Malley's Creek, bolow the Cemont Lead, Waites Pahiki's, by diverting the water therefrom. The complainants produced registration certificates for right to 120 inches of water; and stated that when water was abundant his party had not interfered with Owen's or his mates in using from the creek, but now that it was scarce, they had given defendant's notice to cease from interference, but which had been disregarded. Con Hogan, one of defendants, alleged that ho had a prior right to the water in dispute in 1868 and that the same had been re-registered in 1870 in the name of his party. Putting in certain certificates in proof. The balance ,of evidence was in favor of complainants. Judgment recorded for complainants, as holders of prior right.