RESIDENT MAGISTRATE'S COURT.

Waikato Times, Volume X, Issue 816, 8 September 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

Hamilton, Friday, September 7 £ Before W N Searancke, Esq., R M. and J B Whyte, Esq, J.P.] Strange v. Crawford.—Claim, £ls 2a 4d. Mr Hay for plaintiff, Mr Dufaur for de. fendant. Alexander Crawford, the defendant, being sworn, said—l know the document produced. I cannot swear that the signature attached to it is mine. I cannot swear it is not mine. The timber mentioned is the sanu I am now sued for. I received Borne timber from Strange's Bush, from ttie sawyers. I was to pay them 143 per huudred, and 2a a hundred royalty to Mr Strange. 1 made that contract with one of the sawyers, - Macoamara. I bad a contract with plaintiff to pay him 2s per 100, and employ my own sawyers. 'Frederick strange, plaintiff, sworn, siid—l hid a -conlraut with defendant for supply of timber, previmia to his obtaining thr> timber, the subject of this action, from my sawyers, namely, t > pay ma 2s royalty, and fiud his own lawyers, Tint contract \W tWßUltfqdi Mauqaj

~ wtre in my Maenamair& oame to me, to know if lie could let deforciant have some limber. I said, " Yes; from ine." I author ami him to let Crawford have \t from •Defendant was to pay mo 15s per \mndred for boards. He took all bpard^jp Jlfp•* reasonable price. I Ibave pVid Maoriamara and Custleton • for. c,uttfr»g t she timber, about a fortnight ago. Th'ey had no general authority ,to, sell timber on my account. I always 'told defendant I should look to him for payment for the timber. ; - .>...■ nvl u,h,^^ry^^^ Francis Mnonamara, sworn, said—l am a suwyerj cutting timber' in" * plairitiffV bush. I remember' suing :im May; I was then in plaintiffs-employ, cutting timber in his biishtfor Iggijper) 100. Mr.Strange; gave me permission, tot let defendant have 2000 feet. I told him it would be 15b i per 100,' ifia)[ boards. I witnessed ,defendjwt'f jig^ai^rea, to w »U r threedoeamehta. The 'timber, was Bold

on plaintiff's aooouritr\ ''".. *: »-jV- i D N'Mdlesworth, a sawyer/'deposed to the 1 signing of the Wen* dam).— •- '■ "-■' l"*™** " T \»" James Caitieton ga¥S f slmW'&vfllcffoe to that of Maonamara. ri ?*''■" ; 1U A Crawford, re-oalled, said t'Trt'dollelet going to the busli when-they-were idle/

I previously and spoke to him about \imoer/;> to me at 14s, and .royart^lv2i€aK^£edrup with plaintitf b1s v him the balanoe. I agreed to pay them 14s and 2* royalty* to plaintiff. A ■£ -,•■; ■-.. ■■-> *.\ T Walker, 8 worn, stated : I was'cartiife; timber for Mr Crawford by,contract. „,i recollect Strange, Maonamafa Crawford, and myself being present: Mr Strange gßaid.ta Macnanura VYou'JaMMelling'all '<a'y timber.' Maonamara said,' I asked. -a.anet Wm on the road, he had sold 2,000 feet to Crawford., It is usual for sawyers to aell timber on their oWn account and pay the royalty to the bush-owner. c Harriet Crawford,': wife of< defendant, deposed to being present when defenda it made the for the 2,oooft ; of. timber with Maonamara, and that when defendant settled up with plaintiff.on.Bhe 21st June, the latter said*;" New we are straight except £1 0s 6d owing to Mrs Strange." Judgment for plaintiff for amount, £ls 2s 4d and coats £7 10s.