RESIDENT MAGISTRATES' COURT, CAMBRIDGE.

Waikato Times, Volume XXII, Issue 1798, 15 January 1884, Page 2

RESIDENT MA GIST RA TES' CO U RT, CAMBRIDGE .

Friday.— (Before Mr H. W. Northcroft, R.M., and Col. Lynn, J.P.) CIVIL CASE->. John Gwynnbth, a-i attorney for Titihuia and other n vtives belonging to Waotu, sued Abr.ih.uu I-uue* for royalty to the extent of £3 a hundred on 3SU posts which had bwu split by him on their proparfcy. Mr Keesing actjd for the defendant. In the opening of the case, several legal prints were raised for the defences, regarding the jurisdiction of the c mrfc, and Mr G-svyn-neth's capacity to bue, but baing a native case, His Worship stated he would look to the equity and good conscience side of the matter, and decide accordingly. The evidence was very conflicting. The native witnesses stated tint there had been no agreement with regard to the posts ; but one of them, Arakafcer.i, said he had asked defendant 62 a hundred for what he (the defendant) should split out of the log-j, and which price lie had refused to gi\ c ; but subsequently split the logs without any fuither arrangement as to price. Defendant stated that Arakateia had given him permission to split the logs in consideration of expenses mcvi red by him on Arakatera's behalf, and of hi> building a stable on the premises leased from plaintiffs. — R. Wught gave evidence on behalf of the defendant as to the value of the logs before splitting, stating that his estimate was Id-, per hundicu P'>«,t~. ; al>o that he had bought posts ready split fr mi the natives at3oo a hundred, and that it would cost €1 pjr hundred for a man to do the work of splitting. He furthei stated that some time previous to his having bought posts, otheis had bought them split at higher prices. One of the defendant's witnesses stated, as far as he could tell, the defendant had split about 2000 posts out of the logs. The manner in which the natives estimated the number of posts was by counting a mixed lot containing those .split out of the log^> by defendant and posts purchased from other natives. After hearing the evidence, their Worships refused to reserve decision till next com t day, as requested by defendants' solicitor, pending the hearing of a case against plaintiffs for goods sold and delivered, and gave judgment for the latter for the full amount claimed and costs, about £12.