R.M. COURT, HAMILTON.

Waikato Times, Volume XL, Issue 3213, 28 January 1893, Page 2

R.M. COURT, HAMILTON.

Yksterday.—liefnn) Capt. Juckson, R.M, I'RSVIora to the ordinary Court buoine<is Mr John Pair. Mayor of Hamilton, was sworn in as a Justice of the Peace. The warrant having been read, Mr Parr made the usual declaration, and then took his seat on the Bench. Dkdtitutk Pkhsons Aor.-Samuel Johnson was charged with failing to contribute towards the maintenance of his father and mother, Robert and Mary Johnson, of Cambridge,-at tho rate of as per week, in accordance with an order of the Court, there being at November 30th, 1892, a sum of £l4 Is due to the District of Waikato Hospital and Charitable Aid Board, tho complainant. l ), A fine of £5 was inflicted, to be paid within a month.

CIVIL OASES. Waipa County Council v. Pkter Kay. 1 —Claim 10s 7Jd for unpaid rates. Mr O'Neill appeared for the plaintiff, and Mr W. M. Hay for the defendant. The amount being such a small one Mr Hay confessed, and judgment was given accordingly with costs 164 6d. T. W. Maonorr v. 1). KitNNY.-CUim 13s. Judgment for plaintiff and costs (k S. Kknnaro and, Thos. Chapman.Claim £(! for wrongful detention of ladder and damages. Mr Dyer appeared fur tho plaintiff and Mr Hay for the defendant. This case occupied a considerable time the evidence being very contradictory, Judgment was given for the plaintiff for lis and costs £ll3s.

Huntkr v, Lewis,-Claim, £BO 15s. Mr Hay appeared for the plaintiff and Mr O'Neill for defendant. On January 17th defendant bought from plaintiff a number of young cattle as steers which were delivered to defendant. Finding among them several young bulls he returned the cattle and refused to pay for them, hence this action. Mr Hay opened the case at great length, The first witness called was William James Hunter the plaintiff, He deposed: lam an auctioneer residing at Ohaupo and carry on business throughout the district. I have been in business from ten to twelve years and hold regular sites at Ohanpo. On Tuesday, January 17th. I held a sale there which had been advertised, The rale began between half-past one and two p.m. Mr Lewis the defendant was present at that sate. The usual conditions of sale th? same as put in were read by myself. Mr Lewis bought several dairy cows, for which he has paid. He also bought a small lot of calves for which he paid. He also bought a pen of 3i yearling steers. belonging to one owner, Mr Chitty. These steers were sold in the pen and they were not removed from that pen until defendant got delivery of them. It was daylight when they were sold and delivered. Every opportunity was given to the purchaser to inspect these steers which were in the pen they were brought in by U a.m., and they wero sold at the beginning of the sale. I would call the cattle yearlings, none were more than 13 months old. At the time I sold them I did not know whether there were any bulls amongst them. I did not see the delivery of thorn hnt John Turnwald, one of my men, delivered them. I saw these steers, which were left in my yards, on Thursday morning, the liltli. They were not loft with my consent. Defendant did not hand thein over to me, Be sent me a post card on Wednesday morning, produced. I sent the cattle to my paddock between 9 and 10 o'clock on the Thursday, and wrote to Mr Lewis saying that I would paddock them at his risk and cost. I first saw them on Thursday morning, and they were not in the yard at j0 a.m. on the Wednesday. The cattle, after they were kniwkod down, were at defendant's risk, according to my condioale. On the Thursday morning, when in the yard, I noticed there were some young bulls amongst them, but I did not count how many. It was not difficult to distinguish the bulls. The young bulls were under twelve months. They were wellgrown yonng. cattle, and looked as if they find been reared on the mother, All the time I have been auctioneering young bulls have always been sold, when mixed with steers, as steers, and I never had any returned, or any objection made until this lot!; This usage has been universal as long as I'can remember in Waikato and Auckland. 'Tho court whs adjourned at this stage of the proceedings (4.10 p.m.) until Friday, the 24th February, at 10 a.m.