DISTINCT COURT. REEFTON.

Inangahua Times, Volume V, Issue 32, 24 April 1878, Page 2

DISTINCT COURT. REEFTON.

, TiTKsi^A^, 23nu April, 1878. (Bpforo Ifis Honor Judgo Woston,) CnqpKEn v. lUwson. This was an action to rcoovor tho sura of £178 Us fop damagQs for allogpd brpaph of contract, Mr Roid with Mr Perking, appeared for tho plaintiff, and Mr Pitt with Mr Guinncgs, and Mr Moss for tho defendant. Mr Roid, in oponing tfoo casp, said that at tho lnpt sitting qf tho Court an ordor was mado against thp, dofondant far tho produotiQn of certain, dooflmonts. In roply to that order qn affidavit bad boon filed stating that dofondant had no docur :monts jn bis possession. His Honqr injd that unloss Mr Boid intontlqd to ask thp Opurt tq make any furthpr ordor tjpon tho ma(tor it would bp as woH to roscrvo n further reference thoroto u^til tljo timo oamo for tendering gecflndary oyidonco of tl^o Jost dpo»^ments. Mr HoH *n thi^ ?qggo(jtipn anj| procooded to opon upou tho facts. Mr G^innoss rai^od tho question that tho anbjoot m, attor >^ dispute, boing. a oontraot for £1,580 was boyond tho jurisdiction of tho Court. Tho dofondant olaimod £15,0 as tho profit ho woi^td havo mado hod ho carried ou,t tho contract, and ho (Mr Guinness) contended that in Qrdor to inquiro into tho oorroctnps3 of that estimato it wou,ld b,o nocossary to go into tho whole contract. Ho cited tho oao.es U.rown y. "vyinto,and Purkor v. Wood. Mr Rpid pontpndod that tl^o caßo was, propprly tho j|urisdioticn of tho Co^'t. ciaii^ was for £173 uuliqui; datod cuimaflcs, and tho paytioulars wer,o moroly ovidonco of thofto damage?. Tho rofoponco in tho olaim to tho cpn,trAO.t so muoh Bqrplasagc. It would only bo ncooasavy to ro incidentally into tho qucs* tion of tho oontract. Ho contended that tho contract to build was. not in dis* puto. Mr Pitt followod at somo longth in support of th,o objections takon by Mr Guinness. His Honor said tho poi«,t was an important ono, and ho would tako timo to consider it. Ho would thorcforo reserve his decision until 10 o'clock toi.mor.ro w morning. Tho oaao was thon arljouruod, Rfliwrcs v. M'Mynn, 13ailiff of tho Rosidont Magistrate's Court, Ahaura. This wa« an notion to rccoyor tho sum of £200 damages- for nllogod illegal soiisuro. - . Mr Gninnoss. wil-h Mr Moss appoarod for tho plaintiff, and Mr Pitt for dofon« daKfc.' -'; : 1;- '. >,■■'■■ ■*.. ■•'.',.■ , „ H Tho following jiiry was thon sworn— Mossra A. Brown, (foroman), P. Butlor, C. Burgotfc, and J. Bailor. Mr Guinness having oponod tho oaso, oallod tho following evidence. Richard Rocvos— l. am an auotioncor, rosiding ond carrying on business at Ahaura. Sinco January 1875, 1 havo occupied tho promises at Ahaura known as tho Wardon'fl houao, My wifo and family havo boon rosiding thoro. On tho Blh Maroh Mrs Roovos, nino children and mynolfworo in oooupation of tho houno. Tho oldost girls issoyontoon yoars old and tho youngest two years ago. I know John M'Mynn, ho is tho bailiff of tho Court at Ahaura. On tho Blh Maroh ho m,ot mo in tho stroot and told mo ho had a warrant signed by Alfrod Greenfield, Commissioner of Wasto Lands, Nolson, to distrain upon my proporty for £117. I was rathor taken aback by tho announcemon,t, and invitod him to my office. Whon I got thcro I askod him if ho would stop thoro a fow minutes whilo I brokp tho news to Mrs Reovos as blio was not vory well at tho timo. Ho rofuscd to do thisi and said ho would follow mo and did so. On tho way ovor I told him that tho Govornmont woro aoting iilogally. Whon ho got to tho bouso I callod Mrs Roovos into tho sitting-room and told hor, Sho was vory much annoyed as evory« thing was packed up to leavo for Nolson whoro I had takon a houso. Tho family wns to havo loft for Nolson on thp follow* ing day. M'Mynu took an invontory of ovorything in the houso. Ho cntorod all tho rooms. 1 loft to go to tho Tologvaph office On tho 'Bamo ovonirifj I again saw dofondant and he gave mo on invontory of tho furnituro, and notico of intention to soil in flvo days. Wo woro unablo to loavo for Nolson as intondod as dofondant told mo if I romovod any of tho things it would bo a felony; Botwoon tho Bth and 12th I was in Roofton. On tho 12th I roturnod homo from Roofton, and saw dofondant at Ahaura. I said, • that's alt right, you havo withdrawn." I had previously loaruod that ho had. Ho said that ho had, but ho had just rocoived fresh, instruotions to mako a frosh lovy on ovorything. I said that was ' a most ox* traordinary procoodhig, and surely ho was not going to aot in suoh an illogal manner. Ho said ho had nothing to do but to oboy his instruotions. I told him if ho loyiqdho would do so at his peril. Ho did not say who was instructing hjm. I loft him, and subsequently wont back to tho houso nnd ontorod by tho kitqhon and wont into tho hall, and I saw M'lVTynn.iu tho porch, of tho front door talking to my wjfo uud step-son. Ho said ho was going to make a fronh lovy, and that this limo ho intended to bo moro particular and tako \yn everything. I told him ho,, was. actinic

illegally, but I had had no lentil advico up to thnfc time, ho proooodod to tako an inventory of ovorything in tho houso. It wag about 4, o'clock in tho afternoon whon ho ontorcd. Ho bad not; loft mo a notico on thnfc day or tho npxt but, on Saturday night I had soino othor businoas to do with him so X senfc my son oftor him find ho onmo to my ofijoo. Whon he 01)0)0 ho said, 'fOh byo tho byo I havo not givon you thnt inventory yet.' ? I said nil right you can got it and bring it to mo. Ho roturnoc! about JO o'clock at night and hnndod mo tho inventory produced. I askod hjm jf ho had a warrant for tho distraint, and ho said ho hncl got none. I aaid bo would suroly not bo foolish enough to do as ho had dono without a warrant. IJo said ho was apting undor instruotions, and I thon told him that I also was)! acting under instructions and handed hi?n a copy of tho notico producod On tho \tyh Maroh I authorised my solicitor to drawn up nnd sign thp notico producod. M'Mynn loft tho promises immodiatoly. Ho had no onp in poososion. Dofoudant rotainod possession of tho goods up to tho 22ud March, whon J. rcoiovod | from him a notico stating thnt ho with* drew from, tho soizuro. Tho goods worp | not sold under tho distraint. Defendant said ho had np warrant for tho second , aoiijuro, but that bo had a warrant for tho | f|rat soizuro. I owo no rent or monoy to Mr Grconfiold. Nor novor rcntod or loufiod any promises from him, Nor novor paid him any monoy, nor did ho over domand any rent from mo. Cross oxanunod— -Tho Jiousa was tho onp oeoupiod by Mr Whitoford. I took tho houso for ono year at £1 por wook. I think J paid a yoars rout or throo quarters,. I paid ono portion of tho rent to Mr Goodallj olork of tho Court. Mr Broad told mo to pay it to him, I got a receipt from, him. I ha,ro not got tho roeoipt. That was tho first quarters ront. X think I paid fho next quarters rent to Goodall and tho noxt to M'Mynn, or tho Clork of tho Oou,rt. At tho soizuro thoro was not £11^ o.f rpnt duo. I took tho promisos for twelvo months, I would not bo foolish enough to givo £1 por wook for it. J havo ocoupjpd tho premises sinno 1875 to tho prosont time. I don't know who ronlly owns tho promises. At thp tirao of first seizure defendant said ho didn't thi.ik ho coujd got any ono in tho Ahaura to stop \a thp houso, ho at my suggestion my step.son Clark actod as sub«baUff. I do not say this fr,oyi my own knowledge I saw a war; 1 ;; :. '; qignod by Alfred Grccnfiold. Tho first fjpizuro was I bcliovo abandoned upon th,o receipt by clofondant of a telegram from Mr Shoriff Shaw, I told dofondunt on tho occasion of the first 'cLuro that tho property was covered by a bill of salo, Ho said if Klierd was a biltof Bfilo'and it oovcrod tho goods ho would withdraw, if ingtructod. I Knvohitn no particulars rolatiyo to tho bill of sale. I tolegr/tphod to Adams and Kingdou, Nelson, asking them wliothor tho bill of salo was rogitorod in duo form. I rocoivod nn answor that it was. I did not; communicate that to dofondant, By tho Court— l took tho placo for ono yoar. I took it from tho Superintendent of Nelson. It was thiough Mr O'Conor that I took tho plaoo. At tho ond of tho twolvo months I was willing to givo up the prcraisos had I known who to givo it to. I do not know even now who owns tho proporty. Tho following ovidonco was oallod for tho dofonco. John M'Mynn— X am dofandant in this action, and bailiff of tho Rosidont Mngistrafo's Court, Ahaura. I know Mr 11. Rooves, ho residos at Ahaura. Since January 1875, ho has boon in tho occu* pation of tho lato Warden's houso Ahaura. I hnvo received rent from Mr Roovos for tho houso. I roccived it in tho capaoity of Rccoivor of Gold Eovonuo undor instruotions from tho Provincial Treasurer Nelson. I rocoivod £18 on tho 17th Soptombor 1875. I rocoivod a furthor sum of £13 on tho 23rd Decora* bor for ront of tho promisos. Aftor that 1 rccoivod no rent from him, Aftor January Mr Reovcs continuod in oooupa* tion of tho houso and I ropoatodly applied to him for ront. Ho proraisod to pay for tho quarters rent to 31nt Docombor 1875 but doclinod to pay any moro ront at tho samo rato of £13 por quarter. I acted undor instructions from tho Provincial Treasury department N olson. Tho monoy was paid by mo to tho Provincial Accounf « On «tho 14t.1i Soptombor, 1870, I was askod by Mr Ront what ront was duo and about tho 18th Soptcmbor, 1970> I appliod to Mr Roovos and ho promised partpaymont on tho Saturday following that application, but did not pay tho monoy. Tho Provincial Treasuror thoro* upon infltruotod mo to oompol payment nnd that no abatomont could bo mndo in tho ront. I communicated this to Roovos and told him that ho could loavo tho houso by giving notice, but that tho tent must bo paid in full. I produco a memorandum of lease signed by Mr Curtis. I know Mr Alfrod Groonflold. I haro soon his appointment as Coniminionor of Crown Lands published in tho Gazette. Mr Gujunoss objooted to tho ndmisi* sion of tho eyidenoo on throo grounds, first that tho stptuto IL, Goorgo 11. cap. IX, was not in foroo in tho Colony ;. second that tho. statute was not applicabio to tho oircumstancos of tho colony, and lastly, that thoro was a special statute providing for, tho cvidonco now sought to bo got in. Allor argumont, Mr Guinnoss consoutcd to rosovvo tho objpetion to a latqr Btn^o of tHp propcodings, I knov?,

tho signature of Mr Curtis, lato Super'm* tendonfc of Nolson, I see it on this momorandum. I also kuow tho signnturo of Mr A. Pitt, ho was ProFinoial Solioitor. I soo his signaturo on tho dood as also that of Mr Koovos. Mr Guinnoss objected to tho admission of tho dooumont on tho ground that if au original ono it was insufljciontly stamped, and if a qountor-part, as allogod, thcro was no ovidonco to show that it was a countor-part } secondly that tho signatures ob tho document could only bo provod by tho attesting witnoss; and lastly, that oU tbo signatures had not boon attested. His Honor aftor argumonfc ruled that tho document was sufficiently stamped. Mr Guinness thon roliod upon his objoction as to tho noco9oity for tho porsonal attendnnco of tho attesting witnossos: Mr Pitt oontondod that tho dooumonfc boing only an agreement, an attesting witness was not requisite. His Honor overruled Mr Guinness* objection, and tho dooumont was admitted. Examination continued— l produco|tho Gnzoti« showing Mr Grconfiold'a- apV pointmont as Commisßionor of Crown Lands. I know Mr Greonfield's signaturo. His nnmo in upon tho document produced. It was upon this dooument that I proceeded in tho sotauro in question. Mr Guinnoss objected to the admission of tho dooumont on tho ground that it hnd not yot bcon shown that Mr Greenfield was ,VTr Ecovo'g landlord. It hnd beon shown in evidence that tho gronnd upon whioh tho houso in quostion stood was a rosorvo, and as such had bcoomo vested in tlio Governor, and consequently passed out of tho control of tbo Commis* sionor of Wnsto Lands. Mr Pitt ropliod at some length, eon* tonding that tho land was not a resorvo, nnd ovon if it bad boon reserved for build-* ing that was not a reservation contemplated by "Tho Public Reserves Act 1878." His Honor, nftor argument, ruled that it was incumbent upon Mr Pitt to show that tho land iv quostion was not a resorvo. Examination oontinuod — Upon receiving tho warrant from Mr Grconflold, I saw tho dofondnnt at Ahnura. I told him that I had a warrant from Alfrod Groon* field to distrain upon his proporty for £117 for rent of Wasto Lands, Ho appenrod surprised and said ho did not regard Mr Grcenfiold as his landlord ; that ho had leased tho placo from tho Super* intondont, nnd therefore did not rcoogniso Mr Grcenfiold in iho mnttor. I then followed him down to his rcsidonoo and entered tho houso nnd took an inventory of tho furniture; that wns on the Bth March. I subsequently rcooivod a notico from Mr Reeves nnd lie sniil tho distraint was illegal as Greenfield wns not his landlord. I nuked Ucovos if ho was going to pay tho nmount nud be said ho wns not. Ho told mo thcro wns a bill of salo over 'the furnituro, but bo had not got it, but that a copy was in Reofton, I thon saw Mr Shtiw tho Resident Magistrate in rofcrcnoo to tho mnttor, and subset quently received a telegram from him, mid continuod iv possessions until tho 12th March, when I recoivod instructions to withdraw, having received instructions that tho bill of snlo had been duly regis* torcd. Reeves snid ho did not wish tho soi^uro to booomo public, and in doferonco to that wish I allowed his stop-son to romnin in possession. I withdrew on tho 12th, nnd immediately nftorwards reno wed possession. Mr ltccvca left Ahanra for Groymouth on tho 12th, and roturnod on tho 15ih Morch, during which timo Clarko was' in possession. I withdraw finally on tho 22nd. Cross examined— l got no written instructions to soiso on tho 12th. I got an indemnity from tho Government for going in on tbosocond ocoasion. I seised tho second time on tho authority of Mr Shaw. He sent mo n telegram from Mr Groonflold. I know tho bouso in question, I nm not nwaro of the purposo for whioh tho land is roserved. Tho land was ocoupiod from 1871, to 1874, as a Wnrdou'a residence By tho Court— Tho second seiaaro was mado on the first warrant, I was instrnotod to seize Edward Shaw— l am Resident Magistratoand Wnrdon at Roofton nnd Groy Vnlloy. I know tho plaintiff in this action, as also tho houso in queston. It wns formerly oooupiod by Mr Whitoford Warden of Ahaura. Tho land upon whioh tho houso stands is Government proporty. I rocoived certain cemmunoations from M'Mynn with roforonco to this proporty, Cross oxamincd—l was asked by tho Government to express an opinion ns to tho land nnd 1 did go, and th<it opinion xvna oonfirmod by Mr Adnma, and tbo bailiff wns ordered to withdraw. Tho land is oolorod pink on tho map indicnts ing thnt it is oconpiod for Oovornmont purposes. It is notopon for public selection or purohnso. The land has novcr boon rosorvod by proclamation, Tho land was undoubtedly roaorved by tho Wnrdon, under tho power givon him by tho Gold* fields rnios. I simply acted in tho mat* tor as tho conduit pipo botwoen Mr Groonflold nnd tho bailiff. I gavo no instructions to tho bailiff but what I ro» oqivod from Mr Groenflold. I advised that tho dobt would bo moro proporly rocovorablo, under tho ldth soction of tho Crown Dobts Act, and Iho bailiff] waa. thereupon ordered to withdraw. This olosod tho caso, Mr Pitt prooooded to addross tlio Court for tho defence, in an able and. oloquont addross oxtonding ovor an hour nnd a half. Mr Gujnnoas followed with nn oarnost nppoal for tho plaintiff, oooupying uoarly an hour. His Honor Hion summed up cx« hnustivoly, analysing tho oyidonoo minutely, phcing tho issups to, tho jury with, great clearness, Tho jury thon retired, and aftor nn, absence of half nu hour roturned with n, verdict for plaintiff for JCBIS, with £-ilOs costs of Court, £'1 10s prol'ossional foe, aud £3 10s each to two witnossos. TJio Court then adjourned.