RESIDENT MAGISTRATE'S COURT

Inangahua Times, Volume XI, Issue 1754, 8 September 1886, Page 2

RESIDENT MAGISTRATE'S COURT

* (Bofore Major Keddbll, R.M.) Fkiday, Sept. 3rd, 1886. Oriental Co. v. M'Guigan. These oases were adjourned for a month on the application of MrMoyni- [ him, who said there was a probability of the game being settled out of Coutt. Ferhib v. Williams. Claim for poods sold and delivered. No appearance of defendant. Judg* ! meut foi'Hmount and costs. M'Aktiiur v. T»ray. Action claimiii},'. t's damages, for trespass on pkintin s section, and for cutting up and removing portion of a tree which had been felled by plaintiff. Mr North for plaintiff, and Mr Moynihan f.»r defendant. John M' Arthur: I am theni.htwatchman resirlinj» in Rc-efton, a)id owner of sections 912 a> d 913, Iteef. ton, and produce the Receiver of Gold Keven lie's receipt showing I am the purchaser; in July last I was awn v from Pkee.ft on on a visit and on my return I found that a tree !yin«,' on seotion 912, whuil) I had felled sometime previously, bad bepn cut into lengths, and some of the tnnl>er taken away ; I discovered tins on the Bid August; the last portion of the tree was cut into ei^it feet lengths, and portion of one of those lengths was split up and removed ; I tried to find out who had cut np the (roe ar.d I afterwHfds snw sonn of the timber on Bray's premises; 1 c:m swear this positively «8 I took particular no' ice of some of the pieces ; I sent a written notice to Bray bat hare recemd no ■

reply; I felled the tree myself and I : intended Lo splk \i up into palings lO ' fence in my section ; 1 estimate t!i:it ! from the portion cm f would have not ! about 1500 pa'iu^s, aid nl'^wn-u for iuipovfiCM^ns say a^u!" 1 ')!>.) -r^n i palinys; t<> place thU number nt pal i iks on til** section would <*ost about £7 or iB, and I estimate lh.it I have been damaged to that extent. By Mr Moynilmn : The tree was partly on the road ; it, was cut up and split into posts; posts are worth from al»ont £1 10s to about £2 10s per hundred ; I never saw Bray cut up or M-tnove the timber. Mrs Jane M'A"thnr, wife of the 1.-ist witness, <jave coj-'oboiaUve evidence. Thomas Ptinnil: I am* a survey laborer; I know section 912; I helped to survey it. and know the pet;s and boundaries ; there is a tree lyimj there ; it is twelve feet wiibin the boundary, and lies also partly along the boundary lino, and partly on the road : it has been cot in two 8 feet lengths and ooe length has been cut, up and removed. This t-losed the case for plaintiff. Mr Moynilmn for the defence called : Edwin Bray: I am a miner; anoiu two months aijO I saw a tree lyin«j as I thought on the road, and as I wauled some posts I cut. it up ; I did not know it was on M* Arthur's section ; never saw the peys of his section till recently ; on the 18th Adjust I went down to •j.el some posts which I had cut; 1 found they had been removed to MA llnu\ house ; went to take them away, and Mrs M* Arthur toid me it was (hen tree which I had l>een outtiiij» ; as Ithonnht the tn-e was on ihe mad I took the posts away; very little of the tiee is on the section, and nearly all lhat I cut is on the road ; only cut ppone t\ foot lensl.li, the oiher is *t.i'l I y » • •i r th»*re ; only mot about 20 posts out oi' it; these posts would lie wot til about 30/- a hundied. Richard Fanner : I am a survey lubor»r ; know ••eclioii 912. and pcirs ; have Sfen a tree lyiu^ there ; it is partly within tin* si ction ; Sit. 6iii. i-> within the section ; th*- '>est portion of the tree is on the road. His Worship said defendant had evidently acted in jjood faith, and did not know that he was doin^» wronc;. It was a thin^ which misfit he done often without any harm resulting, ••<n th'-re was always a ce* lain risk; de fondant had incurred this risk, unu must pay for it. He gave judgment for £3 and costs, saying that plaintiff would be able to tnilise. the 8 foot length ri'inui'iiii',' OoLLTN-< \. MUL AY. •\ctioi! i f i)t ui.-iMi' i ! lii'c ii(lmik;»*. Mi* ! Mo\Miili!«ii for p'ainuft, and Mr Monh i for defendant. The e%u!«-iue oi plaintiff had been taken at Hokiiika. ai d that of defendant at We.stpoi t, and wa> read by the Clerk. Mr North called P. N. iShephe»d, who deposed: 1 am a plumber; wus in partnership with Mnlvay in 18S'l and 18S3 ; Dr Collins was attending him; lie had something the matter wiib bis eye; in Janiviry, I.SS3. be went to Gieymoath to see Dr M>>i ice ; he never employed Dt C"l!.n.- ;il'i< r . wards; I know this a* I w:is itwirly always with Mnlvay; al>ont Maicb Dr Collins came in, and asked foe some, money, saying li»* was- pushed ; he wanted '5; MuUay wiote him out a cheque foi t" 5. saying ''yoncan y;i\e me back the £2 some other time"; they then bad a discussion, and Mul vay said "you can keep the i's, and we will cry quits," and Collins after a little demur said "all rii>bt." His Worship said the evidence of Dr Collins and of Al ul vay wvre directly con .'radii-lory of one another, but lhat oi Mulvay was corroborated by Slu'p herd He nonsuited the plaintiff with £4 8s costs.