DRURY. (FROM OUR OWN CORRESPONDENT.) July 30.

Daily Southern Cross, Volume XXIII, Issue 3132, 31 July 1867, Page 4

DRURY. (FROM OUR OWN CORRESPONDENT.) July 30.

THE following cases came on for hearing on the 29th instant in the Resident Magistrate's Court, Papakura, before Charles Mellsop, Esq., E.M. : — JOHN HALLORAN Y. CHARLES PYJB. Claim, £1 125. , damage to plaintiff's garden, at Papakura, by defendant's cow. The plaintiff was sworn, and examined in support of his bill of particulars, deposing that he had lost cabbages and cabbage-plant 3, with, other vegetables, which were destroyed by defendant's cow, on the 20th instant ; that he had pointed out the damage to Captain Pye, who promised toremunerate him, but had failed to do so. William Barrett was examined in support of plaintiff's claim, and estimated the damage at from 20s. to 255. Bichard Kerr deposed to the same effect, estimating the damage at 203. to 255. Ann Halloraa, wife of plaintiff, deposed : On the morning of the 21st I was in the garden and I saw my ! husband chase a cow up to Captain Pye's. I know the cow — a red one — to be Captain Pye's. I saw Captain Pye drive the cow, and I heard him say he would give cabbages for those destroyed. He pointed to the bed, and said the cow had been there. I saw her yesterday attempting to get into the garden, and Captain Pye drove her away. In reply to defendant, the witness stated there was koromiko and other native herbage in the garden hedge, and she had seen the cow eat it from his hand. For the defence, Charles Pye, the defendant, was sworn, and described what he considered the trivial damage done by his cow, for which he had offered to compensate the plaintiff. He did not deny the ownership of the oow, and, to prove the amount of damage, he called Charles Napp, who swore that he went to examine the plaintiff's garden, and, after describing the damage done, he estimated the damage to be from 4s. to ss. Thomas Grey gave similar testimony, estimating the amount of damage at from 6s. to 7s. Judgment for plaintiff, 12s. and costs. Mr. Napp, one of defendant's witnesses, then informed the Bench that Halloran, the plaintiff, had threatened vengeance upon any person attempting to give evidence for defendant. H« was directed to lodge an information, which he said he would do. SMOLLETT H. REID (COLLECTOR OP RATES FOB THE DISTRICT OF PAPAKTTBA VAIiLBI) Y. MAETUT. Claim, £3, arrears of rate. Settled and paid into Court. SANE Y. TRIMBLE. Claim, £i 10s., being amount of rate struck 4th February, 1862. Mr. Heiketb for complainant. Defendant appeared ia person. In this and two other cades, being claims for rates struck Norember 4, 1862, and Juna 28, 1864, the defendant submitted, and orders were made in each case for payment within one month of the re-

speotive amounts, £13 10s. in the whole, with cobts, including two guineas, collector's fee. SAME COLLECTOR Y. FREDERICK MOSHKBMf. These were also three olaims for the respective sums of £1 17 a. 6d., rates at 6d. per acre struck 4th February, 1862, 4th November, 1862, and 28th June, 1864, ■ Mr. Hesketh for complainant. Defendant appeared in person, denyine the ownership or occupancy of the land assessed, which he alleged he hud assigned to his son previous to hit insolvency in the year 1866, which, deed he stated remained unimpeached, although he was sent to prison for six months for making it. Mr. Hesketh called upon defendant to produce his schedule as an insolvent, and to show that the amount of these rates had been included therein. Defendant said the document was in the hands of the' gaoler. The Collector replied, stating that the final order should be in defendant's possession j and, as it was not produced, he would proceed to prove his oase. . ' Smollett H. Beid, sworn : I am collector of rates for the district of Papakura Valley, and produce the assessment-book for the year 1862. (It was here ascertained that defendant's name did not appear in the book in respect to the first rate struck, February 4, 1862. Mr. Hesketh stated he would abandon that claim, and proceed for the remaining two rates.) Re-examined • I produce the assessment-book for the year 1863. The defendant's name ap« pears therein for £1 17s. 6d., being 6d. an acre on 75 acres of land in the district of Papakura Valley. C hare demanded the amount, which defendant refused to pay. To defendant : You said you would pay the rate when a road was made by the Board. Mr. Hesketh then put in evidence' the Highways Act, 1867, relying on the 2nd and 4th olauses, several Gazettes, four in number, and the rate-book ; and closed his case. The defendant again strongly relied upon the fact of his insolvency, and asked for an adjournment, in order to put the final order in evidence. The Bench was disposed to accede to this, upon the terms of defendant paying the costs of the day, but this not meeting the views of defendant, • Judgment was reserved in this and the other ease heard under precisely similar circumstances, until next Court-day in Drury.