MILLING CASE

King Country Chronicle, Volume XXVI, Issue 3444, 17 March 1932, Page 5

MILLING CASE

GRIFFIN v. MURRAY AND McALLEY. At last month's sitting of the Magistrate's Court a lengthy case regarding the royalties on millingtimber was heard, in which Mrs. Mary Griffin, of Pio Pio, claimed £65 18s 9d from John Murray and Norbery Eric McAlley on various claims, mainly out of consideration of royalties on bush which was not felled. The magistrate reserved his decision, and on Tuesday summed up the case. The defendants agreed in writing to cut all the millable timber in a patch of about 15 acres, and to pay plaintiff a royalty of 2s 6d per 100 superficial feet of log measurement. There was a great deal of conflicting evidence as to the tenn "millable timber," but that testimony could be set aside in view of the fact that the defendant had defined the words as regards sizes when he agreed to cut down to 9 inches. But all they cut of 9 inches was negligible. There was an apparently irreconcilable difference between the witnesses in regard to the trees left on the property. Mr. Henderson, an experienced miller, stated that as much timber had been as could be reasonably be expected to be cut had been cut, but it is estimated that about 8000 feet was still standing, whilst defendants had offered to pay for 6000 feet they ought to have cut. His Worship thought the Court was justified in accepting the evidence of plaintiff's witnesses as to the quantity of millable timber standing, but these witnesses' had made no allowance for bark. The reduction of the claim by 5750 feet would make a reasonable allowance for bark.

Judgment for plaintiff was given by His Worship for £43 15s, less an allowance of £5 18s lOd for rimu and matai cut for plaintiff. The counter-claim for £l7 damages because of the plaintiff wrongfully prevented from carting timber from her property failed, as also did the claim for 2850 feet of rimu and matai cut.