THE COURTS.

Lake County Press, Issue 1063, 7 May 1903, Page 4

THE COURTS.

MAGISTRATES COURT, QUEENS-. TOWN. Monday, May 4. 1903. (Before F. J. Burgess Esq., S.M.) F M'Bride v. William Oliogan. Claim for trespass and refusing to leave. A second charge of a similar nature was also laid. Mr Evans for plaintiff; Mr R. H. Turton for de-. fendant. Mr Turton asked for an adjourn-., ment until next Court, as sufficient time had not been given to make a de-. fence. Adjourned to June Ist. F. M'Bride v. .Frederick Claim for «£2G 16s 31 for work done and gocda supplied. Mr Evans for plaintiff; Mr R. H. Turtjn for de r fendant.

The defendant filed a counter claim for £69 for loss on sale of barley and half cost of erection and maintenance of fence. Defendant admitted the plaintiff's claim for £26 16s 3d. The counter claim therefore became the action. Mr Turton stated the facta of the (caafl in referenco to the claim for £lO for loss on salo of barley, being 3d per buahel on 200 bags barley which the plaintiff had bought from the defendant in 1901. Frederick Evans gave evidence of selling 200 bags of barloy to th« plaintiff at 3s per buihel. He delivered to the plaintiff a quantity of barley, •which was part of the 200 bags. The plaintiff had threshed the barley, and after coming from the threshing mill plaintiff went into witness'dining room and looked at two samples of barley—one being a sample of 200 bags, the other a sample o? 60 bags. Plaintiff said he would take the 200 bags, but would have nothing to do with the 60 ba"3. Witness wroto to plaintiff several times asking him to take delivery, but plaintiff never did so. In cross-examination, witness admitted that the quantity of barley taken by plaintiff would be about halFa pint. Mr Evans argued that there had been no delivery, and as there was no written contract the action was barred by statute. Mr Turton said that the acceptance of the sample was sufficient to establish a part delivery. Both counsel cited law cases in support of their arguments. His Worship said the evidence went to show that the sample of barley was not part of the 200 bags, but was taken out of a bag in the dining rocm. If it had been taken'out of the 200 bags or had been part of the 200 bags, there might have been something in Mr Turton's contention to sustain the action. The delivery must be clear and equivalent, and there had not been proof enough to bring it under the Btatute, which also compels a contract to be in writing. The remainder of the counter claim —£s9 for half cost of erection and maintence of fences—was then proceeded with. After hearing the evidence of G. M'Kenzie (Government surveyor), E. Gray, Poter Gray, and John Gray, and considerable discussion between counsel and Court on the different interpretations of the Fencing Act, His Worship nonsuited defsndanh on the counter claim, with costs —professional fee £2 2s, Court costs £1 18s, witness' expenses 15s.

WARDEN'S COURT, QUEENSTOWN. (Before F. J. Burgosa, Esq., Warden.) P. T, Lvnch and party, special river claim, 46a, Sandhills, Upper Shotover : Adjourned to Ist June for completion of survey. Jame3 Matthewson, specid quartz claim, 37a, Reos River: Adjourned to June 1 for completion of surrey. W. Keating, extended quartz claim;sa, Blue Spur, Muddy Greek : Granted for 42 years. Same, special site, samo locality : Granted conditionally that a survey bj made at any time it may be required. Sa-ue, water race out of Shotover River: Granted. Achilles Gold Mine-*, nine months' protection for mining properties : Granted f->r six months only. W. L. Davis, renewal agricultural lease, Skippers : Forwarded to the Commissioner of Grown Lands. James Matthewson, three months' extension of time for survey : Granted as from May 9, 1903.

ASSESSMENT COURT, QUEENSTOWN. Friday, May 1. (Before F. J. Burgess, Esq , Judge.) R. Johnson, claim and water races, ralued at £BOO and special site, £6O : Reduced to £SOO and £2O rcspectivaly. V. Seffer, claim, Moke Greek: valued at £SOO : Reduced to £240. Thomson and M'Leod, dam and water race; valued at £2OO : Reduced to £IOO. James E. Davie, claim and water races; valued at £1500; Reduced to £IOOO. W. D. Davis and J. Henderson, special quartz claim : Reduced from £350 to £4O. W. L. Davis, claim and water races : Reduced from £1550 to £I2OO. James Tyrrell, claims and water races : Reduced from £IOOO to £6OO. Achilles Gold Mines, clainiß and water races : Reduced from £7500 to £SOOO. Helms and Hardy, extended water race and claim : Reduced from £2OO to £96. Gaay and M'Millan, water rights and extended claim : Reduced from £l2O to £6O. Prince Arthur G.D. Go. : Valuation of £3OOO was sustained. Helm 3 and Peat not appearing, the valuation was sustained.

DISTRICT COURT, QUEENSTOWN. Tuesday, May 5. (Before His Honor Judge Ward.) Ik Bankruptcy. Robert Hutton, Alexandra, made application for an order of discharge. Mr Evans appeared for bankrupt. The bankrupt, in answer to His Honor, stated that he was a sharebroker. He had not got money from sundry creditors to buy shares, and did not do so. He had purchased the sharps but could not deliver them, as his banker had foreclosed. All the chares •were bought at the proper time. His Honor : You should have kept a trust account. Bankrupt : My banker advised ire pot to do so. The cause of the troub'e was that there was a change of bankers, the Bank of New South Wales having transferred their business to the National Bank of New Z ulandL He borrowed some £2OO from his sister. Thi3 was p-.id through the National Ixink. They stuck to the? lot to pay rdie overdraft, giving me only £25

back. There «as a charge hud against me by Mr lv< llnmn at Alexandra, but the Magistrate dismissed it without callioy evidence. Hi, Honor: You did wrong in not ha\i»r,' a trusb accou »t in the bank. Order of discharge suspended for six months lie Arthur Campbell, Skippers. There being no opposition, the order of dischargo was granted. Mr R. 11. Turton appeared for bankrupt.