PORT ALBERT PETTY SESSIONS COURT.

New Zealand Herald, Volume XVII, Issue 5917, 3 November 1880, Page 6

PORT ALBERT PETTY SESSIONS COURT.

Thursday, October 2S. [Deforc Messrs. Shepherd isnil John G. Dudding, .I.P.'s.J Browne v. Sharpk.—This was a not sufficiently uncommon settlers' dispute, arising out of cattle trespass, and destroying sheep by defendant's dogs. There was also a cross-summons for cattle trespass, &e. Mr. Thome appeared for Mr. Browne. After the Bench had heard the statement of Mr. Thome, the case was permitted to be withdrawn, to be settled out of Court. Port Albert Co-operative Society (Limited) v. R. Lester.—The defendant claimed to hold the lease of a gumfield, from which a quantity of gum had been taken, and sold to plaintiffs. Hearing of this, he had obtained an order prohibiting the disposal of the gum by plaintiffs. It, however, transpired that he had no right to get the order issued, and then withdrew it. But in the interim, about one month, the price of gum had fallen. Plaintiffs claimed the difference between the price when they got I the order and what it was quitted at, when the order was withdrawn. Both parties, however, gave written consent to have the question settled by arbitrators, which they appointed. The decision being against Mr. Lester, he objected to pay the award, hence the action. Some of the documentary evidence of plaintiffs not being in legal form, a nonsuit was recorded; each side to pay their own costs. The amount claimed by the Co-operative Society, £2 3s 9d, was paid into Court, at the advice of defendant's solicitor, Mr. Thorne.

Lkster v. Lodek.—Defendant had hired plaintiff's cart for a trip to Warkworth, had teen unwise enough to get drank, and allowed the horse to bolt. Result, a smash. The present case was under Imprisonment for Debt Act. A previous Court, in August last, had ordered the cost of repairs to be paid by Loder, at the rate of 5s per week. Considering the award of the Court excessive, he had neglected, and objected to do this. Committed to gaol for 14 days. FITZIiKRALD V. WICKLIFFE AND THREE otiiek Maories.—This case was to have been heard, but by some unexplained mischance neither Sir. "Whitehorn, R.M., Kaipara Heads, nor Mr. Cleudon, R.M., Helensville, who was to have acted as interpreter, was present, so the case had to be adjourned for three weeks. Mr. Whitehorn had issued the summonses, but did not put in an appearance by the s.s. Durham as was arranged.— [Own Correspondent, October 29.]