RESIDENT MAGISTRATE'S COURT. This Day.

Poverty Bay Herald, Volume VI, Issue 930, 21 October 1879, Page 2

RESIDENT MAGISTRATE'S COURT. This Day.

(Before Captain Gudgeon, R.M.) Riparata v. Kino & Co.— Claim £100 for rent of Makauri Block with interest added, to which there was a set off of £94 for drayage of posts and rails by the defendants. Mr. Cuff for plaintiff, and Mr. E. ff. Ward for the defendants. W. H. Tucker deposed : lam now and have been for some time past the business agent of Riparata. I have been so from 1874. lam aware of an agreement m writing with her and King for the lease of land at Makauri. I have not produced the agreement The rent stipulated is £1 per acre payable annually, notwithstanding any dispute or flaw as to the title. I remember King & Co. making an agreement with reference to the posts alleged to be drayed out of the bush. The first lot were 1500, and were drayed by the Natives. The distance the posts were conveyed was about a mile. Nothing was then said about the payment. After the posts were stacked I counted them. There were then 4375 posts. I refused to pay the amount charged, and told dim. if I had to pay £1 a hundred I would agree to pay it without a murmur. They would not agree to this, and then I proposed arbitration. Subsequently rents coming due have been paid,, but the item of £94 has been withheld. I believe I could get the posts drayed that distance for from 6s. to 7s.

Riperata deposed : I know the defendant. He called oil me and asked for my consent to bring out the posts from King's land, and asked for his carts to be employed. I said yes ; I will go up there. No price was named on the occasion, I expected I would have to pay for it. After I went up to the Makauri, King had taken some qf the posts out. My carts were employed at the work. King had three of my carts and three of my men. These men were engaged a little over.a week m removing the posts. By Mr. Ward : There was a little ; talk with Cooper about the removal of | the posts, but there was no delay. The roads were good. I think King had five carts employed, and that he supplied ray men with food. 1 T. Finnucane, carrier, deposed : I ! was assisting m carting these posts, and was working for Mr. King. Mr. King's drays and Reperata's drays were employed. I could take about 240 posts a day, and was employed for 9 days at 18s. a day. If I had the job I think a fair price would be from 10s. to 12s. shillings. Malone, Hubbard, and Tarr, carriers, witnesses called by the plaintiff, were examined as to the price prevailing at the time for. similar work. J. King, a defendant m this action, deposed to being employed by the plaintiff to remove a number of posts, and that two years ago 255. a day for a team of bullocks was a fair charge. Mr. King's evidence was supported by Hanlon, Wallh, and Tarr, who were employed by him at that date. Mr. Hurrey was also examined as to the particulars of the set-off. The Bench, after hearing evidence, decided to reduce the amount of the set-off to £33 17b. and to allow plaintiff interest at 10 per cent on the Bum of £61, the plaintiff obtaining judgment m all for £59 15s. 2d. Mr Ward gave notice of appeal with reference to that pact of the decision allowing interest.