RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume 2, Issue 97, 5 October 1863, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before M. Price, Esq., B.M.j Friday, 2nd October. "William M'Gie was fined 5s for being drujj in the public streets. THE COMMISSIONER OF CROWN -I.A.ND 3 V WM., TURNER; " ' This was a case in which- the defendant was accused at the instance of Theophjta Heale, Esq., late Acting-Commissioner, $ illegally occupying Grown Lands. Mr Macdonald. appeared for the Crown and Mr South for the defence. '\ , Theoplnlus Heale, examined by Mr Mac donald, said . On the 18th September I ws, Acting Chief Commissioner of (Jjipwn Laud* In the ordinary course tof my duties, ■] received a complaint from Mr Rogers, thai delendant was illegally occupying a portiot of the run. 214, that is to say, not for- rm purposes ; I wrote to him, instructing him to move off the Crown lands. By Mr South : The land has been surveyej The regulations shown . me, are those undc which I acted ; I conceive those to be the Land Rj|u.rations of the Province of South land ; l^know aMr Joseph Rogers ; I petsonally knew that defendant was on the ground ; I only know from Mr p Rogers that defendant was illegally occupying the ground, After land has been surveyed, it does not cease to be a waste land of the Crown ; the object of survey is to make land fit for sale, andnn longer waste lands ; waste lands only cease t« be waste land, -when surveyed and soli Between Sth August and 13th. September 111 J«togers had of this ground a ruuholder'i license. By Mr Macdonald : A runholder's license is one simply to depasture cattle and stock By the Court : The runholder is allowed^ erect buildings only on sufferance arid when it has been seen of service to the public. By Mr Macdonald : W. H. Pearson said, I am Chief Commissioner of Waste Lands ;,} know the run in the occupation of Mr 11^ gers; I know that Turner was living on thai run, which is Ciown Land. , No certificate hai been issued to Mr Rogers. " \ By Mr South: Part of the purchase mori^f has been paid by him ; the money paid was for the ground on which the defendant's house was. v By the Court; Mr .Heale recalled, saidi Mr Rogers payed for his pre-eaiptive right of 80 acres ; he did not pay for any specific 80 acres; the Board could still alter those acres; the power has not passed from the Board. , • ; f Mr South said that there were no laiidre gulations at all for the Province, of Soutlv and, and'that Turner, the defendant, was h partnership with Mr Rogers. The Coudff for the Government had not dared to calljrar Kodgers. Mr Macdonald appeared in cbutt in a double position* as the agent for tli» Crown and for Mr Rogers. He would 'col* gratulate him on the position. , . ...^ Mr South for thp defence, called Joseph Rogers, who said — I am a mnholder ; I know the defendant; the memorandum of agreement between him and me is in my hank writing ; the agreement appointed defendant to the management of an accommodation house, he {"defendant] to receive one-third of the profits ; defendant got possession, of that house; all accounts between defendant and myself have been settled ;' I have paid £80 to the Government as a deposit on the;grountl; Government has never prevented me froii building. On the 7th' September I wrote to the defendant that I would • proceed against him in Court if he did not quit the place ;;j erected on the Crown lands a house, in which I placed defendant ; I can build where I like. By Mr Macdonald : I heard Mr Heale ask Turner if he did not intend to quit.* -.:, This was the case for the defence. S W. H. Pearson, recalled^ and examined by the Court, said — Runholders are at liberty to build as much as they liked for, the practical working of the; run ; Tcoiildnot turn off Mr Rogers, if he himself were occupying the house in which the defendant was!. Mr South here maintained that surveyed land was Crown land, and hot Crown Waste | land. ■ . -:•'-.,■ -■' ' ' ' l : : His Worship felt perfectly clear upon the case. He had no hesitation in" supporting the legality of. the claim for the Crown. lie would remand the case for one week, and if in that interval, the defendant had hot left the run, he would inflict the^penalty. A Saturday, Oct. 3rd. Two drunkards were fined ss, and dia--missed. John Robertson, broughtup on remand, was as usual, remanded for another week. . ■■-;:■ ■■;/..■■ ■■•■. Civil Case. CAREY AND GILI.ES V. BI'DONAtD. Mr Macdonald for the plaintiffs, Mr Westbfl for the defendant I » I Lewis Gilles examined by Mr Macdonald said I know the captain of the Fawn ; I hold in my hand a bill of lading of cattle and hay, consigned to the plaintiffs ; ;tlie v hay; ; yras landed ; it was in a damaged .condition;; Jsti a survey was held by Messrs : Hornier and Bdnar. I was present at the survey .'.;„. the. hay. ««. ordered to be sold by the surveyors ; it wai sold and fetched (17 bales) i£&2s 6d;the;tpn; rftxamined thehay beforeand after landiogjf it was all damaged ; I attribute it to salt water ; I saw the hay. =on the. .deck of the Fawn at Mokomolco" about 'a^fortnight ago; the hay had been sold subject to approval.fo' £16 per ton; the depreciation was,-the;dif- (- ference between that and >v£3 2s 6d; there were 30 bates in !lall; .;.the.jtotal_.deßr e '' ciation would be ; £72 ;or jE7S ; our firm has received nothing from vine captain j>? account of the damage; we -tried to settle it out of Court, but could riot come to terms; 1 the captain offered,to figlvt us for it. -,? By Mr Westori : \The hay was damaged W) salt water. . ..'.., ;_.; ., ?; „-\; „ j'\} \-- ■* ~■ ° ';, •. j* Mr Weston here addressed 1 'tlie Court,! contending there was.no case^onthegrousi of principal and agent. ,.'"' \\ '.'.,„ . ... ._.,,, Mr Macddnald admitted the^fo'ree of fMr Weston's argument" as the -law stood formerly f but he maintaitiedithat tliisl.wasinow changed by the 17 and 18 Victoria' BUls of )*Lading Amendment Act. i a-" f > ' i-V; „ Mr Weston'said-thait^iAiefc^wis not in force 'in New Zea^Und/ ; a3\it;;W^not^Bpwifically recognised by Zk(siof^jm&ifcJi^mbtya& only those Imperial /Acts^ere^inr-fOrce.-sinc? 1840, whichl'were's^rec^gnise^V^, V ;> * \£' ; .f :^| ' His Worship v rjeserved |h!e%p^int< at: first; but a search- beii^' rnaa'e- b^ Court, the Act? was^ found to; have, b^ adopted, - and Mr- sfc objection *** overruled../ .:■'''■-'*.... _ ! 4J^^£tiW^s}§--The crbss-eianiinatioa being riwumw witness said : ,Tne fiist, ti^ I sa^llie haj^ board;sb|pV f iti waV^toVdarkrtainspectifc^ savyit iwp days /affer^rafSs' in i :,tlie;ii^ht^i I L; daylight ; I ,db^^ from Launceston ,; only Vl^^aies^wereisold^ seven we have in our stoics' attihVpreseflt --moment ; I don' t know where the balance of

Hi KV -ot shipi:; The survey was held pn gKfr aldoHaid. Being handeia bHtof Kkid : Vs bill ,of lading is endorsed by iMaytonYl - produce ; it atfd a letter from . ■j^^lfeammed by Mr Macdonnjd. |fcrated.tlXairi : f eatures of the previous _ Sen notice of \ arrival of the fY f^ Kgents'of.ithfesel-here, DUt.I may, Hreceived verbalWice. ■•,; * „ q1 j . K, Houar^examVedby Mr Macfio^d Kmber holding Uurvey.^poii certain ■fed hoy, the sub\ c t of the action. I ■fcr the value oE% hay «o be what it iSed when sold. \ .. . .«,„ «s was the case for tie Ptomfafflfc^ >. Wfo M'Donald, examnW by Mr Weston, W$ As representing Dalkty, Eattray, and |Bi4ve notice to Mr Alf fa Gilles of arrival «fhay I called and nentioned to him M? t he bales were landet; the captain Wionad that there were tfo bales short. ■^ Macdonald: I didnot; tell Carey W&lles where the hay wk' because I did Know on- the day of the vfesel's arrival. I ■v r Alfred Gilles that tlb goods would BidetiUt consignees risk ;{[ am not aware Sker the-'bales of hay wete landed from < Hitter or wot; I know tbejwere lightered ! Kg Te ceipts ; Captain M'lonald told me i BiWere .lightered! Mr Giles told me he I Keen Mr Tuily ; Mr TuUjhvas entrusted | Kthe liuliterage. 1 : I did not Vive a separate eH$ -for the details of tliehay landed ; I K suitable notice at first. IKptain John M'Donald said: I am master Fawn ; I received this (hay from Mr (Stbn iii Launceston ; Mr Way ton begged :^Bg a favor to take his hay In any way ; I on deck; there wrel twenty-eight ' aiacdonal*: Besides lily I had cattle. Hoard--; Mr knew lUiad no room for the hay. He begged me take as fHy; bales of hay -as -I could It was very■iMveather on tlie passage, aid the bales j^R not damaged^n board the lawn ; I took; lißjare of the bales on deck; j saw part of ; Siay before transferred to thepghter ; the-i«^fcr-man did not sign receipt! for the hay -■some time alter-, to the best of my tHrledge, the hay was not damaged on board, '^Khip, and it was tr-ansferrca ip thelighter; :^Kc same condition as I receivi d it. ■y the Court : Noire of the hnj was carried;H the ship's side, and who say so tells an ■his was the defence. After counsel on : H sido had addressed the Court His WoF- ; ,H summed up -at > consulerablellength, and 'X' judgment for the .plaintiffs for