RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume IV, Issue 101, 20 April 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

TlMAßU— Tuesday, April 17, ISGG. [Before B. Woollconibe, Esq., E.M.] Clap.kson & TcnNBCLL v. — . Wilson. This was a claim for an amount due on a dishonored bill of exchange. Tbe defendant not appearing, Mr. Turnbull proved his claim, and judgment was accordingly recorded for plaiutiffs, with costs. J. Hayhurst v. A. Mcßhatnev. — Debt, £50. Mr. DOyly appeared for plaintiff, and Mr. Cardale for defendant. Mr. DOyly stated that he was at Tiinuka m August last, when he received instructions from both plaintiff and defendant to prepare a bill of sale over fifteen acres of oats. The defendant was indebted to plaintiff m the sum of £53, ami gave the bill of sale as security for the payment of the same. The bill of sale declared that the plaintiff should take possession of the oats, thrash them out, &c, and if sold, to hand over the balance, (if any) to defendant The instructions as to preparing this bill of sale were given him m Mr. Hayhurst's house. He did not know the particulars as to the amount, but he heard ahorse and some implements mentioned m the course of a conversation held. When the oats became ripe, Mr. Hay hurst found they had been reaped and. carted, away to defendant's homestead. A bill of sale had been given over the homestead to Mr. LeCren, who says the oats are m his possession. The Bill of sale stales that the amount of £53 was to have been paid ou or before the 2Sth February Jast. It was duly registered m the Supreme Court a week after the deed was executed. Mr. DOyly, on beiug sworn, deposed to tbe above facts. Examined by Mr. Cardale : The crop of oats was intended as security for the sum of money. I am not aware that the crop of oats is stacked and not thrashed. 1 have not made enquiries as to whether it is so or not. I have demanded the oats of Mr. Mcßratuey. Mr. Hayhur.st instructed roe tbat tbe oats were thrashed out, but would be satisfied if others were given m thsir stead. I have not made a demand for the amount due. The bill of sale was filed m the Supreme Court on the IStb September last. Mr. Cardale said he would call the Resident Magistrate's attention to the bill of sale. The security given was for a certain sum of money. The oats takeu off the land were stacked on defendant's land. Defendant bad not refused to give them up. Mr. LeCren's b'll of sale species crops on certain lands. There was plenty of security for Mr. LeCren's money without his touching Mr. Hayhurst's oat 3. The said oats were ready to be delivered over to Mr. Hayhnrst Thnre had been no evidence given that they have been demanded. Alexander Mcßratney sworn, deposed : I mortgaged a crop of oats to Mr. Hayhurst. They were reaped by me. I understood that I was to reap and thresh them. Mr. Hayhurst did not object to my reaping them. They are now stacked on my farm. I have thrashed out about 30 to 40 bushels. I was never asked to band over the oats by Mr. Hayhurst. No demand has been made upon me to pay the £50 as specified m the summons, which was served on me on Wednesday last. Examined by Mr. DOyly: I was not asked by any one else but yourself for the oats. You came to me about six o'clock one morning to go shooting, and you then said to me "What about Mr. Hayhurst's oats ; he has not a single oat to give his horse. 1 ' I told you the oats were all right, and that if Mr. Hayhnrst would send over I would give him some. You told me that Mr. Hayhurst was annoyed at my not letting him have the oats.

By the Court: Mr. Hayhurst knew that I was I reaping the oats, as he passed the land several times while I was doing so. I had an agreement with Messrs. Anderson and Gibbon to give them a portion of the oats for the use of their land. I don't know if Mr. Hayhurst knew about my delivering them to Anderson and Gibbon. They are m bags at my place. Mr. Hayhurst knew I was to give them eight bushels for each acre used by me. Mr. DOyly: Mr. Hayhurst complains of the oats being threshed out. We have it m evidence that between 30 and 40 bushels have been threshed out. Mr. Hayhurst being the owner of the oats, the deiendant should not have threshed any out for another party. The Resident Magistrate gave judgment for the amount sued for (£SO), but if the oats were delivered up to plaintiff within three weeks, the judgment will not be enforced.