RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 172, 25 May 1871, Page 4

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before W. L. Simpson, Esq., R.aT.) Thursday, May 18th. Harris v. Ah Foo. — Claim, Llo 5s 6d. James Harris stated that he had summoned the defendant, as he believed he was going to leave the country. Mr M'L'oy, who appeared for the defendasit, applied for a non-suit on the ground that the account was uot rendered in detail, and it was very complicated. The .Magistrate said that might be good ground for an adjournment, but not for a non-suit — he would be entitled to that to enable him to examine into the account. The case was adjourned till Saturday. M'Kimmie v. Ah Foo. — No appearance of pLiintiff. George Clark applied for a temporary license— Granted.

Monday, May 22. (Before the same Magistrate.) D. Ryan v. M'Alister. — Mr. Copland, who appeared for the plaintiff, stated that this action was brought for illegally detaining or driving aw.iy six head of cattle. He claimed damages, i4O. Dau Ry.in, sworn, depose! — I am a settler, and reside at Waitahuna. I have cattle depasturing in the district. I missed six head on the Bth of March last. 1 searched for them for three or four days, but could not find them. 1 searched both sides of Mount Stuart. On the 14th I saw M'Alister. I asked him if he had seen the cattle I had lost. He said he had seen them. He said they had come into his paddock, and he had driven them to the foot of Alount Stuart. He said he had met John Ross, who asked him to whom the cattle belonged. He told John Ross the cattle belonged to himself. He afterwards admitted they belonged to me. On the 15th I asked John Rjss if he had seen M'Alister driving those cattle. lie said yes. I asked M'Alister on the 2nd of May to return the cattle. He said lie left them where he previously told me M" Alister said he would not return them unless the law compelled him to do so.

By his Worship — Three of the cattle were three years old, and three two and a-half years. I have sold beef at 22s 6d per lOOlbs. some time since. Three-year-old cattle would weigh 600 lbs. I have not sold any for four months. lam not aware that 15s per 100 lbs has been the prevailing price for some time past. I consider L 7 per head a fair price. L I have seen in an advertisement in a Dunedm paper 15s per 100 lbs quoted as the price lor fat cattle.

John Ross deposed that he met Ryan about the Bth of March on Mount Stusvrt. He asked me if 1 had seeu'any cattle of his. lat first s.rid no. I afterwards lold him I had seen M'Alister driving the cattle along the road. I asked M'Alister whose cattle they were. He at first said they were his own. I said T knew better than. that. He then told me they were Dan Ryan's cattle. I left him then.

By his Worship — I consider they were young stock. I call young stock under three years of age.

H. J. Abel, sworn, deposed — I am Gold Receiver. I produce the butt of the license issued to D. Ryan for depasturing cattle.

M'Alister, sworn, said — I have bean troxibled very much with Ryan's cattle coming into my crops. I remonsfrated with him. He took no notice. About the sth of March a neighbour's boy came and told me that a number of cattle were in my paddock. I put them out, and took them as far as Mount Stuart. I left them in a gully there. About eight or ten days after Kyan came aud asked me if I ha<l scan them. I said I had, and that they had been in my paddock. I believe there were only four head of Ry.ms. I know nothing about, the cattle since then.

Cross-examined by Mr Copland — T said I had no objection to go and look for the cattle when I had finished digging my p >tatoes. My crops have suffered very much from Ryan's cattle and horses.

His Worship remarked that the price put upon the cattle was an absurd one, and ordered the cattle to be restored within one month ; failing to do so, to pay L 24, and L 6 10s for professional and other costs.

Tack Qtum v. Lee Kovo. — Claim, L 6, for money lent.

In answer to Mx Blewitt, Chinese Interpreter, the defendant admitted the debt, but said he was unable to pay. He was a miner, had no money, and his claim was worked out.

Judgment for amount claimed and costs, immediate execution to issue.