RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume XVI, Issue 994, 28 November 1883, Page 3

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

At. the R.M. Court on Monday last, before His Worship J. N. Wood, Esq., the following business was disposed of :—

Police v. MlMullenM I Mullen and Anderson.— Mr M'Coy for defendants, who were charged with entering the tents of some roadmen living near Bangtowa, ou the 18(h of the present month and taking about lib of cheese.— M 'Mullen pleaded guilty, and Anderson not guilty. Mr M'Coy drew attention to the small value of the article, saving that the Act gave His Worship power to dismiss the case when the value of tke articles was trivial. —His Worship having cautioned M'Mullen discharged him, his parents topiy costs.— Francis Kelly remembered M'Mullen going into the hut. Anderson was at home minding the fowls and didn't get any of the cheese. Anderson was discharged, His Worship telling him to apply the remarks made to M'Mnllen to himself.

Burnett v. Michael —Mr Hunter for plain* tiff; Mr M'Coy for defendant. Decision having been reserved in this case from last Court-day, His Woraoip gave judgment, saying that the point he entertained was thai there was no mutuality on the part of defendant. He didn't think there was mutuality, but there wis sufficient to constitute an implied contract, and therefore defendant was entitled to one month's notice. Judgment for £7 10s and coat* (465 ) •

Herbert and Co. v. Kitching.—'S/lr M'Coy for plaintiff. Claim of £15 15s 3d for goods supplied to defendant's order as a partner in the Alpine Reefing Company. Judgment by default for amount and costs, including solicitor's fee (£3 6a).

Evidence was taken in the case of Erridgc v. Blair for transmission to another Court. Mr M'Coy appeared for defendant Blair, who was sued for certain buggy-hires. Defendant denied having ordered the buggies or authorized any one to do so. A man named Fitzmorris (of Longbush) had come to defendant, asking bim to visit; his wife. Defendant told him if he got a conveyance he would go. Fitzmorris got a buggy and defendant went with him to see his wife.

Creditors' Trustee in Tuchey's estate v. Thompson* — Mr M'Coy for plaintiff ; Mr Finlayson for defendant. Claim of £47 19s lOd for goods sold, alleged to belong to creditors. Mr M'Coy said the caee turned principally on points of law, which could be easily ascertained. When John Tnekey, junr., became insol rent, all his property vested in the Clerk of Court until the appsintment of a trustee.v Mr J. C. Arbuckle, who had been appointed a day or two after the insolvency, found that Tuckey's goods wer being removed* to Thompson's sale rooms. Arbuckle demanded the goods, but Thompson refused to give them up. H e agreed to bold the money until he found out who was the proper party to whom to pay it, An agreement -was afterwards come to a» to what was to be done in the case.— Mr Abel, the Ulerk of Court, declined to be brought into the agreement as being outside the line of his duty, and the agreement therefore fell through. Mr Arbuckle waa appointed creditors' trustee at first meeting. M> Thompson sold portion of the goods at the risk of the party who authorised him, and afterwards sold on beh*lf o£ creditors 1 trustee. Then a meeting of creditors was hel ', when minutes were taken of the bankrupt's examination. — Mr Finlayson objected to the production of the minutes, but his Worship decided that they were admissible as evidence.— The bankrupt made statements to show that the bill of sale was . fraudulent, as it was given for an antecedent debt— four years previously, The bill of sale was given voluntarily, there being no request by Ooi that it should be gieeu. —Mr Finlayson : You can't support itby evidence. — Mr WCoj (continuing) : There was no communication with Cox at the time the bill of sale was given, and Tuekey was not then able to pay his debts;— lf made within three months of bankruptcy, it was fraudulent. Another point : if an auctioneer had notice that goods do not belong to his principal, he is liable personally. — H. J. Abel produced all documents in the estate.— J. C. Arbuckle supported the statement of Mr M'Coy that be had made a demand for the goods, and verified Mr Herbert's signature as Chairman. — Mr I Finlayson objected to minute-book as evidence, as bankrupt had no opportunity of orossexamination. Several authorities were cited by Mr Finlayson.— Mr M'Coy contended th »t •when the minute-book was signed by the Chairman, it was then admissible as evidence. On Mr M'Coy being about to read from mintites, Mr Finlayson objected, and asked His Worship to note the point. The bankrupt's statement was to the effect that he gave a bill of sale to Cox in August last. Cox bad supplied him with furniture at the time of his getting married. No money was passed when the bill of sale was granted. Cox was always nagging at him for bill of sale. He was not solver t when he granted the bill of sale. Cox didn't know when he gavel bill of e&ie, Most ot the debt was I incurred in July, 1879. The bill of sale was given in August last. — Mr Arbuckle, in crowexsmiuation, said Mr Thompson told him if he would give written indemnity he would pay the : noney. Witness refused ; he didn't think he c r er consented to give one. Mr Thompson •ftei wards promised to pay the money over without indemnity. There was something said about witness consulting one of the creditors, but he objected to the indemnity, — Mr Finlayson took exception to the jurisdiction of this Court, as by " Debtors' and Creditors' AcV1876," it is impliedly excluded. He did so. tjo protect his client in case anything

might happen afterwards in the way of a second demand. If at the • ime the furniture was supplied to Tuokev, there w s an Agreement to grant a bill of sale, and such bill of sale were granted subsequently, in terms of agreement, ifc would not bo fraudulent. W. M'Nickle had authority from Cox to proceed with sale, and alsq from Mr D. M. Stuart (Cox's attorney.) M'Nickle leizad the goods and took them to the saleroom, and the goods were sold before the demand was made. Mr M'Coy : There wai a demand made previous to the sale of the goods.— Mr Finlayson cited a number of authorities to show that the principal was the party against whom to proceed and not the agent. — W. M'Nickle gave evi-lence of receiving authority from Cox and Cox's agent prior to bankruptcy, and receiving written demand to serve on Tuckey, which he did prior to Tuckey filing.— John Thompson also gave evidence of ac'ing on instructions from M'Nickle, and of being threiloned with legal proceedings by Cox's attorney, so that he didn't know whom to pay the money to. — Hi? Worship reserved judgment. In the case of Williamson v. Havivwnd (Mr M'^oy for plaintiff ; Mr Finlayson for defendant), adjourned from last court-day for further evidence, Mrs Williamson, Isabella, and John Williamson all gave evidenoe to the effect that plaintiff had never gone beyond bis own gate on the day in question. — John Ross, farmer, also gave evidence. So far as witness knew, Mrs Hammond had never said anything as to the payment of the money -W. Draper, Thomas Hammond, Mrs Hammond and Mary Jane Hammond all gave evidence for the defence, after which his Woiship gave judgement for defendant, Baying that numerically the weight of evidence was in defendant's favor. Keenan Bros andDoivniei. Fulton. — Messw Reid (Milton) and Hunter for plaintiffs ; Mr M'Coy for defendant. Claim of £100 for sheep worrying and other damage done by defendant's dogs. Mr M'Coy for defendant, admitted that it was probable defendant's dogs did kill some sheep, but the demand was excessive. Mr Reid, for plaintiff, said that on 30th and 31sfc October and Ist and 2nd November, two dogs of defendant's entered a paddock of plaintiffs' and worried sheep. The dogs were seen on the first day by a Chinaman named Ah Ling, who went to the rescue and drove tbe dogs away ; and, on tbe 31st, the same happened as on the previous* day. On the 2nd of November, Daniel and Henry Keenan caught the dogs in the act of worrying sheep, and drove them home to Fulton's. Mr Fulton, on learning of the fact, agreed to submit the matter to arbitration, expressing his regret. On the Ist day, eight lambs and three sheep were killed, and later on 15 sheep and sight lambs. Afterwards thirtyeight more lambs and ninesheep were found. Fulton's man saw four. The sum of 14s for sheep and 8s for lambs was fair, and £75 for general damage was not too much, as it was impossible to tell the amount of general damage done to the flock— £loo ia all was not unreasonable. The ownership ol the dogs was admitted. — Daniel Keenan remembered, on the 2nd of November, Fulton's dogs being amongst a flock of about 1000. Patrick Downey and witness saw them killing sheep. Five were killed when witness saw the dogs. Fulton's man saw four of them. Witness left word with Fulton's man for Fulton to come and see about the worrying. When wituess saw Mr Fulton there were eleTen billed — eight lambs and three old sheep. That same evening, witness got twelve more lambs When witness sa w Fulton next day, and hsked him to come up, Fulton said he would take witness's word. Witness found nineteen big sheep and thirty nine lambs altogether, and possibly more might be killed. Witness found a lamb in a hole. Witness thought a fair value was 16s ior full-grown slieep, and 8s for lambs. Witness wouldn't take £200 and let dogs in to kill the same numbor. Those that were bitten never throve afterwards. November is the worst time that dogs could get amongst sheep In cross-examination, witness said he refused to show damage to arbitrators, saying now was a curious time to come — ten days afterwards. At the time of arbitration, witness didn't claim for twelve. Tbe sheep were all ages and different sexes— half bred, throequarter bred and merino j some of I hem were i four years old. The first lot witness' mate skinned and the skins are lying about. Mr Fulton wanted to pay for fifteen. No lambs are killed by the hawks. The skins would be worth 2s 6d to 3s. To Mr Reid : I said what was the use of going to see the sheep, as I saw the place, and the sheep were out of that. — P. Downie and Ah Ling gave corroborative evidence. — W. Draper and Hugh Ross gave evidence as experts. —Mr M'b'oy said, before calling defendant, that defendant believed that his doga killed some of the sheep, but the number was greatly exaggerated. It seemed to him an attempt to make a "rise" out of their misfortune. Every dead sheep that, could be found had probably been mustered to make up the number. Fulton was willing to admit that all the sheep found on the first occasion were killed by his dogs, and he would have paid for them, On the day that the Seenans saw the sheep they muab har* seen all on that occasion.— R.G. Fulton gave evidence of saying he would take the word of Keenan for the number killed. Defendant didn't see Keenan again until 6th November, when he told defendant that there were fifty lambs and three old sheep killed. A bill was left at defendant's house afterwards for 38 lambs md 19 sheep. Defendant agreed to settle it by arbitration, but Keenan refused to show the arbiters the sheep.— James Grieve (one of the arbiters) gave evidence as an expert. Keenan had said that arbit -rs couldn't see the damage done. — Daniel Keenan, called to give rebutting evidence, said that he didn't tell Fulton the number of sheep killed after the day oj which the dogs had beea caught. The day the dogs were "Caught killing, witness said 11 and soon afterwards 12 mare. Witness didn't tell him any more afterwards. —Patrick Downio said he would go to show the arbiters the damage Witness didn't say he wouldn't go. — His Worship said the evidence was very contradictory as to the nnmber. Fulton's eridence went to show that on 6th November, only three ewes were killed. There wa • evidence to show that only 14 had ben skinned. There Was a probability that 38 lambs were killed. Judgment for Jg2l 10s (including £5 of general damage) and costß (including professional fee £3 3s) £10 6s

Clayton and M'Nab v. Morris— Claim £22 19s.— -Judgment co >fessed. Grieve v. S. M'Comb. — Adjourned to 10th December.