THE PUKEIIINAU CASE. P Kelly v. C. Kidd and Others. JUDGMENT. The Court gave judgment in this case as follows : In this case, one of encroachment brought by the plaintiffs against the de fendants for encroachment, the date of the encroachment being the Ist of March last. The defendants set up as an answer that they marked out the <-la : in and took possession on the 9th oi I rnry imme diately upon its being re-* *r 1 upon by the Crown. The real niatu r at issue therefore is whether the defendants did so mark out. The evidence in the case has been un usually voluminous and most conflicting. Many facts; indeed, nearly'all the facts, are flatly contradicted by other witnesses, and some unde, circumstances that leave the Court no ground for hoping that the

discrepancies arc the re.su’t of mistake— to some of these it will not be necessary to refer. First, it is argued on behalf of the plaintiffs’ case that the pegging out on the 9th is stated to have beemnade on the part of the other defcida.ts by five persous, the principal of whom (for he acted for two others as well as for him self) is Mich ..el Conroy,—these persons acted on Conroy’s statement as to Capt. Gqjdsmith being on the ground, and on the supposition that the re-entry had been effected. They all sav so ; and so does Conroy,—so that if it be proved in tlio opinion of the Court that Conroy was not on the ground on the 9th February, as they depose, it must he clear that the statement of all 5 of these witnesses must ho false. The defendants rely on tho peg ging out on the 9th of February—they Irve not marked out since, nor aut'lior iied any person to do so for them, so that if they did not mark out on the 9th they must he trespass, sas complained. There are ma.iy witnesses called who depose to the fact of Conroy being employed on that very day at a distance from tho ground which, if true, would make tho marking out as he alleges an impossibil ity. Others again rebut this evidence, and if their story be true, leaves Conroy’s statement and that of the other witnesses as to the pegging out conclusive. 