RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume V, Issue 1284, 9 July 1886, Page 2

RESIDENT MAGISTRATE’S COURT.

*. ASHBURTON—TO-DAY. | [Before Mr H. o” Baddeley, U.M.] CIVIL CASES. ■ Daly v. Compton, claim lie, for excessive poundage fees. It transp'red that I the defendant had made an error in his ( reading of the Act, and judgment was i given for the plaintiff. I Porter v Rooney and Rooney, claim , £OO —Mr Caygill for plaintiff, Mr Purnell for defendant. The following evidence was taken ;—James Robb said that last year he resided in South Rakaia Had transactions with the defendant about last > October. Went to see John Rooney with reference to some land he had broken up. ' Asked him if ho were going to put the land in turnips. Uo replied that he did not know, and referred witness to his brother William. Went to Southbridgo j where William Rooney was employed Asked him if were going to put the land in turnips, Rooney said ho did not think ! so. Asked him then if ho would give witness the land for a crop of turnips. Ho * rop ied “ Certainly ; I wou'd be very glad to do so.” Witness asked him if the turnips failed would ho allow witness any- ; thing for bis labor. After some conversap tion ho said that if the turnips proved to be a good crop witness would be more than paid for bis labor, and he could not allow anything if the crop were a failure. He asked witness when the turnips would be 1 oaten off Replied about the end of May 1 Pointed out that Rooney would benefit by t tiro transaction whether the turnips grew or not, Rooney admitted that it was so, * but ho said that if the turnips proved a good crop witness would have them with--1 out paying rent, and if they failed witness ■ could not expect anything for his labor. , The land was unfenced on two sides, and 5 an arrangement was coma to tint witness f should erect the fence ; if the crop proved a failure witness was to he paid in full for ' his labor, if a success ho was to receive * no hing. Witness was to find tho material ‘ for tho fence, and to he paid for it in any > case, Tire fence was to bo a ploughed r furrow one, with stakes and wire. Witr ness laid down tho land—4B acres—in turnips, and erected tho fence. (At this ' stage tho witness gave lengthy particu'ara 1 with regard to tho construction of tire : fence ) Witness saw r Kooney in February ' last, when it was agreed that when tho i ground became damp witness should orcct . ajsod-bank fence over portion of the length, l on which, owing to tho dry nature of the soil, it was then impossible to do so. About April 0 witness sold the turnips to Mr Porter (receipt produced.) Wrote on tho same day to Win Rooney, give him notice of thoea'o, and tolling him that although ho had been unable to complete tho sod bulk fence, ho left about £5 worth of wire, which ho considered was an ample set-off (Letter produced and read). —By Mr Purnell ; Tho groufci was ploughed, and witness was to have it for a crop of turnips without paying rent. The arrangement was a usual one ; it was not usual to charge rent under similar circumstances. It was not arranged that tho fence was to bo mad© with a spade, and that he should plant gorse.—James Porter, the plaintiff said that on April 9 he bought tho turnips from Robb for £22 Witness re-let the turnips. Witness went down to Rooney’s to get possession, when he was told that any sheep he sent down would be turned on to the road. It was on April 18 ho went to seo Roomy, aud asked him if had let the turnips. He replied that ha h»d Witness asked birr: under what authority he had dor.e such a thing. Ho replied that the ground was his, and ho could do as he liked with it. Witness said ho had bought tho turnips, when Rooney said witness had no business to buy tho turnips of Robb without consulting him. Witness said the crop belonged to Robb, and that it w-» aaec-asary to consult anyone else in ihe n !' Witness said the sheep were coming uo. una the22nd, when Rooney said they would be turned on to the road. In reply to witness, I Kooney said he was going to turn sheep on to the turnips next day. Cn another occasion Kooney refused to give up possession of the turnips. John Robb holpod to put up the fence on Rooney’s land, and gave particulars with reference thereto. Ho also corroborated portion of the last witness’s testimony —William ' Morrow said that towards the end of last i year one of the Rooneys had told him that ■ Robb had the use of their land for a crop of turnips. Witness sa ; d it was a wise thing on their part to let Robb have the land, as tho cropping would greatly improve tho land. Witness saw the turnips in question There was an excellent crop One Sunday in April witness had a conversation with Rooney, who said that both tho Robbs had gone away, and ho (Rooney) had let the turnips to Mr . Sprott. Witness understood that it was in consequence of tho advice of his 0 employer that Rooney had let tho I tut nips. (Left sitting.)