AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VII, Issue 644, 15 September 1882, Page 3

AKAROA RESIDENT MAGISTRATE'S COURT.

SJefoke Justin Ayuiek, Esq., H.M., and W. B. Tosswill, Esq., J.P.

Tuesday, September 12.

CIVIL CASES. B. Malmnnche v. J. Lelievre. Claim £3 Is. This was a claim for balance due for falling a line and putting up a fence. There were several items disputed by defendant, who said the fence was a bad « ne, nnd not according to contract.

James Scott testified to tho agreement between plnintiff and defendant, which •wasto the effect ihat defendant had promised to give the same price for bush falling nnd fencing as plaintiff had got from Messrs Lyon and Roberts, viz.. posts •2.48 a lOn. biminers 3s each, clearing 10----•per (bain, pulling up fence average 3- pr c hflin.

By defendant : Ti ere were a i'ew trees; •eft landing on the line.

A. Roberts s fid that le and Mr Lyon j agreed with Mr Jule Lelievre that Mr : MalmiHicbe should get the same for put- : 'ting up the line between them as be. had .■got for that part lor wi.icli they (Messrs ;Lyon and Roberts) hat! paid. It was a fair fence, but he did not think quite as .good as theirs. j By defendant: He had not bad much 1 experience of fencing. John Brown, called, said : The fence was not so good as ihat put up for Messrs Lyon and Roberts—tho posts wervs defective.

Wm. Mnspfield, sworn, said : that he bal valued the clearing at about 4s a chain. Tlie line was not so well cleared as on Lyon and Roberts' side, and the fence was not sheep proof. The posts ■were wide apart, and there was timber ■heaped up and not burnt. Tbe value of the falling was about £2 per acre. Could ■not come to valuation of fence as it was not sheep proof, or as good as Lyons. The posts were not good. By Bench:: It is not sheep proof, and ;the posts not so good and further apart. V. Masefield give similar evidence. John Tangey said he had ex mined tho line in dispute, and there was timber standing. Tho clearing was worth £2 to £2 10s per acre. The fence could not te strained so as to be sheep proof, as the staples were jammed home. It v/as not & good fence

Jule Lelievre, sworn, said : That he had agreed with plaintiff: to do the work, and bad sold him a horse. The price of the horse was to be deducted from tbe work, lie had had the clearing a full chain wide •because of horse.

The Bench said they thought the evidence proved the fence not as good as Lyon and Roberts', and gave judgment for defendant with costs.

Black and another v. Alfred Mitchell

Mr Nalder applied for an order to eject •defendants from the house lately occupied by Mrs Peter Malmnnche—a bankrupt ; also for payment of rent for £24, and for •the delivery of certain goods in the tene'inent.

The B 'neb made &n order for the ■delivery up of the house and the rent. The Court then adjourned.