GRAZING FEES

Bay of Plenty Beacon, Volume 1, Issue 1, 21 April 1939, Page 8

GRAZING FEES

PUBLIC TRUSTEE SUED e

JUDGMENT FOR FARMER

A rather involved story in which the ingredients were scrvicc fees for mares, grazing fees, and a claim of ownership, was told in the Whakatane Magistrate's Court on Wednesday when iF*. J. Savage, farmer, proceeded against the Public Trustee for £4 10s for grazing fees on behalf of one of the animals., Mr Smith appeared for Savage and Mr Suckling for the Public Trustee. The case was heard before Mr E. L. Walton S.M. The first witness Ivan F. Savage said that his father at the end of 1937 had a and Arthur Fraser, a farm labourer, brought four mares to the farm to be served. They were the property of Mrs Mary Simpson, of Nukuhou, since deceased. The ina.res were sent to the stallion and Fraser took three of them away, leaving one of them, as she had to re-visit the stallion again. The marc was to remain until MrsjSimpson-jiaid the service fees of £2 a head and any grazing charges which might ensue. The mare was not used- for any work on the farm during the period it was running there. Grazing fees were com! puted at the rate of 2s 6d a week. This evidence was corroborated by F. J. Savage. He added tha,t Mrs Simpson's brother, Alexander Campbell, came to the farm and claimed the mare as his own property. He was told that if he liked to pay the service fees on the other three as well he could take her. Fraser later ca,me and paid the £8 fees and took the remaining mare. Sava.ge said he had interviewed the Public Trustee for payment of the grazing fees, and had been told he had to prove his ease in court. Arthur Fraser, farm labourer, confirmed the story of the previous witnesses as regards taking the mares to Savage's farm and taking them away. He said that lie had seen the mare which had been left there in use as a hack when the cows were being brought in.

Alexander Campbell said he bought the mare in question in J928. It belonged to him now. He asked Savage whether he had used the mare and Savage had admitted it.

The Public Trustee'should never have defended the case said Mr Walton. He gave sudgment for the plain, tiff with £2 2s solicitors fee and 5s plaint fee.