Folding R.M. Court

Feilding Star, Volume X, Issue 71, 13 December 1888, Page 2

Folding R.M. Court

•- — = — Ton Day, -

(BeforeK. Ward, E«ir. f X.M,) rouctt cabs, Wm, Spooner was charged that he had -.< ailed to contribute to the maintenance 0f... lis son," an inmate ,of the Birmingham^ '* [ndustrial School,, the sum' of £5 16p, 3ase struck oourt r the .police to proceed in -• she ordinary way by distress, 'V CIVIL oases. -' J. Jensen v, B.D. Aldrich.— Claim £0 Lis 6<L Judgment for amount and costs. J, Jones v, Tapitu. — Claim £17. MrSandilands, for defendant, applied for the aase to be adjourned till next court day; With consent of .plaintiff adjournment granted. Wr G. Shearer (manager for Eade and Venn) v. H. Martin. — Claim 16a 6d. Case held over till next court day. P. and J. .Bartholomew V'v, W, and RReid.—Clain>^l7 19s ld. And Reid v. Bartholomew. — Claim £25. These cases were heard together. Mr Prior for Messrs- - Bartholomew, and Mr Saiidilands for Messrs Reid. Mr Prior opened the case? " and called John Bartholomew, who deposed : He= was a member of the' firm of P. and J.. Bartholomew; (agreement between the plaintiffs and defendants produced) ; had acted under it, and employed defendants in working the bush referred to in the - agreement ; had supplied defendants with bullocks, yokes, &c. ; supplied the bullockswith hay ; defendants had asked witnessif his firm would pay for the grazing of the bullocks on defendants' own land ; said " Certainly not, as their own paddock was within 24 chains " ; as a matter of fact the bullocks were grazed on the roadlines (by defendants) round their bush ; consequently they got into the pound several times ; insisted on the bullocks being ~ put in plaintiffs' paddocks, as the bullocks were coming down in condition ;-^they were afterwards put in witness' paddock \ ~ the Eeids objected to witness' paddock as it was large, and they did not like having to run after the beasts in the morning \, put up a fence for them; there was always plenty of feed; actually supplied two teams of bullocks; one bullock died from the lowness of the feed on the road side ; had had disputes with defendants about the quality and quantity of the timber sent down ; laid some logs aside ; defendantstold witness to cut them'up for themaelve3 r which he did ; the logs were rotten, some of them, or too much measurement ; the | number, length, and square were put oa the logs, so that when they came to the mill they might be checked ; always paid for the logs according to measurement of defendants ; afterwards when it was found 'the figures did not agree, witness spoke to defendants, who said if their measure^ meats were not taken they would send no> more logs ; consequently would not take - any ; had to stop the mill for some days until preparation was made to go intoanother bush ; had applied for a re-pay-ment of £20; thought a claim had been- - made for repairs ; told them they expected: to get back the gear in the same good order as when it had been delivered. Cross-examined by Mr Sandilands : Their paddock was about 200 acres felled and in grass; there are 2 or S miles of fencing; the Kiwitea runs through a portion of it ; the paddock the bullocks were*. putinwaßall fenced; part oflhe boundary was open to Kimbolton road ; did not object to the bullocks running on Reid!a ■■ line ; Reid had objected to having to hunt. „ the bullocks in a 200 acre paddock ;.„puf " up the fence for them; took deliveryjfof ~ the logs on the skids in the- bush ; didnbk - ~- say he would cut the timber; at the actual-**' cost of cutting ; objected to- say what'"it : - really post to cut ; it was about 8s ; was paying Is ll^d for cutting in the Cheltenr;.^ ham mill ; the sawing would be la'i7L ai pi^i Peter Bartholomew deposed r^Se/re//,, membered the agreement being signed*; \, 12 months after it was* signed" asked witr-sX. neßs whether they would give; them (the"~ Reids) anything for grazing the bullocks ; ' refused because the paddock was near and A.z handy; the arrangement -was madei'ths ffi bullocks should go there; gave ouEqcJu*-' hay in the winter time ; was now supplying bullocks and gear to other parties on same terms as the Reids ; the gear must be kept in good order by the parties ; for cutting timber 8s is not' out of the way; considering the waste it is only a fair charge; it is a very hard thing to estimate the cost of cutting. < Cross-examined : The size of the paddock is 640 acres, of which 200 acres are* felled ; thought it was reasonable to run bullocks there ;' their firm, was to find all fodder ; the bullocks were to' run in the - 540 paddock ; Reid'had ItblA witness that he could not stock his own land, owing to his having' to graze Bartholomews' bullocks, but did not remember Reid had claimed £15 for grazing-; did.not consider they had any claim, as witness had a . paddock at their disposal, where there was - plenty of feed. Walter Bailey deposed: He had let bush by contract, and supplied "bullocks and gear to bring "logs to his mill ; it was the custom of all contractors to keep the gear in good order ; if a bullock died' the sawmiller would be at the loss. j Mr Sandilands, for defendants, addressed the Court. [Left Sitting,] "