Feilding R.M. Court

Feilding Star, Volume XIII, Issue 19, 13 August 1891, Page 3

Feilding R.M. Court

Wednesday, August 12th, 1891. (Before Mr Brabant, E.M.)Jane Turner applied for a prohibibion order against "her husband, Edward Turner, which was made accordingly, to apply to the Licensing Districts of Feilding, Oroua, and Kiwitea. S3. J. Thompson was -fined Is and costs for allowing his chimney to take fire. The minimum penalty was inflicted because the fire was not caused by the chimney being foul, UNDEFENDED DEBT CASES. ' - M. Keen v, H. Balfour; claim 25sMr Sandilands for plaintiff. Judgment for, amount and costs. L. Holden y. J. Oldham ; claim £4 ss. This case was heard last Court day. His Worship said he was satisfied the charge was a reasonable one and gaye judgment for plaintiff. On the application of Mr Sandilands the question of costs was deferred until next Court day. E..E6binson y. H. Madsen ; claim £9 sb. Mr Sandilands for plaintiff. Judgment for the amount and costs. Say well Bros. v. B. Eoake ; claim £3 ss. Mr Sandilands for plaintiffs. Judgment for plaintiff and costs. Pnngle Bros. y. W. Barrett (judgment summons)'; claim ,£2 9s 9(3 . Mr Prior for plaintiffs. Ordered to be paid in 14 days or in default 3 days' imprisonment in Wanganui gaol. DEFENDED CASES. H. Crabbe y. J. Bork; claim £46 Os 9d. Mr SaridUands for plaintiff ; and Mr Prior for defendant, who disputed some of the items, leaving a balance of £10 13s ■3d.:.;. • ■■ ■'-:■: ■■'• Plaintiff and Ms son Ernest were both examined at great length, as was also the defendant. Ultimately judgment was given for plaintiff for £29, with costs, to be paid as follows : by two instalments of £5 each; open judgment being entered 4pr ; the balance. *H. Crabb y. W; Digby; claim £29 15s 6d. Mr Sandilands for plaintiff, and Mr Prior for defendant. Judgment for plaintiff for the amount' claimed and costs was #iven.- ; J. Jb. Eybus y. W. Milne ; claim £6 0s Sd. Mr Prior for plaintiff. Judgment for amount and costs, by default. G. Sherlock v. J; Knox; claim £7. Mri&chnioiid for plaintiff; Mr Sandiiands^or defendant. iFred^Gerke desposed: He was a con-tractorv;-felledarimu which was 69£ feet off thY fencing line which is supposed to W the correct line ; could not give the "value of the tree. Cross-examined by Mr Sandilands : If there are any objections, timber would iot be taken to make a dividing fence from laud on either side ; had done a lot of feucing, but he never took a tree without asking. ! By the Bench: Was authorised by the owner of the section to cut down the rim n ; was cutting a 2 chain fencing-line ; at the time' did hot know the tree would be used ; could riot say if ifc was worth anything. For the. defence, Mr Sandilands raised the question of the present owner having received a transfer of title from the Land office. ' ■; * Mr Eichmond produced a letter on the subject from the Land Board, showing the Board was prepared to issue a title, and that such title had been issued and was ; now in Wellington. Mr Sandilands said he would prove it •was the custom to allow timber on either side of a dividing: fence to' be felled for the use of such fence. He read certain letters from the former owner of the land, Mr Lynn. He contended that the agreement to erect a i'ence was made with the former owner, and therefore his client -was not liable. James Knox deposed : He was a farmer at Wanganui ; owned a section next to Sherlock, on the deferred payment ■system, from the Government. Mr Lyun, of Paloierston, owned the • adjoining section-. Wrote to him about a dividMig fence; Lynn wrote back saying be would, agree to pay half the cost to put up 12 chains ; billed him at the rate of 10s per chain ; had not been paid yet for the fence; did not know Sherlock was (now) the owner until last May; instructed his contractor, when cutting posts notto go off the line for the timber ; the posts were put in and the wire strained before he saw them, and contrary to his instructions ; the job was completed and paid. for before Christmas; had applied to Sherlock for payment of his part of the fence ; he had not paid. Cross-examined by Mr Eichmond : There were 12 chains of fencing put up; tad not had notice not to touch the nmu ; lad nothing to do with it ; by the tape, the tree was exactly a chain from the fence ; there was no other tree convenient : had given orders that the tree was not to be touched if there were any objections. By the Ceneh : Between 50 or 60 posts were got cut of the tree, Henry Hancock, laborer, Birmingham, felled some bush for Mr Knox last season, also supplied 200 posts at 20s per 100 ; was paid before Christmas; afterwards -contracted to erect some fencing ; Sherlock seryed him with a notice not to remove the posts ; sent it on to Enox, but lefpre he got a reply moved the posts and -used some of them in erecting the fence ; always in patting up a dividing fence used the timber on each side for the work, irresoectiye of whose land it was, whereeverlt was handiest ; took 60 or 70 posts out of the rimu ; there was any amount of rimu there fit for fencing, and Sherlock gained instead of losing by the log being ■cleared to let the grass grow. Cross-examined: The posts had been split five months before he got the notice. By the Bench : The distance from the tree to the fence was exactly a chain. _ Henry Holland, contractor, Birmingham, was experienced in doing by contract the work, of erecting diyiding fences. The rule is to take timber from either side where ever it is handiest to get. The distance from the, fence of the rimu was 66 feet. „„!,,., , , Cross-examined : Had looked round ana saw the tree was the handiest. By Mr Sandilands : A fencing line is felled two chains wide. Mr Sandilands having addressed the Court and Mr Eichmond replied, His Worship said he would hear the second case before giving his decision. Same v.- same ; claim £12. C. Sherlock deposed : He was a settler at Birmingham; felled some bush for Knox 12 months ago on a fencing line ; This was a claim for felling 8 acres all on Knox's side of the line ; agreed with Knox at 30s per acre ; asked Knox to give him " his handwriting"; (letter produced) ; Knox wrote it out. By the Bench : A mistake was made by Knox, who felled the first line all on his own land. Examination continued : When he got the proper Jine told Knox, who said he would not pay until he had a burn and had the line proved by a surveyor. Fred Gerke deposed as to. the bush Edward Bell corroborated last witness. George Richardson, carrier., deposed: ■Knox had asked him to see Sherlock with a, view to settle the case out of Court. "For the defence. Mr Sandilands called the same witnesses as in the first case the addition of Mr Griffin. In titi&um fer £1 judgment was given

in favour of defendant with 21s cost ; and in the second claim for ±12, judgment was also in favour of defendant with costs of Court 9s ; solicitor, 20s ; witnesses, &1 Bs. JUDGMENT SUMMONS S. J. Thompson v. J. Jensen. This case was adjourned until next Court day. The Court then adjourned.