Feilding R.M. Court

Feilding Star, Volume XIII, Issue 46, 15 October 1891, Page 2

Feilding R.M. Court

Wednesday, * October 14th, 1891. (Before Mr Brabant, 8.M.) DEBT CASES. E. Robinson v B. Roake; claim £1. Adjourned until nest Court day in order that the evidence of defendant may betaken in "Wellington. Henry Osborne v N. Charlton ; claim £40 19s 4d. Judgment for plaintiff with costs 30s. Eatliff Bros, vI. Morrison ; claim £2 10s Id. Mr Sandilands for plaintiff. Judgment for plaintiff and costs 13s. A. R. Dowdeswell vH. Ross ; claim £%. Mr Sandilands for plaintiff. Judgment for plaintiff and costs 17s, solicitor's fee 21s. j Radiff Bros, vA. Caverniss; claim £11 ! 11s. Judgment for plaintiff and costs 325. ; ' Martin Belski v. D. Bitztnann ; claim -fill ss. Mr Prior for plaintiff. Mr Sandilands lor defendant. "Witnesses in the case were ordered out of Court. This was a claim for tinderscrabbling bush at 9s per acre. Plain tiff deposed: He had token"2o" c": acres to underscrub ; measured the ground } with defendant; described the mode .^f" : usiug the tape ; Ritztaanri said it came _ r - to 25 acre 3 and S chains.; the' sidVlLne-1-- » was 21 chains and the front line 12 chains ; the work was to be clone Vas if he was doing.it for himself.". Cross-examined : Cnt the whole of the underscrub that was pointed out to him ; did not think he had left any patches uncut ; did not hold any of the tape back when they were measuring; Retzmann had never complained that plaintiff, had not done the work properly; [The witness here told Mr Sandilands " No.t to bother me any more."] Admitted haying received a letter, and sent reply ; (letters produced) ; did not threaten defendant with his whip ; had one in his hand when he was talking to him ; had been mustering " wild catties " ; could not say of his own knowledge that the measurement was correct. ' Ke-exatmned by Mr Prior: Could not swear the tape used was correct ; a good man can underscrub an aci'e in a day ; was 27 days working on this job. M. Belski, a son of plaintiff, deposed.: He lived at Pomberton; sometimes with his father ; was a bushwhacker ; and had been so since he was a small boy of six years old ; was now doing a contract for Mr Pemberton; helped his father to do the underscrubbing for defendant; was there when Bitzmann came to measure the ground ; had done about three acres ; heard defendant say he "wanted 25 acres done ; had been over the work and it was properly done ; did not think the pegs had Veea shifted ; but they might haye been ; his two sisters helped to finish the work ; they are 9 and 12 years old ; they had not jet joined in a contract ; but they might do so at a pinch ; the two of the 'girls would do as much as one man ; they used slashers ; Eitamann lives over half a mile away from the bush in question. Samuel McSweeny deposed : He was a bushman; assisted in the job now disputed ; corroborated the evidence of previous witnesses ; the work..waa well done ; Bitzmann had told witness the work was all wrong ; asked Ritzmann what was wrong but he wouldn't not tell him anvthiog ; he said he had "put it in black and white." Cross-examined: Three hands com-" pleted the contract; one day when Belski was away two of the little girls came and did some work in his stead ; would not say ho was courting one of Belskfs daughters; did not see what his walking . with the girl had to do with the case; (The question was withdrawn). George Davis, labourer, deposed : To having inspected the work in dispute and found that the work was very well done. Mr Sandilands, for the defence, called D. Kitzmanu wno deposed : He was a settler residing at Pembarton; had taken up a piece of Government land there, on which he had to do a certain amount of work ; Bebki applied to him to do soma underscrubbing; Belski agreed to do this - for S/6 per acre; told Belski he would give him 9s for good work because he wanted a good burn; Belski came to his whare, asked him if he had done the work Bleski grunted " Yes." Measured the lines and found them wrong; produced a - shetch of the work, giving the measurements of the side and back lines ; the work was not done satisfactorily ; plaintiff could have bis money any hour, when the work was done. Cross-examined by Mr Prior: Was present when the ground was measured by two men, with, one man to cut a line m front. Henry Palenski, laborer, of Halcombe, had seen the work in dispute and did not consider it had been properly done; could not be a good burn, as . too much green stuff was standing; helped to measure the lines; if the work had to bedone a second time it would cost 5s per acre more. Cross-examined : Used a steel tape to measure the line; had no difficulty in running the tape. By Mr Sandilands : A line was cufc for them. The attention of the R.M. was drawn to the fact that although the witnesses were ordered out of Court, one of them stood at the door of the Court and retailed to the others the eyidence as it was given. The R.M. said they should have been oufc of hearing. . Mr Managh deposed : Mr Eitzmann had asked him to measure some bush ; went with two other men," and measured the lines; used a steel tape; in some - places the work was not very well done as the underscrub had not been cut at all ; as far as he could see the burn would' be a bad one. Cross-examined : Had done underscrnb. bmg ; counted the links on the steel tape • they were all there. By the Bench : The work was slovenly done, and to finish it would require four or five bob an acre. August Bork, laborer, living at Pernberton deposed : He heard a conversation between plaintiff and defendant as to the measurement ; Belski said it was half a chain oyer ; measured three of the lines • •»- left the fourth line because they had not £ a slasher to cut it ; there were pieces left"" untouched; the work- was not proWlv done. ' - tf , By the Bench: Thought half of the underscrub was left standing; when plaintiff asked defendant for payment the latter said he would go and ccc tho work first. Mr Sandilands addressed the Court, and asked for a nonsuit as the contract was not completed. Mr Prior haying replied The E,M, said he wag satisfied the work had not be properly done, and asked if Mr Prior would accept a nonsuit, Mr Prior elected to take a verdict for the amount of work done. The B.M. gave judgment for £5/12/6 each party to pay his own costs. n/'- E '- Py * US v ;N.BosB, claim £9, 6/3. *J r . ?" or f ° r Plaintiff. Judgment for plaintiff, and cost 17s, solicitor 21s: tc be paid 10s per mouth. . . Same vH. Ross ; olaim ,£2 1& S 2d. Judgment for plaintiff and costs 18s T. Donovan v W. H. Salter * claim ,614 8s; Mr Prior for plaintifff ' AstS plaintiff was not present Mr* Prior asteJ - for an adjournment. - ' Mr Richmond, for the defiant, oh. :

jected, and as his client had come a long way he wonld nsk for their esponfees. It was arranged to take the evidence for the defence, the case to be adjourned after. Mr Salter, sworn, produced his boolcs and showed that Donovan had been credited 4-5 10s and ££ 3s, and had been paid the balance in several small sums, which he detailed. - "W. H. Salter deposed; He was the defendant in this case ; Donovan had never said anything to witness about the cheque for £14 8s until during the last Court day when he sued Donovan. Case adjourned to 11th of November. R. Robinson v. W. H. Duncan ; claim i! 9 ss; Mr Sandilands for plaintiff and Mr Prior for defendant. Judgment for plain tiff and costs. One month was allowed for payment. Say well Bros. v. It. Dnry ; claim £10 15s. Judgment for amount and costs. One month was allowed for payment. The Court then adjourned.