Feilding S.M. Court.

Feilding Star, Volume XVII, Issue 71, 20 September 1895, Page 2

Feilding S.M. Court.

I » THIS DAY. [Before Me R. L. Stanford, S.M. | W. W. Corpe v. P. Barrie ; claim, This case was adjonrned from last court day, and in the meantime defendant paid the amount of claim. Judgment for costs 7s, witness' expenses 4s, solicitor's fee 21s. Mr Sandilands appeared for plaintiff. Davy and Mills v. R. Stubbington ; claim, £4 lls 3d. Mr Sandilauds for plaintiff. Judgment for amount claimed, with costs lls. Davy and Mills v. John and R. Conway ; claim, £2 7s 3d. Mr Sandilands for plaintiffs. Judgment for amount claimed, with costs 18s, solicitor's fee ss. Davy and Mills v. F. Conrad ; claim, £13 Os Bd. Mr Sandilands for plaintiffs. Judgment for amount claimed, with costs 20s, solicitor's fee 15s 6d. In the case, Stevens and Gorton v. Tapeta Matina, an application for a rehearing, judgment having been given for plaintiffs for 166 8s 4d, which was adjourned from last court day to enable His Worship to give a ruling on the objections to the judgment raised by Mr Reade for the defendaut. Mr Sandilands appeared for the plaintiffs. His Worship ruled that the point raised by Mr Reade — viz., that defendant was a married woman and could not be imprisoned — could not be sustained, as i Maori customs did not constitute marriage according to the Act, but the objection that no conduct money' had been tendered was fatal. The order of imprisonment on the judgment summons was, consequently, rescinded. Mary Lane v. F. Klink (a judgment summons) ; claim, £1 18s lOd. Mr Richmond for plaintiff. Debtor was examined as to his ability to pay, and His Worship, after hearing the evidence, adjourned the case for one month, telling witness he must then come prepared to make an offer. T. H. Whishaw (dog registrar for Manchester Road Board and Manawatu ; and Kiwitea Counties) v. G. H. Poul- j son. Mr Richmond appeared for plain- j tiff. Defendant was charged with having and unregistered dog in his possession. Convicted and fined 10s, with costs 7s. Same v. G. D. Halford (a similar charge). Convicted and fined 10s, with costs 7s. Same v. C. Colir. Similar to previous cases, but in this one defendant deposed to sending the registration fee, which plaintiff denied. Case dismissed. Same v. A. E. Halford.— Convicted, costs of court 7s, solicitor's fee ss. Same v. H. Bennett. — Fined i'l with costs 7s, solicitor's fee ss. Same v. A. Wheeler. Mr Reade appeared for defendant, who disputed' liability for one dog. Case dismissed. Same v. G. Ewart. — Fined 10s with costs 12s, solicitor's lee ss. Same v. M. Peterson. — Fined 10s with costs 7s, solicitor's fee ss. Same v. G. Peterson.— Fined 10s with costs 7s, solicitor's fee ss. Same v. C. H. Burgess. Mr Sandilands for defendant, raised the objection that the plaintiff had not produced any appointment of Registrar of dogs for the Manawatu County Council. His Worship upheld the objection and dismissed the case with costs 10s 6d for defendant. Same v. E. Browning. Defendant denied owning two dogs as deposed by plaintiff. Fined 10s, with costs 7s, solicitor's fee ss. Same v. M. Walsh. Fined Is, as defendant had got rid of the dog sued for, with costs 7s. Same v. A. McDonell. Mr Reade appeared for the defence, and objected to pay the Dog Tax as defendant resided out of the district, and his dog was registered in another county. Case dismissed with expenses for defendant 20s, and solicitor's fee, 10s 6d. Same v. Alfred Wilson. As the dog was destroyed, defendant was fined Is, with costs 7s. Same v. T. Mcfarlanc. Mr Reade appeared for defendant, who denied owning a dog, it having been lost about the end of last April. Fined Is, and costs 7s, as the dog had been kept for fourteen days after January 14th. Mr Richmond appeared for the informant in each of the dog tax cases. DEFENDED CASES. T. Palmer v. D. Johnston ; claim £5 Os 6d. Mr Reade for plaintiff aud Mr Sandilands for defendant. Mr Reade, in opening the case, said the plaintiff had been employed by a man named H. Belin, who had taken a contract from defendaut to fell bush in the Oroua Coal Creek Block, at 26s per acre, After being on the contract for three weeks Belin was arrested on a charge of burglary and was now in gaol awaiting trial. The plaintiff iv the present case had, Avith another workman, obtained judgment by confession against Belin for the amount claimed, and an attachment order was given to defendant. The defence was that according to the contract agreement there was no money due to Belin, as the contract had been abandoned. Mr Sandilauds quoted section 27 of the Workmen's Wages Lien Act in support of his contention, also sub-section 2 of section 19 of the Truck Act. When the contract was let to Belin he had- no means to proceed with the work, and it was arranged that defendant was to make himself responsible to Mr Tompkins for tools and provisions for Belin and his men to the extent of £20. These goods were supplied and eaten, and now defendant had only £2 2s in hand (above the £20), which might be said to be due to Belin, but which defendant held under the agreement as the contract was abandoned. It had been proved by measurement that only 17 acres of bush had been felled by Belin and his men. Mr Sandilands contended that under the provisions of the Truck Act the defendant was entitled to pay the amount of the store bill to the extent of two months' wages. William Lopp, Thomas Palmer and Jas. Layton were examined in support of the claim as to the work done. After hearing further argument from the counsel on either side His Worship said he could not hold that the payments had been improperly paid as Belin could not have started without assistance. Judgment was given accordingly for defendant.