Feilding S.M. Court.

Feilding Star, Volume XVII, Issue 84, 5 October 1895, Page 2

Feilding S.M. Court.

Friday, October 4tb, 1895. | Before Mr R. L. Stanford, S.M-1 J Davy and Mills v. W. Crump ; claim LI 11s lid. Mr Sand Hands for plaintiff asked for judgment for costs 9s, the amount having been paid. Judgment : for 9s. ! Jas. Trewin v. Yong Kuni ; claim 15s 6d. Mr Prior for plaintiff. Judgment for amount claimed with costs 6s T. H. Whishaw v. K. McEenzie : a judgment summons claim 16s 6d. Mr Fitzherbert, for the defendant, made an application for a new hearing, Mr Richmond appeared for plaintiff. The judgment order was refused, and the application for a new hearing granted, the date of such hearing to be fixed by plaintiff. Edward Penman was charged on the information of Constable Tuohy, that he did on Friday, September 27th, unlawfully expose and parade for show the stallion Bay King in Manchester street, Feilding, not lawfully appointed for that purpose, contrary to section 3, subsection, 21 Police Olfcnces Act, 1884. Mr Sandilands for plaintiff, pleaded " guilty," and asked that a small fine only should be inflicted as it was customary for years past to parade horses in the streets and they did net know it was an offence. The Police cailed E. Jcnuins, who deposed to going along Manchester street on the day in question and was kicked in the shoulder by the horse Bay King. Accused was fined Is with costs 7s. Harry Dewar, A. W. Shand, and C B. Hansen v. Young and Grainger ; claim £41 10s, for work and labor done. Mr Moore appeared for plaintiffs, and Mr Guy for defendants. Mr Moore, in opening the case, said it arose out of an agreement made with Young by the plaintiffs to cut sleepers at Is each. They were to cut up to 5000, and assist in floating them down the Kiwitea to a point agreed on. After cutting 950 sleepers they applied to Grainger for payment, Young having cleared out. Grainger declined to assist in floating the sleepers down, and the men stopped work. The plaintiffs cut 808 sleepers in Mr Stewart's bnsh who was paid royalty on that number. They were willing to allow a reduction of jE'4 10s as some of the sleepers were in blocks. Harry Dewar deposed to making arrangements to cut sleepers at Is each ; understood at the time of the agreement gthat Grainger was a partner of Young's ; the latter wrote out an agreement which was signed by plaintiffs, who were to be allowed to square some of the sleepers in blocks, for which a deduction of 2d for each saw cut was to be made ; they were to assist defendants to float the sleepers down the Kiwitea stream ; assisted on one day, but stopped as Grainger would not give them further assistance ; Young saw their work and approved of it. Cross-examined : They were to cut up to 5,000 sleepers but no mention was made of delivery ; did not supply a list of sleepers cut to Grainger ; could not say how many blocks there were, but there were 450 cuts in one lot and 91 in another ; Grainger had to cart the sleepers to the river. C. B. Hansen. and A. W. Shand gave corroborative evidence. R. Stewart deposed to being paid royalty for 808 sleepers which were well cut. For the defence Mr Guy called Andrew Grainger, who deposed : The agreement was that witness was to cart the blocks which would not float and plaintiffs were to float the sleepers down themselves ; also, that payment was to be made for those passed by the Inspector ; the men refused to float the sleepers down to the Beaconsfield bridge ; was willing to pay the men when they completed the contract. W. Bray and J. Entwisle deposed to a number of the sleepers being no good. In summing up Mr Guy said the defence was that the men had not fulfilled the contract and the sleepers were not properly cut. It was only a fortnight ago since the dispute. Mr Moore having replied, His Worship gave judgment for the amount claimed less £4 10s, with costs £1 13s, witness* expenses 17s 6d, and solicitor's fee £2 12s. The Court then adjourned.