Feilding S.M. Court.

Feilding Star, Volume XVIII, Issue 15, 17 July 1896, Page 2

Feilding S.M. Court.

This Day. (Before R. L. Stanford, S.M.) B. Poole v. E. Burns; claim £5 2s. The amount having been paid, less costs, Mr Reade (for plaintiff) asked for judgment for costs. Judgment was given accordingly for £1 16s. J. P. Cowie v. F. Rowberry ; claim £2 6s Bd. Mr Sandilands for plaintiff. Judgment for amount claimed, amount to be paid £1 and the balance at 5s a week, by arrangement ; coats, 17s. Barrand and Abraham v. R. Robinson ; claim £1. Mr Sandilands for plaintiffs. Judgment for amount claimed, -with costs 8s and solicitor's fee 15s 6d. P. Thomson v. R. C. Teinpler (a judgment summons) ; claim, jEII 7s. Mr Sandilands for defendant, lv reply to questions, debtor said he was at present unable to pay tbe amount ; that his total indebtedness was £'70, and that he was making arrangements by which he hoped to pay all bis liabilities ; that he had no desire to evade payment. The case was adjourned, by consent, for two months. Feilding Borough v. T. Jones ; claim £1 3s. Mr Catbro for plaintiff. Judgment for amount claimed, with costs ss. Same v. R. Bowler ; claim £3 6s Bd. Mr Cathro for plaintiff. Judgment for amount claimed, with costs 5a and solicitor's fee ss. Same v. Arthur Pallant ; claim, £6 13s sd. Mr Cathro for plaintiff and Mr Fitzherbert for defendant. Tbe amount claimed was for rates. G. C. Hill, deposed : Was rate collector for the Borough ; the amount claimed was for rates due to March 31st, 1896. Cross-examined: Defendant was not in occupation when witness valued the property for the year for which rates were claimed, but was told by Mr Hamilton (agent for his wife, who owned the property) that the property was held under lease by defendant ; Mr Jackson was the occupier at the time. The defence was that the defendant was not in occupation during the time for which rates were charged nor for some time previous. The premises were originally held under lease by defendant, who transferred his lease to Mr Jackson, although not by document. The rates were paid by defendant for the first year but he was not in occupation for any portion of the second year, and this claim was, therefore, disputed. A. Richmond, deposed : Prepared an agreement between the owner and Pallant, for the lease of premises ; the agreement was made on November 15th, 1893, and was for two years (to November 15th, 1895) ; nothing was done in writing, as far as witness knew, cancelling the agreement although he understood possession had been given up by defendant before the expiry of the agreement. H. L Jackson deposed : Took over the business in November 1894, and leased the premises from Mrs Hamilton by verbal agreement ; paid his rent to Mrs Hamilton ; when witness gave up possession about four weeks ago handed the key to Mrs Hamilton. A . Pallant deposed : At one time leased the property, which Jackson took over ; have not been in occupation since Jackson took over the premises ; gave up possession in May 1894 to the Boot Company and did not pay any rent since then ; gave notice to the Borough Council that witness desired his name removed from rate roil ; sent in three notices to the Council. After hearing argument of counsel, judgment was given for plaintiff (on the ground that he had not raised objection to his name appearing on rate roll as provided by the Act) for the amount claimed with costs 10s, and solicitor's fee 265. Mr Fitzherbert asked for leave to appeal, which was granted on condition that the amount was paid into court and a bond of £10 entered into. Francis Spencer v- Sam. Sidet ; claim £1 17s. Mr Sandilands for plaintiff and Mr Reade for defendant. This was a claim for the recovery of the cost of a pig alleged to have been sold to defendant. The defence was that the defendant purchased a barrow pig and not a sow, but this was denied by plaintiff, who alleged that a particular pie was purchased. F. Spencer deposed : Was a farmer residing at Cheltenham, and devoted some attention to pig " raising " ; in May last was killing some pigs when defendant came into tbe shed where tbe pigs were hanging ; offered him one of the pigs at 3d per lb ; defendant purchased the pig and was present when it was weighed ; it was marked for the pnrpose of identification ; it was a young sow pig; it was not "in pig " ; the pig purchased by defendant was taken to Mr Retemeyer's for curing by Mr Dowdle at the request of defendant. Cross-examined : Nothing was said about defendant wanting a barrow pig ; sold a particular pig to defendant. Frank Dowdle, deposed : Was a farmer residing at Cheltenham ; in May last was assisting plaintiff to kill pigs when defendant went there ; plaintiff sold a pig to defendant at 3d per lb, and it was marked for the purpose of identification ; next morning brought that same pig to Mr Retemeyer's, at defendant's request, for curing. Cross-examined : Would swear that the pig selected was the one delivered at Mr Retemeyer's ; it was a sow pfg ; nothing was said about defendant wanting a barrow pig. Albert Williams gave corroborative evidence. Samuel Sidet, deposed : In May last was at Spencer's, when he (witness) pnrchased a barrow pig which, amongst others, was hanging in a shed ; agreed with plaintiff to send it down to Retemeyer's ; saw Mr Retemeyer later on and asked him if it would be ready by June 30th, when that gentleman told witness it was a sow pig which was supplied ; on June 9th informed plaintiff that he would not take delivery of the pig as it was not the one he purchased. Cross-examined : Did not know what pig was delivered to Retemeyer's except what that gentleman had told him ; judged from the size of the teats that it was a barrow pig he bought. W. B. Retemeyer deposed to Mr Dowdle bringing a pig to witness to be enred and the pieces taken to Mr Sidet ; it was a sow pig and from the quality would make inferior bacon. John Free also gave evidence. Judgment was given for the plaintiff, with costs 12s and witnesses' expenses 15s. Akapita Tangata v. Maurice Drury ; claim £6 8s 6d. Maurice Drury v. Akapita Tangata; claim £8 9s 4d. Mr Cathro appeared for Akapita Tangata and Mr Reade appeared for M. Drury. Mr H. J. Booth acted as interpreter. Akapita Tangata, Te Pongu, M. Drury and H. Hughes were examined. Judgment was given for the plaintiff in each of the above cases. An interpreter's fee of 7s 6d in each case was allowed. (Left Sitting.)