The Gisborne Times PUBLISHED EVERY MORNING. GISBORNE, MARCH 17, 1903.

Gisborne Times, Volume IX, Issue 842, 17 March 1903, Page 2

The Gisborne Times PUBLISHED EVERY MORNING. GISBORNE, MARCH 17, 1903.

OF INTEREST TO FARMERS. A case of much interest to the farming community was recentiy heard at Christchurch, and is worthy of the notice of the banners: Unions. We are indented to the Mercantile Gazette for throwing additional light upon the case. A farmer was sued for £4UI), being the alleged value of a trotting mare which had met with its death in his padlocks during the time the mare was being grazed there on account oi the owner, who paid for the grass the sum oi two shiliings per week. When the defendant undertook to receive the horse,it was not pointed out to him that it possessed any special value, nor did lie suspect that he was, lor ihe small amount he received per week, undertaking a respoiisimmy oi something like iiSuu, the value which several witnesses placed upon the mare. Air justice uennisum, m summing up, said he regie tied that the law compelled him to direct tne jury that, u they iound the death oi the horse resulted irom any negligent act or detault on the part oi the defendant, the plain till was entitled to lie paid whatever sum they found to he the true value of the horse at the time

she was killed. The law, Mis Honor said, appeared exceedingly harsh. A farmer might, as the defendant ‘did, agree to take four horses to graze, and receive lor so doing a trifling weekly sum ; there might he nothing in.the appearance of tne horses to suggest that they were anything more than ordinary hacks, worth perhaps twenty or thirty pounds a piece, and the owner was not by law compelled to disclose their value. “If,” 'the

learned Judge continued, “ by some accident, involving what a jury might find to sc negligence on tne farmer’s part, these horses were injured or Killed, he might he called upon to pay a sum of money which would reduce

him to beggary.” We agree with His Honoris remarks, and think they should be remombered by our legislators, so that an act might be passed, limiting the liability oi the graziers to a sum not exceeding twenty pound for each animal agisted in all cases where value is not declared, or a special contract recognising the liability is not entered into. Ju the case which Air Deuniston had before him (continues the Gazette), when he thus expressed his opinion, it was shown that the horse met its death by coming into contact with a branch oi a dead tree lying upon the ground, with a bayonet-shapeu piece, some thirty inches long, projecting, which, the evidence showed, had penetrated into the stomach of the animal. How this dangerous piece oi timber got into the paddock, and how long it had beeii there, no one could say. The defendant (U"d his witnesses proved that horses had neeil running in the same paddock for years, tnaw -° ° ne had ever seen the timber before, creep! a piece very much like it in a portion of the fence, which showed marks of having been disturbed. ft was proved against this, however, that four or five years ago, several trees forming a boundary fence bad

been lopjied and that tiie branches and other parts had been allowed to lit* in the vicinity of where the accident had occurred, but that since then they had all been cleared away. The Judge directed the jury that the defendant was bound to take reasonable care of the animals he agreed to graze, but nothing more, and it was for them to say whether he had, or had not, been guilty of any negligence which brought about the death of the horse. In the end, the jury, after deliberating for nearly two hours, brought in a verdict for the defendant. We have mentioned this case merely lor the purpose of calling attention to a liability of which many are ignorant. Wc know it is the common opinion of graziers and others, that they incur no responsibility in accepting horses or cattle to graze. This, however, is quite an erroneous assumption ; tiiey do not by becoming temporary trustees of such property become guarantors for tiie absolute safety of the animals entrusted to them, hut they practically no guarantee that if the horse is lost or injured through any negligent act or default on their pari °r that of their servants, they will pay its value whatever that may be. An agister—as a person is called who receives horses and cattle to graze —is not an insurer ; if the horse is.stolen while in ins charge, he is not liable, unless of course he m some way is 10 blame for not taking reasonable precaution to guard against the thel't. If the animal is killed by the horse

liend, or any other person, or if an evil doer maliciously leaves the gate open, and the horse escapes, or should some one pun barbed wire across the

paddock and injure the horse, the agister is not liable, because in tlio instances we have given his conduct has in no way contributed to the result. In order also to charge him with the loss it must be shown that 1m acted as a reasonably

prudent man would not have done. This, it must be remembered, is always a question lor a jury. A defendant might be conscious that he was blameless in the matter, but his knowledge might not coincide with the opinion of the jury on the question, and very slight evidence may he sufficient to justify a verdict against him, Until some change is made in the Jaw by which uie liability of an agister is limited, it would be a prudent act on his part to notify that he will allow no horses or cattle to be grazed in his paddocks unless under an agreement in writing, fixing file value —in case of any injury occurring to them.

Business premises close at noon oi Thursday.

The fortnightly meeting of the Borough Council takes place to-night.

The steamer Zeaiandia arrives from Sydney on Thursday. Tolago Bay won the cricket match against Gisborne yesterday by 13 runs. Lord Hawke’s team suffered defeat.in their first match in Australia, Victoria beating them by seven wickets. Madame do Romo, palmist, announces that the present is her last week in Gisborne.

Nominations of candidates for the Licensing Committee will be received up til! Thursday next. Tenders close at 7.30 to-night for the supply of 150 yards of shingle for the Borough Council. Mr C. Matthews, Patutahi, invites tenders for splitting and erecting about 60 chains of fencing. Tenders are invited by Mr H. Riddicki of Rakauroa, for falling 200 acres of bush* Tenders close un Friday, Specifications may be seen at the bußh. Capt. Edwin wired yesterday : “ Heavy gale from between north ancl west and south-west; glass fall; expect rain ; tides decrease.”

East Cape reported yesterday : “ N.W light breeze ; barometer corrected, 29.89 j thermometer in shade, 66; blue eky; good tides ; smooth sea.”

The great event for this week is Patrick’s sports, to bo held at the Park on Taursday. The special truiu titne cabie is given m our advertising columns. A splendid opportunity for the purchasing ot timber will be uttered on Friday, when Messrs Uaiguty and Co. will sell 110,UUO leet ui dressed and undressed timber. Tne sale will take place on the section adjoining Porter’s Hall, in CustomHouse street.

In reply to tho Secretary of the Acclimatisation Society, Mr Carroll states that as the time for opening the season for killing native game is lixed by Act for Ist of May there could not be aby alteration in tne date as desired.

Owing to the large number of entries tor St. Patrick's Sports, the fact that many have not sent m their performances, and the care required to rnuke fair adjustments, the bauihcuppers were unable to huvc their allotments ready for this morning.

After leaving Gisborne, Mr I-lursfc-house (our Tobago Bay. correspondent telephoned yesterday) intends going to Waikaremoana. The party went, up the Coast in a vehicle driven by Mr E. O’Reilly,

On a recent voyage from Rocks Point to Westport, the steamer Gertie found the sea swarming with sharks, some, of them of very large size.. A large thrasher was also seen An offer has been received by the New South Wales Government from an English company to construct the North Shore bridge, the company being prepared to accept payment in Government debentures.

It is anticipated that St Patrick’s social on Thursday night will be a great success. I’ho ladies’ committee are working hard to ensure the best results ; the night will he moonlight, and the social will afford an excellent opportunity for winding up the day’s holiday. The price of single tickets is 4s, and double tickets 7s 6d.

Yesterday S.W., W. and N.W. winds were prevalent throughout the colony. Bull weather was reported at New Plymouth, Wanganui, Weßtport aud Invercargill, fine elsewhere. There was a rough sea at New Plymouth, Farewell Spit, Gape Campbell and Bluff. The bars at Wanganui, Greymouth aud Hokitika were also reported rough; smooth to moderate elsewhere.

A protest has been forwarded to the Government by the Canterbury Acclimatisation Society against the landing of some English wood-pigeons which have arrived at Bunedin by one of the Home steamers. This action on the part of the society is taken on the ground that the wood-pfgeon has in England proved itself a pest to the farmers.

The Victorian Marine Board recently received an application from Captain Atwood, who is now residing in Wellington, for a certificate, to replace the one which was lost in the wreck of the EJingamile. The Board communicated with the New Zealand Marine Department on the subject, and tlie Department lias replied that it has no recommendation to make.

At the bowling green on Saturday th e following games were played :—VicePresident’s prize—Semi-final: Rees and Bright 19 v. Collinge and Matthewson 13. Handicap Singles : Martin 30 v. Sirnson 12, Sheet 23 v. Dixon 11. Another game played was: Ponsford, Harris, Jackson and Massey 18 v. Brown, Lewis, McGowan and Sidebottom 23. The following was the draw for the second round of the champion singles; Bright v. Dixon, Sidebottom v. Witty, Ponsford v. Hennessy or Hookey, Wallace v. Nasmith, Massey v, Bir3s,

Mr H. D. Robinson has declared the following handicaps for the Gisborne Row. iDg Club’s second handicap sculls, for the gold medal presented by the captain (Mr H. Symes), to be rowed about the 23rd inst.: —R. Robinson lOsee behind scratch, C. Buscke scr, H. W. Symes ssec, G. Holmes osec, L. Williams 10, C. B. DeLautour lu, C. Hamilton 20, J. Wauchop and G. Buscke 25. L Coleman, G. Carter, aud A. S. Evans 30, S. J- 'Enid: and Dr. Fisher 35, R. DeLautour, P. Bushneil, and E. Adair 40, B. Tanner, F. L. Shaw, B. Bright, J. H. Wells, and L. Shertiff 50.

The agreement between the Lyttelton Borough Council and the Lyttelton Gas Company, veatiug the local gasworks in the Council, has been approved by the Governor.

Another deposit of phosphates has been discovered in the Tokomairiro district, near the coal area at Fortification. A sample has been analysed, and bus been found to contain phosphate in a good per-

centage.

One of the choicest properties in the district, Tirimoana, is to be oti'eted for sale privately by Messrs Wyllie and Mason. The area is a quarter of an acre, with a fine fourteen roomed house thereon. The locality is a charming one, and the distance is about two minutes’ walk from the Post Office. The house is very suit able for a private residence or a boarding house.

A young man, sou of Mr It. Fraser, manager of Mount Mitcbeli Fast Station, New South Wales, went out to muster horses on Bald Blair run. As he did not return when expected, a search was made, when he was found lying on the ground in an unconscious condition, having been thrown from his horse. His iuturies were so severe that he died the next day.

The Times representative at Tolago Bay telephoned yesterday that Mr Hursthouse, Koad Hngiueer, had left that morning with Mr McMillan for Gisborne. Prior to leaving Toiugo Bay, they were interviewed by Mr Kilburn, Chairman of the Bridge Committee, and Mr Holcien, the Secretary.... Mr Hursthouse said that the middle site, leading from the post office, was the one lie preferred, lie would sec the plan and material"" to he put in. but tile question of ways and means would have to be considered. ...The Wellington correspondent of the Christchurch Truth says :—Goodness only knows what the Tutanekai’s trip to the Islands with the members is going to cost. The latest outlay is the expenditure of some hundreds of pounds in making an upper deck, for which there is no real necessity, for the convenience of passengers. It is not very long since the Premier stumbled over some of tlie vessel’' steering gear, and he at once gave orders for it to lie altered. The alteration was duly made, at a cost of some £SOO.

A number of New Plymouth tradespeople were victimised over the purchase of beeswax. Beeswax is rather a scarce commodity just now, and when a stranger presented a sample, which lie offered at a tempting price m hulk, he received numerous good orders. The stulT was duly delivered anu paid lor by several traders, but upon investigation it was discovered to be a composition made lip apparently of mutton fat, resin, turpentine, and a smali/proportion of wax. Having been sold according to sample the ■buyers apparently have no redress, and will have to make Hie best of their bargain.

At the inquest yesterday concerning the dentil of the brave young man, Ivar Hoi by, the Acting-Coroner, after referring in terms of high praise to Hie self-sacrificing conduct of tlie deceased, urged that parents should he warned against allowing their children to bathe indiscriminately on the beach, especially when there is a surf on. The foreman ol' the jury expressed the opinion of himself and the other jurymen that a rope should be placed on the beach in readiness for such emergencies, and for that purpose they placed their jury fees at the disposal of the authorities. The Acting-Coroner agreed that a life-buoy and rope should be on hand lor such cases. The foreman : A light line would probably have saved that man’s life. The Acting-Coroner said that small curie bags now used as buoys, could he obtained instead of the large round ones used on shipboard.