FENCING DISPUTE.

Gisborne Times, Volume IX, Issue 903, 29 May 1903, Page 3

FENCING DISPUTE.

MacSAVENY V. RITCHIE

At tho Magistrate’s Court yesterday, before Mr W. A. Barton, S.M., Isiah MacBavcny sought to recover from Alexander Thomson Ititchio the sum of XLj6 Bs, half coal of a boundary fence. Mr Chrisp appeared for plaintiff, and Mr Jones for the defence. Mr Jones stated that no objection was made to the fence, hut defendant asked that a reasonable cost should bo arrived

at. Isiah MacSaveny, plaintiff, stated he claimed Xl3O Bs, half cost of erecting a boundary fence between his property and defendant’s. The length of the fencing lino was 204 chains 31 feet, of which he had erected over 110 chains. He had felled a space of from 62 to 40 feet along one side of the line, and a chain on the other. By Mr Jones : He had not paid X'l6o a mile for fencing himself. He had paid 3;js a chain for rough country, and this was not so rougii as Die line for which he was claiming. He had paid ruen Is an hour and food, as he found it a job to get

them at any price. Except Ritchie's part tlie lino was felled for about two chains wide. It was tlie usual width, and was, if anything, rather narrow. Herbert Burgess, of liakauroa, stated a fair charge for tlie fencing done by plaintiff would be 3is Od a chain, provided that tin; posts had to be packed on horseback. This would not include felling, for which an additional 6s should be charged, making in all about 37s Od a chain. The line was exceptionally rough. Ho had arbitrated between plaintiff and another settler in the case of another fenco, for which he had allowed 27s Od a chain, and this fence

was worth ten .millings more. Jame 3 White, settler, stated tlie bush was the hoaviest he had seen in the Motu district. The fence in question was fully worth 37s 6d a chain. Hans Svensen stated tho line was one of the roughest he had seen. Ho had been working on tho fence for six weeks, and the work done by tho men was honosfc. Daniel O’Bryan, settlor, stated his own fenco had cost him 32s 9d a chain, and he considered MacSavouy’s lino would cost about tho same.

Mr Jones, in opening for the defence, stated defendant was not satisfied that the mon who erected tho fence did all the work that they should have dono under the circumstances. 110 did not 6iiy they acted dishonestly, but men took moro care when on day labor and spun out an hour when thero was no need for it. In tho evidence ho would call tho cost of tho fence should not have been more than 23s Od to 255.

Arthur Hutchinson, sheepfarmer, Waikohu, stated ho had boon 15 years in the district. He had seen noarly all tho fence in question. Tho bush was fallen on one sido altogether, aud about a chain on dofendant’s. The highest prico that would bo allowed would bo about 28s. The underscrubbiug would bo worth about Is a chain.

By Mr Chrisp : Ho allowed one chain of clearing each side for the fenco. Price varied with the class of country. Ho had seen rougher country, but knew of none that would cost moro than 30s. Contract work was cheaper than duy labor. William McLean, sheepfarmor, Waihuka, thought a fair and reasonable cost for the fence in quostion would be 27s per chain, assuming it had been felled a chain on each side. The uuderscrubbing bo estimated would bo worth 9s per acre, which would make tho net cost 26s per chain. Abbotsford Smith, farmer, at Motu, had had experience as a fencing contractor, and estimated the fair price of tho fencing in question, including the clearing of two chains od oach side, at 28s per chain. Had tho undericrubbing been done, ho considered it was worth 7s an aero for underscrubbing. Samuel Baker, settler, at Motu, had worked on the fenco in question in felling tho bush, and considered 26s an acre a fair price for felling the bush on the line.

The defendant thought tho chainago about 100, but did not dispute plaintiff’s measurement. About half a chain of bush had been felled on witness's side of the fence, which was tho average for tho whole of the line. Witnoss considered 22s was a fair prico to pay for the fence, and was willing to pay that amount. Judgment was reserved.