Resident Magistrate's Court.

Marlborough Express, Volume III, Issue 112, 11 April 1868, Page 5

Resident Magistrate's Court.

BLENHEIM— Monday, April 6, 1868. [Before S. L. Muller, Esq., R.M.] CAESTAIES V. PICTON. A claim of £18 10s. for coffin and funeral expenses. Mr. Moffitt appeared for the defence, and stated that £l2 10s. had been paid into. Court. J. Carstairs, undertaker, Blenheim, deposed that he had been engaged by the defendant to perform the services charged for. The charges were the usual ones. Had applied for the money, but had not been paid, He refused to take the sum paid into Court.

By Mr. Moffitt: Remembered defendant coming to me and tendering £l2, prior to bringing the action in Court. The charges are fair and reasonable ; have had to do with undertaking 15 years. Did not see wny lie should answer such questions as were put to him, as it was not customary for undertakers to go into every item. He could not tell how many yards of cashmere it took for the shroud. That for the trap was a lump sum, as was the other. Had paid Earll £2 12s. for horse hire, which was a portion of the sum charged; had a horse besides from another party, at a cost of 6s ; for this he charged £3 10s. Having to make fresh arrangements with the Minister, he charged that sum to cover the loss of time. £1 for use of pall was a fair charge. Could make a coffin from £2 5s. to £2O. The wood was white pine ; was not prepared to go into details. The usual charge for an ordinary coffin covered with black for the Government was £2 5s. ; without black cloth, the coffin was worth £2 5s. Could not tell what the same would be tested watertight; we never take them in to do that way; never measured how much black cloth it would take. It cost 9s. 6d. per yard. Could not form an idea from the size of the coffin, nor could I tell how much cashmere it would take at 5s. per yard. The furniture consisted of handles, plate, &c., and cost 305.; the name in gold letters cost 6s. The charge of £1 for conducting the funeral was the usual one. There was nothing unusual about the coffin; it was a usual ten-guinea one.

By Bench : Could not swear that defendant ordered coffin to he lined with cashmere. The order was that so far as the coffin went, he would let me use my own judgment, but it must be watertight. I said I could make him one from £2 ss. to £2O. He said he wanted a thorough respectable turn-out, as his wife had money coming out from England. Did not say what I should charge. Mr. Moffitt said defendant would not have contested the present action had he not been informed that the charges were not fair and reasonable, but exorbitant in the extreme. He then called

Caleb Davis, a builder and undertaker at Blenheim, who deposed that he had heard the description of the coffin given by plaintiff, the full value of such a one would be £9 or £lO, including everything—digging grave, &c., would charge £6 for coffin only; the shroud should be included with coffin. He never charged anything for the use of pall. The charge of 2Us. is extreme. The £6 would include use of pall. The charge for horse-hire depends on the number used; the charge of £ 1 for conducting funeral should also be included with coffin. Such was his custom, and he would have done all plaintiff had said for £9 to £lO, and considered himself well paid.

By plaintiff: I have been an undertaker ever since I came to Blenheim. The prices named were my own. Did not know what were trade prices, but would have been satisfied. Saw coffin, but not shroud ; did not see inside, but considered it in the best style; would have used best flannel himself, at 2s, 6d. or 3s. per yard. The material I use in case of dropsy is pitch, which always makes it secure. Do not know “ Horrock’s Patent Composition;” used various material for padding coffins, some-r times hay. It took about six yards to line coffin and make shroud ; used flax pillow, and sometimes hay—horse hay; never used “ Horrock’s Composition.” James Gorrie, builder arid undertaker, Blenheim, deposed he had heard plaintiff’s evidence as to the kind of funeral, and had formed as high an estimate as possible of its value, £l2. Never charged for use of pall, considering it a portion of the appliances requii ed; always charged all in one sum ; would have charged £6 for coffin as described in bill. The shroud would take two yards cloth, which would be included in coffin ; £1 for digging grave would be 15s. to 205.; the charge for horse-hire was perhaps correct. The charge for conducting the funeral was fair also; should consider myself well paid with £l2, and could not charge more with any degree of reason. By plaintiff - Have been in the trade 15 to 20 years. Did not see the inside of coffin ; used white flannel for best coffins ; never used anything better. Used pitch and “ Gorrie’s Composition” to make them watertight. Pitch might leak, but “Gorrie’s Composition ” was never known to fail. Had two palls—mne linen and the other -. Gorrie arid Son at Nelson had a velvet one. The value of a velvet one would'be about .£3 ; should not charge for ’the use of one, • The highest charge I ever made was £22, and the lowest £2. The coffin in the former case was a Very different thing to the one in question ; it was lined with flannel. In answer to the Bench, witness explained the chief difference toj depend upon the distance of the place : of burial, i A \

By plaintiff: The fittihgs inside Were a matter of taste ; sometimes made with paper ; once lined one with blue. Did you ever line one with blue ?

Plaintiff: I once lined one with green. ~ Witness: Would charge the price he had named, if lined with cashmere, and stuffed with flax. Flannel and cashmere were about the same price; Mr. Moffitt offered to call defendant, if the Bench considered it necessary.

William Picton, the defendant, deposed he was a settler living in the Lower WairaU. Remembered giving an order to -plaintiff for 1 a coffin. He said he wanted one thoroughly waterproof, and if plaintiff could not make one so, he would go to Norgrove’s and get a leaden one. Told him he did not want to go to unnecessary expense.' Did not say anything about the price, but wanted it done ill a respectable but plain way; By plaintiff: After the funeral expressed satisfaction at tile way in which it had been conducted, but before I got the bill. Do.not remember you saying you could make a coffin from £2 ss. to £2O. Objected to answer as to whether he had said anything about taking the body to Nelson; only he wished it to be made watertight. The Bench said it appeared by the Witnesses who were highly respectable men, having had many years experience in the neighbourhood that the charges were exorbitant. He had also had considerable considerable experience himself, and should give judgment for the amount paid into Court. In reply to Mr. Moffitt, the Magistrate said the judgment would be for £l2, and plaintiff would have to pay all costs; the defendant would be allowed £2 ss. costs. I. WAED Vi GIBSON. An action to recover the possession of ft colt, or £25. Thomas Ward deposed that he was ft stockowner living in Wairau. The defen* dant, Gibson, purchased a brown colt some* time ago from Mr. Blick, which -was mine, and now he refused to give it np. It occurred nine or twelve months ago. Was at the sale, and told him it was mine at the time. Consulted Mr. Moffitt about it. He told me to take Empson—who had sold it—to Blick with me. Mr. Empson said he could not then identify.it as Rothwell was away. Blick branded it. He went with me afterwards, and saw. in the yard. Mr. Empson would not give up the colt, because he wished RothwelTtb see it first, and hear what he had to say about it. He said if Rothwell says it was my colt, he would pay me. He could not identify the colt. The same animal was sold before by Mr. Godfrey, who gave it up. Empson-did not know whether it was his or not, as his partner was in Wellington. Did n6t know whether Rothwell ever saw it or not, but defendant had possession of it. When Mr. Eyes came back, he said they would make everything right that was wrong. The colt was sold at Dodson’s mart. James Robinson tried to stop the sale. • Dodson said he knew nothing about it, but it had been brought to the sale by Blick. Had seen defendant since, and demanded the colt, but defendant refused to give it up. £35 wag his correct value, as he had been offered £3O for his brother. He fetched about £5 at the sale. Defendant said he neter bought a brown colt. ' . , f nvfOiVPlaintiff said it was between a brown and a bay, a gelding, and had an extra* ordinary Roman nose. •,o i Defendant said he bought a bay colt with black points, an entire, at a sale of Timm’s Brothers. ‘ Plaintiff never saw the horse, in defer** dant’s possession ; it was an entire colt and branded B. Did not see it delivered to defendant, nor in his possession at all. Did not see it knocked down, but was there afterwards. : - :vn r .Vd* Mr. Gibson said he bought the horsehe had alluded to at a publicly advertised sale, on March 30th, 1867. He then told the auctioneer if there was any dispute.-about ; the horse, he would not have it. Ward and Empson were there. The conditioner on which he paid the account .was that he was not to be brought in question hereafter * but he was to pay the money, and they Were to clear up the ownership among them. Plaintiff said he had three witnesses to prove the colt sold at the sale was his. The Bench enquired if Mr. Dodson and Mr.- Empson were to be called as wit ll © 9B66 / as their evidence was material.; Plaintiff had not intended to call then*. The witnesses in Court had; not . seen the colt since two years ago. Defendant said both Ward, Empson, and Blick agreed with the auctioneer that her should bo, held clear, but whoever belonged, to the horse should take the money up. The Bench then adjourned the case till next .week, for the production of ftfrtfeslfj V j