S.M. Court.

Manawatu Herald, Volume XXVIII, Issue 3710, 11 September 1906, Page 2

S.M. Court.

(Before A. D. Thomson, S.M.)

MONDAY

Shadbolt and Howan (Mr Reade) v. R. Darby, claim £g 9s. Judgment by default, costs £1 3s 6d ; M. Perreau (Mr Moore) v. J. Sutton, claim £2 10s, adjourned to October Bth; Dye Moon & Col (Mr Moore) v. George Reay, claim £1 19s Bd, adjourned to October Bth ; R. T, Betty (Mr Moore) v, Otene claim £1 5s 3d ; judgment by default and costs ros 6d; Shadbolt and Howan (Mr Moore) v. F. D. and J. Webb, £l3 os sd, judgment by default against F. D. Webb, costs £1 12s 6d ; E, Ball (Mr Moore) v. C. Mudford, claim £1 5s qd, judgment for amount claimed, costs 5s ; G. Brewer (Mr Moore) v. S., D. Fevian (Mr Reade) claim £2 4s, judgment for plaintiff, and costs £1 19s; Smale & Hay v. Ernest Dunn, claim £4 5s 3d, ordered to pay forthwith, in default seven days, EXCESSIVE DRIVING FEES. John Burr (Mr Reade) sought to recover 7s excessive driving fee from Edward Capel (Mr Moore) county ranger. Defendant impounded 5 horses and 8 head of cattle on 30th of last month at Foxton, the property of plaintiff. Included among the number was ahorse that belonged to Mr Howan, but which was being grazed and used by plaintiff. While the animals were being driven into pound defendant was informed that one of the horses belonged to Howan, and he charged an extra 7s for this horse. Plaintiff paid the poundage fees under protest and subsequently gave written, notice that he intended to appeal against the extra charge of 7s for Howan’s horse because it was in plaintiff’s charge. The driving fees were paid over to the ranger before the written notice was served. Plaintiff’s counsel contended that no special charge should have been made by the ranger for Howan’s horse. After hearing evidence ond cross examination, His Worship said the written protest should have been handed in when the money was paid. There was no doubt that the 7s should not have been charged. He would dismiss the case without costs.