A DEAL IN FLAX.

Pukekohe & Waiuku Times, Volume 3, Issue 172, 20 February 1914, Page 3

A DEAL IN FLAX.

Pokeno Settlers' Dispute.

Hill versus Dean.

As reported in Tuesday's issue a suit for damages was began in the Mercer Magistrate's Court on Monday, before Mr F. V. Fraser, S.M. The plaintiff, John Hill, farmer, of Pokeno, sued John Dean, flaxmiller, also of Pokeno, for £165 Os Bd. The full claim was for £228 10s, but this was reduced to bring the action within the jurisdiction of this Court.

The claim was for royalty on 550 tons of flax which phiintiff alleged that defendant should have cut under his agreement and for damages for the year's loss of growth through the flax not having been cut last season.

The parties to the case, with the S.M., inspected the swamp at Pokeno on Monday morning. The whole argument hinged about the question as to whether the flax was "properly and fully matured" for it was at this stage of growth that Dean had agreed to cut. Plaintiff's case alleged that defendant did not cut the flax when ready and witnesses said there were 600 or 800 tons of millable flax now ready. All the witnesses for the defence agreed that there was practically no millable flax there even now, although if the flax were " chased " and odd leaves taken 10 to 20 tons might bo got. One witness Avent so far as to say that if every leaf over four foot in height were taken a total of 60 tons might be got. The sitting lasted until 9.30 o'clock on Monday night and all day Tuesday until 5 p.m. The case was then adjourned to Auckland. PLAINTIFF'S EVIDENCE.

John Hill, plaintiff, who testified to the particulars of the suit, said he had been on his farm for 19 years. Thera was no flax at first, worth speaking of, but us soon aa he began cutting the drains the flax began to come. Dean cut over 50 tons of flax before the agreermnt was signed; since then he had only cut 10 tons. No account of the flax cut bad teen received from January, 1912, until December, 1912. When flax was cut the plants improved; if left as his was the outside leaves fell down and died. On three occasions when Dean had flax cut it was left so long that it was discoloured and lost weight. Defendant had never suggested that the flax was not millable. The biegest and tallest flax lay beyond (he portion visited by the Magistrate that morning and comprised some 80 acres. Cross-examined, plaintiff said that before defendant began to cut Vinson bad cut some flax, but there had never been much taken. In May, 1913, there were some 300 or 400 tons of flax on the property. The drains w£re all ckared out last year with the exception of one running by his ram. Had not cut any blackberries in tbe swamp, but had burnt some. Would not swear how much flax there was on the property to-day; nq was not an expert and would leave that to others. The area of his farm was 551 acres of which 440 acres was flax swamp. James Robertson, farmer, of Pokeno, deposed that he was a flaxcutter for 18 years. In 1900 a greater portion of Hill's swamp was cut. Had cut 10 or 20 tons for Vinson from the property which now belonged to Hill. In September last he went through the flax carefully and estimated that there were 600 tons of mature flax fit for milling. That was a conservative estimate; really he thought there was 800 tons there. He reckoned he could get 600 tons of flax of as good quality and length—from 4 feet in length and upwards—as he had cut for Vinson. He regarded 4 feet flax as millable; it took the leaves three years on the average to become millable. After that period the outside leaves died. He should say that the greater pjrtion of the flax on Hill's property had been matured from two to three years. If not cut when mature, flax gave no increase in weight, as although tbe inside leaves grew up the outside leaves dried off. If flax were cut there would be a new crop in three years, Eometimes earlier. Witnesj had some friction with Dean after cutting flax because it was left lying too long; that would mean a lessening of weight and a consequent loss to the cutter and the grower s royalty (who were paid by weight). There were frequent disagreements about this loss of time in carting the flax away. He had cut for Dean from Hill's, swamp some 37 tons of green flax. Lengthy cross-examination ensued. Maturity did not depend upun the length but upon the sgc of flax. T. G. Evison, carrier, deposed that defendant had arranged with him to cart 500 tons of flax from Hill's place. The contract was not completed.

Patrick Cronin said he had cut about 20 tons ct flax on Hill's swamp, perhaps ten years ago. Was two half days on the swamp since Christmas. He estimated the fully-maturec: flax, ready tor milling, at 500 tons. He reckoned that flax was fully matured which, when milled, would be graded as fair. Had cut quite short flax for Vinson; he reckoned that this 500 tons was equal in length to that which he had cut for Vinson. He knew of flax 9 to 12 feet in icngth which had been condemned because of bad preparation; the 500 tuns on Hill's pioperty, milled according to his standard, would be graded as high point fair, or fine. If Hill's flax were cut now there would be an equal crop in three years' time. He estimated that theic was 500 tons of flax last year; if it had been cut then there would be a year's growth now, so that one-third of the growth had been lost. Had sent similar flax to Vinson's tor milling purposes. If millers bought flax in a block they would take all the cutters would cut. If his contract was to cut all flax "as soon as the aame was fully and properly

matured" he would have to take Hill's flax. One might get flax five feet high a year old which would

be all vegetation with no fibre. Flax was imrroved if left for five or six years. Had cut flax for defendant from half-a-dozen different

swamps; could not say that defendant had accepted flax of the same quality as that of Hill's. Keckoned that on Hill's property there would be 200 or :JOO tons of flax six feet and ever in length. (Continued on Ptige 4.)