OCCUPIER OR SERVANT?

Taranaki Daily News, Volume LVII, Issue 21, 15 June 1914, Page 3

OCCUPIER OR SERVANT?

A NOXIOUS WEED CASE. At the Magistrate's Court on Fridays the hearing of the information laid by the luspcctor of Noxious Weeds against (J. Leathern was continued. Mr Lawrence appeared for the defendant, Mr Stanford for the Department. - It will be remembered that at the last sitting of the court, Mr Lawrence took a preliminiay objection to the information on the ground that defendant, who was milking on shares under an agreement, was a servant and not an occupier within the terms of the Act. The ease was then adjourned to enahle the Department to be represented by Council if desired. Mr Stanford, for the Department, argued that the information was rightly laid against Leathern, who was the physical occupier of the land. He quoted the ease of Palmer v. King, which was a similar case of milking on shares in which it was held that the milker -was to all intents and purposes a lessee. His Worship pointed out that a great deal depended on the terms of the agreement. Mr Stanford contended that defendant was a tenant and occupier, and not a servant, and that he was the occupier within the meaning •of the Noxious Weeds' Act, and therefore liable under that Act. He also referred to the definition of occupier given in Stroud's Judicial dictionary, which said that an occupier must be personally resident by himself or his family, and that was defendant's position. If defendant was not the occupier, then the land must <be deemed to have been unoccupied although he was residing on it. He submitted that if His Worship found the conditions in this case were the same as those in Palmer and King he must find against the defendant. The Magistrate raised the question as to whether there were weeds on the lands. That should be settled before he considered the law points. F. Wilson, Inspector of Noxious Weeds, gave evidence that he visited the section on December 22nd, and found blackberry, ragwort and ox-eye daisies on part of tlve section. He inspected the land again on February 10th, when he found the weeds had been partially cleared. Sent defendant a notice on February IS. On April 18, he walked over the whole 400 acres and found nothing had been done to the blackberry, and that the ragwort was in 'flower. On May 28 and June 4 again went over the portions of the property. He met defendant in town who said' lie hoped that witness would not be too hard on him.

To Mr Lawrence: Section 2 must huve I been cleared for some years. There was i very little difference in the state of cultivation of Sections 1 and 2. 'Ho was not satisfied with Section 1.

The defendant, in evidence, stated hehad cleared the blackberry on Section ton January V. He did not know until recently that Section 2, which was used by his employer for dry stock, was part of the land.

To Mr Stanford: He signed the agreement after his employer read it over, but did not know that it included Section 2. He got notice from the Inspector, but could not get the agreement, thoiurh he asluxl for it scores of times.

In mitigation of the fine, Mr Lawrence urged that the land in the information bad not been identified with the land in the notice, defendant being in ignorance that be was in occupation of section 2. > .- His Worship pointed out that the "department had been very lenient. The question to be considered was as to defendant's position, and that he would I have to consider.—Decision was deferred.

GENERAL PARAGRAPHS. Afmal reminder is given of the meeting of county ratepayers at the Ngaere Hall to-day at -2 p.m. relative to the proposed toll-gate on the Main South road.

At the monthly meeting of the Domain Board, a vote of thanks was accorded to the. Band for a donation of a guinea, part of the proceeds of a recent band concert in King 'Edward Park.

Satisfactory arrangements have been made to enable the schoolboys to play football in Victoria Park.

Your photograph will please them all of your friends tac been expecting one for a long time—don't be satisfied with one taken years ago. Send them a fresh portrait, just as you are to-day, in your everyday attire. Having your portrait taken is as pleasant as an informal call on good friends. Make an appointment U-day with Mr McAllister, Stratforf.