STRATFORD NEWS.

Taranaki Daily News, Volume LVII, Issue 26, 20 June 1914, Page 3

STRATFORD NEWS.

COMMERCIAL,

MAGISTRATE'S COURT.

NOXIOUS WEEDS CASE. QUESTION OF LIABILITY. INFORMATION DISMISSED. At the Magistrate's Court yesterday Mr kennek, S.M., delivered lis resort |ed judgment in the case (which had been twice before the Court of an information by the Noxious Weeds Inspector against C. Leatham for failure * here he resided. Mr. Stanford appeared for the Department and Mr. H E Lawrence for defendant. ' ' It will be remembered that on the g « f llc rasc Mr - Lawrence submitted hat the information must bo dismissed on the grounds (a) that defendant was merely a servant of the owner; (b) that he was not the "occupier witlim the meaning of the Act; (?) that he had not exclusive possession of the land; and (d) that he had no interest whatever in the land as tenant or otherwise. Mr. Stanford argued that defendant was the "occupier" and he relied on the case of Palmer v king as being identical in principle. 'in the course of a very comprehensive summary of the case and the authorities quoted, his Worship referred to the agreement between defendant and '■ the owner as defining defendant 8 position as a milker on shares. - Under that agreement it was evident that the owner did not intend to divest himself of possession of the land Defendant was merely a servant having the use of the cottage, hut without right of occupation witlim the meaning of the Act. The covenant in the agreement that defendant should cut the weeds was only between him and the owner { who had power to dismiss defendant at a weeks notice and re-enter the premises. The agreement in the Palmer y. King case was held to be a lease, but in the present case defendant's occupation of the land was restricted to that of a mere license, while in Palmer and King the occupation continued until a ■breach of the agreement occurred The parting with possession of the land by the owner would have made the milker •table a3 occupier under the Act His Worship added, by way of remark, that ■he considered the agreement in question was a very special one, so that it was not likely the suggestion in the case would affect many milking agreements, each of which in a prosecution under the Noxious Weeds Act would have to be construed according to the terms therein. The information must be dismissed, but no costs would fee allowed.

Mr. Stanford asked for the right to appeal if desired by the Department. In complying with the request, his Worship fixed £lO as the amouait <of deposit for security of costs.

A COW THAT VANISHED.

CLAIM NOT SUSTAINED.

W. Hannah ('Mr. Lawrev) sued Michael .McDonald (Mr. Stanford) for £3 10s, the value of a grade .'Jersey heifer alleged to have been sold and delivered to defendant.

From the statement of -counsel it appeared that plaintiff and defendant liad a deal m cows, plaintiff agreeing to sell defendant a grade Jersey 'heifer for £3 10s and to buy from Attendant a Holstein eow for £5 10s .- on the undcrstanding that if the latter did not prove to lie a satisfaetorv milker she was to be returned. The'Holstoin cow was duly delivered to plaintiff, together with a day-old calf, but it was alleged that she turned out unsatisfactory, and defendant arranged for the eow and calf to be sent to the saleyards. Plaintiff alleged that lie sent the Jersev, the Holstein and a ealf to the aaleyards, where they were booked to defendant. Defendant gave evidence that the Jerley had never teen received by him, and 'that if sent to the aaleyards it must liav« got away, also :fchat he had no notice given to him of the cow being at the yards on the day m- question. After hearing the evidence on both sides, which conflicted'in several material points, his Worship gave judgment for defendant withrcosts £2 as.

REFORM XEAGUE. Despite the rough weather on Thursday night, there was •& good -attendance at the annual meeting of'the Stratford branch of the Reform League. Officers were elected as follows:—President, Mr. W. 11. H. Yonng-; Viec-presidcntß, Messrs T. C. Fookes and 0. Sangster; "lion, secretary and treasurer, "Mr. H. *E. Lawrence; and a general committee of thirty. Mr. J. 1?. Htne delivered-a short address. The Stratford branch has a membership of 250.

GENERAL PARAGRAPHS. M. very pleasant evening was spent, at the Egmont Club on Thursday, whin; a billiard tournament was played between six unembers of the club and six members of the Stratford Clrib, the visitors only fsucceeding in scorijvgVnc win. After the tournament the visitors were cnter&ined, and Mr. R. Masters (president) -made a few approprkte remarks, hoping ithat there would b* in the future many games between the two clubs.

Throe Territorials, Thomas, Simpson, Wm. Edward Porter and Robert E. Parkes were yesterday lined £5 each by the 'Magistrate for failing to attend tamp, the alternative .being S8 days' military detention. Subsequently Mr. Stanford appeared for Simpson, who had arrived in Court too late to be hturd in defence, and' explained that his client had been in the volunteers, and was .only .absent from camp owing to having to reside on his section. His Worship, after hearing the circumstances, reduced the fiw to £3.

Owing to the inclement weather ow Thursday night, the meeting of tlflf Beautifying Society was postponed till Tuesday evening.

Your photograph will please them all —some of your friends have 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 tt-day with Mr McAllister, Stratford

LONDON MARKETS.

AUSTRALIAN MARKETS.

FROM OUR RESIDENT REPORTER. Office and Job Printing "Works: York Chambers (upstairs) Telephone No. 113.

By Cable —Press Association —Copyright London, June IS.

Silver, 25 7-8 d per ounce. Shane quotations—Junction 253 ,3d and 20s 3d, Talisman 33s Od and 3b's (id.

Melbourne, June 19. Wheat, 3a 10% d fo 3s lid. Flour, £9. Bran, £5 10s. Pollard, £5 15*. Barley.—English 3s to 3s 3d, Cape 2s 2d to 2s 4i/,d. .Oats, 2r» 2d to 2s 3d. Maize, 3s 6u to 3s 7d. Potatoes, £3 10s to £4 10s. Onions, £fi 10s to £0 15s>.

MATTHEW. GAMLIN AND CO'S. REPORT.

Matthews, Gamliii and Co. report a fair yarding of stock in their liiglewbod yards on Wednesday last, price's for weaners showed an improvement on last sales, and business was done with most of the stock yarded at the following prices:—Springing and calved Sieifevs, £5T3s to £7 10s: cows (spring calvers), £4 to £5 ss; forward do., £4 fo to £5 10s; store do., £3 3s to £3 17s; forward empty heifers, £5; 20-months empty heifers, £3 3a to £3 9s; weancr heifers, 34s to £2; steers, £2 to £2 7s; poor and bad colors-, 25s to 3Gs 6d; f.ni. ewes, £l.

NEW ZEALAND LOAN AND MERCANTILE AGENCY CO., LTD.

The New Zealand Loan and 'Mercantile Agency Co., Ltd., Stratford branch, report as follows: On Tuesday, ICth June, we held our usual fortnightly sale in our Stratford yards when we had a small yarding of 283 head of cattle and 20 sheep, most of which were sold at the hammer or afterwards at satisfactory prices, Wcaner heifers, made from 2,7s fid to 43?.; mixed weaners small and weedy, 17s Gd 25s to 24s for fair lines; 18 months empty heifers, 59s fid to (i4s; in calf heifers made up to 120s; cows in low condition and small, 31s to S2s, 74s to 70s, medium,' 84s to 91s, 94s to 107s.

Since we last reported there has been a good demand for all classes of stock. Privately: Mixed weaners, 29s 3d to 31s to 3as; weaner steers, 32s (id to 34s to 40s; weaner heifers small, 20s to 32s fid; in calf heifers, 102s fid; lambs, lis fid to 14s 9d; wethers, 15s for small, 17s ■fid for medium to 23s Gd for forward. All kinds of sheep are inclined to be easier.

JOHXSONVILLE. Abraham and Williams, Ltd., Ivport on their Jolmsonville sale as follows: A heavy yearding of extra prime cattle came forward, also a good one oF sheep. The demand was good and prices ruled on a par with last sale. Extra prime heavy bullocks £'l3 to £l3 12s fid, prime bullocks £ll 17s fid to £l2 12s (id, lighter £ll to f 11, 10s. lighter £lO to £lO 10s; prime ewes 22s (id to 23s M, good ewes 21s to 21s fid, light, 20s 2d, prime wethers 24s Cd to 255. prime lambs 17s ad to 18s 6d, lighter las (id.

ADBIXGTON, Fat Cattle.—Ordinary steel's, £8 to £l2; extra good steers, to £l7 Mis; ordinary heifers £G to £fl; extra heifers, to £ll 15s; cows, £5 las to £8; extra cows, to £ll 12s 6d; price of beef, -27s to 30s fid per. 100 ft. Yealers From 8s to £2 12s Cd, according, to quality, extra realising £4

Store Sheep—"Best lambs, l'4s 'to 14s 6d; good lambs, T3s to 13s 9d-; medium lambs, 12s 3d to 12s 9d; very medium lambs, lis to lis 6d; small c\i]l lambs, Bs 8d; good ewe lambs, 10s 'Od to 17s 7d; other ewe lambs, 14s to 15s; inferior ewe lambs, lis Id; forward four and six-tooth wethers, 17s Cd to 20s 2d; small and medium four and six-tooth wethers, Ids to 17s-; two and four-tooth wethers (good) 17b to 18s 9d; two-tooth wethers, l'os to 17s 2d; four-tooth wethers, 18s to 18s 3d-; ewes, mixed ages, 15s to 17s; other ewes, 13s fid to 14s lid. Pigs.—Choppers, 70s to 140s; 'heavy baeoners, 65s to 70s; lighter 'bieoners, 55s to : B0s; price per lb., 5(1 .'te sVid; heavy porkers, 44s to 50s; lighter porkers, 38s to 425; prlw per lb., '661