RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1957, 17 October 1889, Page 3

RESIDENT MAGISTRATE'S COURT.

Geraldine— Wednesday, Oct. 16, 1889.

[Before K. H. Poarpoint, Esq., and Dr Fish, J.P.'s.j CIYIL CASE.

L. F. Brown v. T. Somerville—Claim £2 3a, half coat of dividing fence. Mr F. Wilson Smith appeared for plaintiff. Plaintiff, sworn, said in 1884 he was the occupier of land adjoining defendant's, and gave the latter notice to erect the boundary fence. An agreement was arrived at between them. Defendant was to find half the Btakeis, and plaintiff found the wire, posts, and staples, and paid for the putting of it up. Defendant agreed ta this, and promised to pay half the coßt. When aßked for the money defendant said he conld not pay it till he got his money for firewood in, bnt finally rofussd to pay, disclaiming any liability. Plaintiff afterwards went awny, and left bis brother to collect the amount due. To defendant: You made no objection

to the notice when I gave it to you. Ji. F. Brown, brother of plaintiff, sworn, said he had called on defendant for the money, and he said he could not dbv it till he got his money in for his firewood. Called again, and defendant objected to pay, saying there were not the numbar of wires in the fence that were specified. Witness asked him how many more were wanted, and he said one. Witness pnt the other wire 00. Defendant never made any objection to the ■» erection of the fence, or denied his liability. To defendant: You never made any objection to the fence, nor said you were net the owner of,the land. Defendant, Thomas Somervilje, sworn, *- stated that when he got the notice re the fence he toll plaintiff to go to Mr A. K. Macdonald's trustees, or to Mr Murray, as the land belonged to them, and he was only working the bush on a royalty. Never promised to pay half the cost. As regards the stakes, he (defendant) wae to get half the posts from the old fence for firewood in exchange for.the stakes, but never got them. To Mr Wilson. Smith: I was in occupation of tb« land, and had my horses there. The place wbb not fenced upon the pre- -■: aent boundary, bnt upon the old. The fence is right now. Have lived there i,;'ever since the fence was erected. Told * Brown to go to Macdonald's manager about the fence, as he (defendant) had nothing to do with it... Had bought the land now. To the Bench : Never promised Brown I would pay half the cost. When he came bothering me about the fence I told

him that even if 1 had to pay for it it was

not put op right, as it needed another wire. If plaintiff had sheep on his land they would injure me. John Murray, mflnager for the trustees of the late A. K. Macdonald, Baid defen-

> dant was working the bueh on a royally in 1884, and had horses upon the land. —On one oooasion defendant brought bim over to look at the fence, which defendant gaid was not on the proper line. Witness ' told him he knew nothing about it, and was not going to trouble his bead about d it, as it had nothing to do with him, Q Mr Wilson Smith pointed out to the "Bench that the occupier was the person liable under the Fencing Act, and the .occupation was admitted. i Judgment was given for the amount, I claimed, with Court costs.