Thursday April 13. (Before Major Keddell, S.M.)

Waimate Daily Advertiser, Issue 47, 15 April 1899, Page 2

Thursday April 13. (Before Major Keddell, S.M.)

ALLOWING CATTLE TO WANDER. Mrs Janet Smith was fined 10s and costs 7s for allowing five head of cattle to lender. * Mrs Eobinson (Kedcliff) 20s and costs 7s pr 12 head. Mrs O'Shea 14s and costs 7s for seven head. Mrs M'Carthy 10s 6d and costs 7s. Solicitors' fee 10s 6d, and langers' fee ss, •were allowed in each case. An information against Mrs Young (Hook) was dismissed.

CIVIL CASES, Manchester Bros v. J. Dooley jr. No appearance of defendant, judgmentfor amount •with costs ss. E. L. Saunders v. H. G. Wake, claim £5 for cutting down a tree valued £5. Mr Cholmondeley for plaintiff and Mr Hamilton for defendant. E. L. Saunders, sworn, said he owned a house in Manse street, Waimate, which defendant had rented for about two years. When he entered into it there were two spruce firs at the front of the house. They were about 20ft high and about 20 years old. He noticed the tree was gone on Feb. 11th. Defendant was then a tenant. Came back on the 14th, saw Mr Wake, and asked his reason for cutting it down, but he said there was no use making a fuss about it then. Mr Wake had received no permission to cut it down. Considered the tree worth £5. To" Mr Hamilton :Mr Wake gave him no reason for cutting down the tree. Witness' •wife generally collected the rent. There were only two more trees on the property besides a few shrubs. These were of little value. Other trees, such a* fruit trees, could be replaced, but this would take a lifetime to replace. The tree was 26ft from the house, and 3ft. from the hedge. Did not think the tree would cast a shadow into the dining room. The present tenant gave the same rent, 8s per week, but it was too low, and witness could have let it &l 10s if he liked to ask it. Joseph Maberly, junr., sworn, knew the property referred to. "Remembered the two spruce firs referred to. Thought £5 a fair

v^ue for the depieciation in the appearance of the picpeity. Did not think the tiee would east a shadow in the dining 100 m. » To Mr Hamilton : Mr Saunders was a brothei-in-law of witness. Mr Hamilton said defendant admitted .cutting down the tiee, which was casting a shadow aceross the dining room. He cut $t down without any intention of damaging the propei ty. The fact of the piopeity being let at the same lent bhowed that the place had not depieciated in value. Witness had admitted he could get more. Plantitf's wife collected the lent monthly, and she made no complaint about the appearance of the place. Win. Wild, gaidener, knew the piopeity refened to. Knew the tiee and valued it at about 10s. Thought it would thiow a shade on the dining room. The tiee would take about 14 or 15 yeais to giow. Did not think the pioperty depieciate'l. Didn't see the tiee standing. To Mi Cholmondelay : The \alue of 10s was foi the wood. Thought if all the trees weie out it would impiove the property. Judgment leseived. J. Boyee v. H. L. Meyer, claim £1, pait payment for a hoi so. Mi Hamilton for defendant, who pleaded not indebted. John Boyce, sworn, said defendant came and asked to buy a hoise. Pi iced it at £6 cash, but accepted £3 cash and an 1.0.XJ. for the lemaindor. Afteiwards saw defendant in the stieet and he said he would squ.ue off the account. Witness went into Fox's office a ud signed a receipt for the money. Defendant put the receipt in his pocket and then thiew down £2 and said it was all he had. (The leceipt pioduced was the one he signed.) To Mi Hamilton : No one else was piesent. Asked foi the leceipt back, but defendant said he would pay the £1 again. Two months aftei waids asked him for the money he denied the debt. H. L. Meyer remembered obtaining the leceipt from Mr Boyce. Had thefoim diawn up by Mi Taaife. Paid the money (£3) in Mi Fox's oflice. An hour or so after plaintiff asked for another £1 stating he had only leceired £2. Eefused to pay more and the matter dropped. In March he was asked again, and again refused. Was certain he gave £3. Judgement for defendant with costs £1 7s. The Couit here adjourned for an hour.