R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4250, 22 October 1892, Page 3

R.M. COURT.

MASTERTON. (Beforo Colonel Roberts, 8.M.) A SURVEY DISPUTE. In the further hearing of the ease in which Mr A, J, Rawson claims from Mr Hugh W. Jackson the sum of £l4 2s 6d, under tho terms of a surveying contract, Mr H, H. Smith manager of the Bank of Australasia, gave evidence to the effect that defondant refused to pay thebalanco of the sum agreed upon to plaintiff, on the ground that the work was not completed, No further evidence being called for the plaintiff the defence was gone into Mr Jackson stating that he bad arranged with plaintiff to survey a certain property of 500 acres at Wangaehu for the sum of £2B, Three boundaries were to be included in the survey and tho lines were to be defined so that further survey would be unnecessary, Plaintiff had told him be would finish the contract in a month, but over twelve months bad elapsed and the work was not finished. The lines were not cut as agreed, The first plan sent to the Transfer Office was 161 links out on oneof the boundary lines. A second was subsequently put in and passed, Mr Frasi had been engaged lo define the boundary between plaintiff and Dr Hosking. Defendant stated that he had been delayed in bushfalling and was unablo to fence through the survey not being completed, Mr John Uing, surveyor, gave expert evidence.. In his opiuion the lines were not properly Burveyed. On the Court resuming this (Saturday) morning P, Frasi, surveyor, gave evidence to the effect that he laid off the southern boundary between Messrs Jackson and Hosking in July last and at that time there was no line defined except a small portion being cleared by fencers, The old original Government pegs put in about twenty years ago were found by him, There was no other survey that ho could discovor except some pegs inserted for bushfalling purposes (or Dr Hosking, On the eastern side he found a very roughly cut line, probably a compass ine. A compass lino wus not proper and was debarred by Government, It was set forth in the regulations to authorised surveyors in clause 18. Mr Rawson, re-called, stated that ho had put in pegs on the eastern line. Himself and a good man had been two daya outting a line, Would swear that there were more than five pegs in tho line. He would undertake to walk down the line with his hands in his pocket. There were pens all along the line ou the western side. The lino was where the defendant wanted it. His Worship said ho bad read tho evidence taken in Wellington, and from what he had heard from evidence given in Court he Bhould nonsuit the plaintiff, with costs, £1 Is 6d.