Page 3 Advertisements Column 1

Waikato Times, Volume XXVII, Issue 2212, 11 September 1886, Page 3

The Finish. R.M. COURT, TE AWAMUTU. Thursday.— (Before Mr H. W. Northcroft, R.M.) \V. Bono v. Charles Lawrence.— Debt, cash lent, £1. Mr Gresham for plaintiff. Judgment for amount claimed and costs, 10s (id. War. Jambs v. James Maoky. — Judgment summons, £10. Mr Gresham for plaintiff. Owing to one of the principal witnesses for plaintiff having left the district, the court, on the application of plaintiff's solicitor, adjourned the case for two months, in order that evidence as to defendant* means could be procured. Theie was no Appearance of defendant. Kihikihi Town Boakd (by Jas. Fan ell, chairman) v. Thomas Rushfokth.— Mr Gresham for plaintiffs. Defendant was served with a notice, by hating it posted on hi*- land, to clear olf the furze, briars, and broom from the road adjoining his property. Ho failed to comply with this notice, hence this action. Forbes Gordon, clerk and collector to the KthikiSn Town Board, deposed that, notices were po t-1 on the property as defendant could not be found ; all letters to him for rates were letnnied through the Dead Letter office. Toe boaul jrot the work done at a cost of L 2?, for which a \oucher was produced. Fiued l>and e.>ats, £3. Same v. George Aiujue.— Mr Grecian for plaintiffs. Fined Is and costs, £2 17>. Same v. George Si.ator. —Mr Gresham for plaintiffs. Fined Is and costs, £4 (is (id. Same v. Vauuhax.— Mr Gresham for plaintiffs. Fined Is and costs, £3 18s. The expenses of clearing the gorse from the road were included in the costs. In these cases none of the defendants appeared. Police v. William James.— Defendant was charged with a breach of the Police Offences Act by dischaiging a rewdvei in the public stieet. Constable Ryan, deposed that defendant fired a revolver in the air. He did not know he was doing any harm, for when spoken to he said he had no idea he was doing any wrong. Dismissed with a caution. James G. Gifford appeared to answer ;in information laid against him by James Farrell for a breach of the Fencing Act, by neglecting to erect his portion of a boundary fence between him and complainant within two months from date of notice, as presciibed by the Act. Plaintiff elected the fence, for which he claimed £12 Is 3d. Mr Gresham for plaintiff. Mr Gifford conducted his own case. He took a preliminary objection on the ground that he had received no notice of amount claimed till he got the. bill appended to the summons. He did not dispute the amount, which he had paid into couit, but he disputed the costs. The court decided to hear (he statement of the opposite side. Mr Gresham stated that defendant was notified to produce certain papers and documents, among them an ngreeinent, being a modification of the Fencing Act. — -Dociments produced and agreement read. — James Farrell, sworn, deposed that the work was completed in July last According to the agreement, the work was to ha\e been completed in February, 1883. Witness's portion was done within the time, but defendant's wa> not even touched. Witness wrote to defendant but got no reply to any of his letters ; he thereupon had to do the defendant's share as well as his own. Witness' solicitor wrote to defendant asking for the amount of the cost of fencing, some £10. The white thorns were not planted then, as the season of the year was not suitable, but witness planted them this winter. Witness had to do all the fencing to keep his cattle in. They had been impounded by defendant. Witness supposed they got on to his (defendant's) land through his broken fence, so he had to do the work himself to keep his cattle in. Did all he could to keep the case out of court. — By the Court : The work is complete as per agreement. It was completed last July. Did not serve defendant with any claim since July. Plaintiff's solicitor stated that he had instructions from plaintiff to notify defendant that the fence was completed, but that as the time was October the white thorns could not be planted, but that if defendant did not reply to the letter he (plaintiff) would take his silence as an authority to complete the work by planting the thorns. Defendant did not reply, plaintiff thereupon did the planting. — The Court held that notice of amount due by defendant to plaintiff should have been served upon him. It would not do to complete the work at once, and then sue the man without giving him any notice of his indebtedness. That was the spirit of the Act. — Mr Gresham said they relied upon the agreement which was an agreement and modification.— The court said there was only a point of law at issue, viz., whethei it was necessary to serve a notice of claim on defendant before issuing the summons. His Worship would adjourn the case, so that Mr Gresham could look up the law on the matter. He would adjourn to some distant date, so as to have this matter looked thoroughly into. This was the first ca&e of the kind brought before the court, and it would serve as a precedent. — Mr Gresham applied under the Act for an order as to future repairs. It was competent for his Worship to make such an order. — Mr Gifford stated that the boundary between him and Mr Farrell was altered, as he (Mr Gifford) had lot part of his land for ten years. — The parlies having agreed as to their respective portions for repairs, Mr Gresham said they would take the amount paid into court, £12 Is 3d, in satisfaction of all demands. — Defendant paid this amount in, less costs, his liability for which he denied for the reasons before stated.— (Own Correspondent.) mmmmmmmmt^ ___ Owing to reports sent home by Swiss women converted to Mormonism, the missionaries in Switzerland are being attacked right and left. Many of them have fled the country, and others are preparing to follow. The editor of an educational journal having stated that whipping is a better mode of punishment than detention after school hours, because it sets the blood in circulation and causes increased activity of the brain, some school boys sent him a letter of condolence on his misfortune in not having be. a vhipped more and detained after school less frequently when he was a boy.