PALMERSTON NEWS.

Dominion, Volume 3, Issue 772, 22 March 1910, Page 4

PALMERSTON NEWS.

UARGE LOAN REFUSED. A STRANGE TELEGRAM. . (By ToleeraDh.— Special CorresDondent i Palmerston, March 21. Tho church of St. Boniface, at Moutoa, was opened yesterday afternoon. Tho Rev. G. J. Woodward was tho officiating minister, and this., was the first Anglican eer.vico held in tho district for nearly a scoro of years. Diphtheria has broken out at Foxton, and one deiith has been reported. The town clerk of Palmerston. has received a telegram from Mr. J. W. Poynton, superintendent of the State Guaranteed Advances ' Board, to tho effect that Palmerston's request for a loan of £70,000 had been refused. Tho borough authorities aro rather mystified, as no application for a loan of β-ny eort -has been made to tho board.

At tho Poliro Court to-day, before' Mr. A. D. Thomson, S.M., a fish hawker named Cariau was proceeded against by die Society for the Prevention of Cruelty to Animals, for working two horses that were alleged to be quite unfit for duty. Defendant was fined £5 and costs £2. A second \case was dismissed, as there was no evidence to show that defendant knew that the animals were being worked at the time mentioned in the information.

A man named Charles Cress was fined at tho Court to-day for taking a dog into the swimming baths, thqugh warned against doing so.

. W. J. Orr pleaded guilty a£ the Court to-day to a charge of having obstructed tho public highway by-erecting thereon a trapshed in front of his pro perty at Pohangina. ■ He stated in extenuation that ho had' no access to his property, and had therefore erected the building on the roadside temporarily. A letter. was put in stating that defendant had refused to remove tho building, because he thought that ho had sold, his property. His Worship, in fining defendant £6 and costs £4 45.; told him he had better remove the building immediately. if he did not want to loss it altogether. Job Hoaley and his two sons, William and David Healey, were charged at the Magistrate's Court to-day with assaulting and using threatening language to George Oates, a flaxmill hand, at Oroua Bridge. The charge against the elder Hoaley was dismissed, but the sons were fined £3. each. At the Magistrate's _ .Court to-day, the decision of Judge Sim in. the appeal case Bealo v. Pearce, was 'read, reversing tho decision of Mr. A. D. Thomson, S.M. Thri' appellant, J. Bruce Beale, had'sought to' recover half tho cost of a boundary fence from W. B. V. Pe&rce. Ho had given notice to fence in terms of Section 12 of tho Act. of. ■ 1908,. hit respondent did not give any cross notice. The appellant erected the fence, but did not commence the erection until six months after tho service of the notice. The magistrate had held that, under Section 17 of the Act, tho erection of tho fence should have' beon commenced within three months and three weeks after .the expiry of. 21 days after, the service of tho notices, to 'fence. As.,that had not been done,' ■appellant' was riot, entitled to recover.' His Honour said that, on thefailure of respondent to give a cross notice within-tho prescribed time, he was deemed to have agreed to the proposals contained in appellant's noticethat is to say, that a fence of tho specified description should be erected by appellant immediately. The appel-. lant thus acquired a right to proceed with the erection pf tho fence, arid to lecovor : half the cost of same.: The effect of a.service of notice to fence, not followed by. a cross notice, was to create a contract between the giver and the receiver, and this, like any other contract/, might. be . treated as rescinded.if left unperformed for a considerable length of time. The appeal >vas therefore- allowed, with costs against respondent. . ■'