Feilding R.M. Court.

Feilding Star, Volume VIII, Issue 53, 14 October 1886, Page 2

Feilding R.M. Court.

. WEDNESDAY, 13TH OOTOBEB, 1886. (Before R Ward, Esq., R.M.) JUDGMENT STTMMOKS. E. Jackman y. Jones and Duncan. —Claim £5 Is No appearance. A, letter was read from Paget Jones, asking; for time as he and his partner , were out of employment. An order was made for Jones to pay the amount . forthwith, or in default to be imprisI oned for 7 days in the Wellington gaol. : .''. ' ■.- .'.... ? v ,;-'•'.'. ■ Haleombe and Sherwill r.^W. Mofco Moko.— Claim £19 Os 9d. Adioumad > - ; to. next court day. '- ■■ ] Haleombe and Sherwillv.iE.Niel- ! son. — Claim £7 8s 3d. Mr SandiI lands said he thought the case had I been settled. . Case allowed to stand over. I J Leinewerthie v. J.; MeDermott. —Claim £6 4s. No appearance, case struck out. .M-. Keenv. George Foster.— Claim £1. Judgement for plaintiff and costs 6s: ' ">'':.'. J: Pollock v. T. Gordon.— Claim £3 17s 7d. No appearance. - J. Jensen v. C. Humphry.— Claim £l,<ls. Judgment for plaintiff and costs. : ■ Court adjourned to 11.30. I-ENCING CASE. . J. Bray v. Edward Pilcher.— Claim £10. Mr Sandilands for plaintiff , and Mr Staite for defendant. This was a claim for a dividing fence not. having been put up in accordance with notice. Mr Staite raised a preliminary objection to the effect that under the Justices ef the Peace Act, section 45, thn iuformation should have been laid within six months,Mr Sandilands quoted authorities against this contention. . He gave a resume of his case. Joseph Bray deposed: He was a railway laborer and owner of section 55 in thfeu Manchester' Block, which— adjourned Pilcher's ■ land ; had inserted a notice to fence in the Feild- ; isa Star ; had given a copy to Pilcher who; had not erected the kind of fence ' asked for ; he had put up a rimtt stab fence, fastened with wire instead of battens; the stabs were pointed and ; driven ; . Jiad npt examined how far they were in^the ground; some were 10 inches apart ; some were only 1 inch and some 4 or 5 itches tiiick; the fence would not keep lambs and pigs out; was running sheep. on his place ; told Pilcher he oojected' to the kind of fence he was putting up; Pitcher said he would put tip a log fence if lie v liked in spite of him ; have fenced about l2 chains of the kind advertised; Pitcher was satisfied with it. Cross-examined by Mr Staite*: Had no agreement to make a different kind ef fence to that mentioned , in . the notice ; objected to Pileher's fence when he was putting it up ; some of 'tlie stabs are at the correct distance of 3 inches ; could net say how long ago it was since Piicher put up, the fence. Re-examined : When he handed him the newspaper told him it had' the fencing notice in it; a great many of the stabs are over 6 inches a part. Wm. Golding, laborer, knew both parties to the action ; had seen some part of the fence in question. / It was a good fence; some of the stabs were 5 or 6 inches apart; stabs driven do not last so well as when trenched 14 or 15 inches deep ; was present whea the parties had a conversation about the timber for the fence. Cross-examined : The fence is; a middling one. Charles Patterson, bush contractor, deposed he had examined the dividing fence; found it not a good fence for a boundary; the stabs were pointed and driven and not up to size ; the distances apart were 5 and 6, and in cases 10 inches. Mr Staite _for the defence called Edward Pilcher who deposed he was defendent in this action; he had erected a stab fence on the boundary; there may be some stabs 5 inches a part ; the. stabs average. ab«ut 3x 2 and 4 x 2 inch and more than that; the stabs are of rimu and matai, 6 feet long, fastened at the top with wire and staples. Hector Booth, farmer at Makino, deposed he had examined the fence at the request of Pilcher, and found it a very fair fence of driven stabs. The B.M. gare judgment as follows — If -is ordered that the boundary fence between the parties in this case be erected of sound rimu, matai, or totara Btabs, to be either driven or trenched in the gixmnd to a depth of ■ 16 inches where practicable, the stabs !to be 6 feet long, and not less than 3xß inches in: size^ the stabs to be placed not less than 4 inches apart, j the stabs to be fastened by either 4 x i 1 inch battens securely nailed with 3 ! inch nails, or -by a strong wire well,secured with strong staples. The defendant is further ordered to pay the ! costs of court 7s, and expenses of. ( ! service of summous. . Joseph Bray v. Edward Pil.<her f — Claim £10. -This was an action arising out; of the fencing case. The /claim was for carrying away ti ihMr by defendant, aud special damages. - Joseph Bray deposed: He was ownlr of section ss B on the Manchester Block ; desciibod the occasion when defendant | took timber from plaintiff's land to make ! the fence referred to m the previous-case; 'sent a written, notice to defendant' not to take the timber. . Gross-examined: It is a general rule to giveand take fambjer, andhe was willing to do so :■;: defendant refused to let witness have any timber in January. ; ■ William Golding deposed : He had been sowing grass seed for plaintiff ; saw ! some stabs lying about there ; spoke ' about them; took a letter from plaintiff i to defendant who seemed insulted about the letter. . " Charles Patterson deposed : He had measured some timber for plaintiff ; (estimate produced). ; : For the defence Mr Staite called :-Bdwaid Pilcher, who deposed : -Th« underetanding was that Bray was. to take timber from the land of defendant in the bush, half of the land ; removed, 2QO stabs i oil plaintiff s land; there are 350 stebs now lying on the land which plaintiff ban have ; lie caa take timder if he wauti : it j

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had not taken any timber after plaintiff had given iiim notice to stop. Hector Booth deposed : Went along the f enoe to look at it ; counted the stabs and fouad 1950 in 19J chains ; counted the stabs out of each tree as marked on the butts, and there were 1650 stabs or about that on defendant's side of the fence. His Worship said he was not satisfied that any stabs had been, taken by Pitcher after Bray had given him notice. He granted a nonsuit, with no order for costs. . A DOG GASE., C. Roe v. A. McDonald, of Turakina. —Claim £6 for value of a dog detained by" the latter. r ',. ■ After haariag evidence on both, sides, his Worship ordered defendant to give up the dog, and pay' costs and counsel's fee, k^jjpfouuiiug to £2 ss. , Tha court- then adjourned.