MAGISTRATE’S COURT

Feilding Star, Volume 3, Issue 574, 28 May 1925, Page 8

MAGISTRATE’S COURT

. SFI AI \E- MILKING CONTRACT. CLAIMS AND COUNTER-CLAIMS. Mr R. M. Watson, SAL. at a special sitting ol the J*cilding Magistrate's Court held yesterday, was o<cupied all day in hearing a sharemilking contract dispute, the statement- ol claims and counter-claim oi which lia.ve already appeared in the Stain between A. lb Bailey and 1.. Benge (Mr'Graham). plaintiffs, and - , lb Bumkin (Mr Cooper), defendant, '{’he action involved two claims being entered by the plaintiffs and a coun-ter-claim by the defendant. A. R. Bailey, '.share-milking with a companion. Benge, under emili;aet to C. 4. Rumkin up in end of April, 1934. gave evidence as regards several items of the claims. Regarding the contract which he had i olinquislmd in common with Rouge prior to the expiry of the contract, which was in •July of the same year. Rumkin had been agreeahh- to allow the plaintiffs to leave tin* farm, going so far as in say that lie would place nolhing in their way, providing all tests of cows, dates of calving and general information in connection with the herd were handed to him. The plaintiffs had j considered that they were not entitled to hand over such records which had I been produced at their own cost, and did iinL- do so; eventually giving up the contract. Bailey admitted that he had been requested hy Rumkin',s atloi ney. Whittle, to keep the necessary records and had piovided the testing and recording equipment. He accordingly kept the records. When he and Benge, gave up the contract, a conference of the parties concerned was held at which it was considered lhat a set Llenient of the agreement should ho effected by arbitration. A meeting was arranged for and arbitrators appointed, hut settlement of several claims: put forward could not he arrived at. A tun her meeting was arranged for hut witness did not ai tend. Witness gave fun her evidence concerning a heifer given him by Rumkin on which he. claimed the sum of £7 10s. Leslie Rengc. a farm labourer, now' at Mangaroa, concerned in tlie dispute over the claims and counter-claims;, gave details of the items included in llu- claim made by himself and Railcy. He admitted that his memory was a had one and handicapped ibe proceedings somewhat. Bumkin and .the sharcmilkers could not agree, and it was agreed to sever connection under the contract by mutual consciil, ol the parties and a formal letter was ac-

cordingly sent Rumkin. Mr Farmer had been appointed arbitrator for tin' plaintiffs and a visit was paid Rumkin with a view to squaring any claims in tile .settlement of the contract. which might he puL forward. A settlement was not arrived at. Concerning the contract. Bongo gate evidence ns to having attended to the cultivation of 18 acres of spring Iced, weeding of crops and haymaking. When on the farm, the fences were in fairly good repair. In, a paddock in which potatoes were grown, the fence was not pig-proof, and before harvesting ;i< small portion of the crop was destroyed. Arising from the counterclaim, witness was charged with grazing for one horse. The horse was freely used hy Rumkin, a Russian -employesl of the defendant, and others on the farm. Witness admitted that under the agreement lie had no right to graze the horse on the farm. In his claim, witness admitted that he had kept no records of droving, stumping, logging and other farm operations. He was not aware at the time that .any trouble of thi> present nature would arise. As regards records of the herd, witness only knew that Rumkin’s attorney. Whittle, had asked Railcy to keep the records and had supplied all the implements for testing the cows comprising the herd. 'l'esting records and calving dates had been kept. Witness and Railcy wore tlie only persons in possession of information of the herd of interest to Rumkin. lie did not consider that Rumkin was entitled to these records, -although he admitted that they would he very valuable to the defendant. At any period lie hud never heard Rumkin enquire for the records. Volodia Minonkoll, a Russian farm hand, employed now at Mangaroa. also gave evidence. The proceedings at this stage were adjourned until dune 21.

THE KOUT.NICHTi.Y SITTIXC. (Before Air B. M. Watson, S.M.'i BK VCI.ES WITHOI’T 810 HI'S In conducting proceedings against 10 persons on charges of having ridden (heir bicycles at night without the necessary lamp attached. Sergeant Cahill remarked that apparently no notice whatever was taken by the public of previous prosecutions. E. Aston, T. B. Baber, Allan doland. Percy Fielder, Ernest Fidler, lan B. Coldfiirch, Alfred 0 old fin eh, Frank Taylor, A. Lean, Oenrge T.aing, B Matthews, William Tteid, Sydney Salter, Hazel Miller, Frank Cotz, and Thomas’ Whittaker were arraigned before the Court., each pleading guilty to the offence. A conviction was entered in each case and a fine of los imposed. “The number of prosecutions this morning show the. fact that Feilding, despite the number of warnings given,

is still showing a laxity as regards this practice,’’ said the Magistrate. 'lt was ;i dangerous practice to pedestrians. dangerous to motorists, and dangerous to children. As I have previously remarked, lamps are cheaper than lines, and fines cheaper than accidents.'’ H 0 trusted that cyclists would get and use lamps on- their bicycles lor these short winter evenings.