RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5293, 29 January 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, January 27. (Before R. Stuart, Esq., R.M. and E. Tuke, Esq., J.P.) Thomas Kingswell was charged by Richard Williams, Inspector of Nuisances, with having allowed certain goats to be at large on the 22nd inst. Fined 2s and costs 7s. OLIVER V. KINGSWELL. This was a claim for £5, for damage done to plaintiffs garden by some goats, the property of defendant. Mr Lascelles was for plaintiff. William Oliver stated that damage to the extent of £5 at leant was done to his trees by the defendant's goats. The defendant had offered to pay the amount of the damage done, rather than go to Court. Defendant stated that he had gone to Mr Oliver«and offered to compromise the matter of damages. He admitted that his goats had got through Mr Oliver's fence, which he said was not a proper fence to have within the Borough of Napier. Defendant was ordered to pay to plaintiff the sum of £2, and costs ss. M f PHERSON V. R. NORTHE. This was a claim for £58 13s Bd, balance of payment for mowing grass, and cutting and. stacking 940 bushels grass seed at 2s 5d per bushel. Mr Lee appeared for plaintiff, Mr Lascelles for defendant. Henry M'Pherson deposed that he had been engaged by defendant to thrash and stack a quantity of grass at 2s 5d per bushel. The sum of £55 had been paid to him on account. Several other men were engaged in the thrashing. Defendant was working the same as the rest, sometimes helping on the stack. He appeared satisfied when the work was done, and gavethemen some beer on the strength of it. It had rained one Sunday while the work was going on, and they had taken proper steps to save the hay, Northe himself assisting. Northe afterwards refused to pay the balance of the account, on the ground that the wqrk had not been properly done,,

By Mr Lascelles : He did not cover the stack on the Saturday afternoon. The mowing had been done in a proper manner. He had.carried on contracts of this , nature for several years. They some- V times ended in a lawsuit. Defendant was T tofod^heets.Jp cover the stacks. . ' William Vickers, miller, deposed, that ne had a steam thrashing machine. He en g a g ed , gashing grass seed with MPherson for'Northe. There was a heavy thunderstorm one Sunday while the work was going on. Some of the hay got wet through it, which was left out to dry and the remainder put through the machine. Northe asked him. what was the best thing to do with it, as he thought ' the hay would spoil. He thought it would be better to go on with the work, that the hay would not be spoiled. He (witness) considered the job a good one, and that the work was properly done. . • A large quantity of other evidence was taken." >: < .. Judgment wes eventually given for. de- * ' fendant, with costs £2 9s. ... ; v : .