MANAIA.

Hawera & Normanby Star, Volume XLVIII, Issue 8095, 24 September 1904, Page 3

MANAIA.

MAGISTRATE'S COURT.

FRIDAY, SEPTEMBER 23.

(Before Mr W. Turnbull, S.M.)

FENCING CASE. Andrew King (Mr Barton instructed by Mr Caplen) v. W. J. Barleyman (Mr Welsh), claim for ,£23 19s 2d, half coßt of a new boundary fence Andrew King, plaintiff, 'sworn, said he was the owner of section adjoining defendant's land. Gave defendant notice to fence, but he took no notice of same. He let a contract for the fencing, which was done, in my estimation, satisfactorily. Sent word to Barleyman, asking him to come and assist in finding the survey pegs, but he did not comply with the request. Had great difficulty in finding the pegs. The original fence was erected about 11 years ago, 'and ho had kept it in repair since', defendant having assisted with labor a few times. The state of the fence has caused friction between defendant and himself. . Witness was cross-examined by Air Welsh on details relating to the fence. Charles Cousins, laborer, one of the contractors who erected the fence in disputo, said the evidence given by plaintiff re survey pegs was quite correct. The fence is as straight as could bo orocte.d and is a good substantial one, and according to specifications. Before commencing the fence, at the instance of Mr King, 1 asked defendant to come and point out the boundary pegs, but he declined to do so, saying that he had, authorised plaintiff to put up a fence. Found three pegs and todk the line from same. The old fence was a fence in name only. The price charged for erecting the fence was a reasonable one. George Taylor, jun., who helped to pull down the fence and erect the new one, gave evidence similar to that of Cousins. Arthur Prestidgo, farmer, sworn: Remembered hearing a conversation at the factory between the parties of this action as regards fencing about March last. King asked Barleyman, "What shall we do about the fencer and the latter replied that King- would have to repair it. King said be could not help the state of the fence, and suggested that a new one be erected, and each party pa/ cost oi sam6> Bar " Jeyman said King had left trees standing on the land, and with these falling on tlte fences and i fire, etc., no wonder the fence was destroyed, and contended that King should, effect all repairs. James Doyle, .Okato, sworn, formerly in Barleyinan's employment, said he had heard Bwrleyraan say that he intended, ■when ho found time, to erect a new fence on his portion. Chas. Eustis, laborer, said he was the successful tenderer for the fencing done by King, and went over the line of fence. At om end there was "no fence at all," and a portion of the balance was propped up, and King's boy the other side herding the cows away from the fence. After getting the contract saw Barleyman, and asked permission to cut' some posts m his land for the fence, and he ordered me off, stating he would look upon anyone coming into his land as a trespasser. I then "turned up the job." A. J. Herbert, farmer, Kaponga, inspected «ld fence before it was pulled down, and considered it to be rotten from end to end. Considered the new fence a good fence. . P. Tarrant, ranger, said he impounded King's cattle at the instigation of Barley""Gerald King, farmer, Auroa, formerly in Barleyman's employment, said that two or thr« years ago the old boundary fence between Kin« and Batleyman's farms was about "gone.** . „ J. R. Stewart, licensed surveyor, said he had inspected the dividing fence between King and Barleyman's yesterday. Consider ,U * very good one. and up to the standard as per gauge (produced); To Mr Welsh t Never saw the fencing notice. As a practical person, having a practical knowfcdge of fencing, I would ran the fence as a good one. Arthur Templar, licensed surveyor, Eltham, produced plan of the fence line. Did not gauge the wires on fence. This was plaintiffs case. For the dWeace, D/C. 0. Gebbie, farmer, Te Roti, was called. Ha said ho examined the fence. in question, and saw copy of the speciflratioßi* of. fencing contract. The fence does not. correspond with the reqwre* menta of the notice, in so f« that the gauge of the wires was not correct, distance* between wiwe being rather erratic, baton* not put on properly, th^ feneja being irregulaar, and one of tho flood»tes not being In good repair. Sis. Rlchar4»on. farmer, Riverlea, gave «vSsice to the effect that th* fence was n not according to spedfications.. " Alton Grace. Thomas Abbott, and Alfred F*rr, farmert. also gave evidence on behalf of defendant, after which the further hearing of the case was adjourned to the 7th of October.

STOP URIC ACID TROUBLES. ,Wh«ri the flfst symptoms appear, as they •*• the forerunner* of gout, rheumaVtait, atone, gouty ecsema. sciatica, lumUffoTastd many other ttoubles. In some SnXnceittierV is torpidity of the ltver, whkhritei. rise to dofi pains on the right SSrVtiM body, in others there is stiffnets In the Joint* and muscles, tenderness, wJar«ment of thelointa, or gouty or ■fartklatto bains. When tome one or two. itihZ ttSotomi e«iit,>raer*i Bhernno, fa an absolute remedy. ' Bold etwywtete, 2s Jd and * J* keaDihone, Preeser and Co., Wholesale Ag«Mte. TOWN OtRRK O'JSWS^' N ' Z " \ CURED OF. SOIAxiCA. Omtm Robert Rwikin, Town Clerk, lie f Had hrfore tried many otter emrocattonr fw th» time purpose, but found "Jrwdidi'Wfclo hn*+ oeen aaucieo^ won ™?~*