THIS DAY.

Nelson Evening Mail, Volume XIII, Issue 38, 13 February 1878, Page 2

THIS DAY.

[Before H. E. Curtis aud A. E. Oliver Esqs., J.J.P.] Cook v. W. 11. Cator and Hannah Cator. — Action to recover £17 19s 7d for meat supplied. Mr Pitt appeared for the plaintiff and Mr Acton Adams for Mrs Cator. Plaintiff satd that he supplied the meat to Mrs Cutor, knowing that she had property of her own. She kept a boarding house and her name was iv the window. He had no dealings with Mr Cator, and did not recognise him in the matter at all. Mr Acton Adams argued, first, that being a married woman Mrs Cator could not be sued, aud secondly that she had not rendered her separate estate liable. Mr Pitt adduced arguments against this, and asked for a judgnipnt against Mrs Cator, stating that he would be perfectly satisfied to accept a nonsuit as far as Mr Cator was concerned After having retired for a few minutes the Bench gave judgment against Mrs Cator in respect, of her separate estate for the amount claimed and 2osts £2 9s. Plaintiff was nonsuited as agaiust Mr Cator. The Gorse Nuisance. Waimea Road Board v. Hunter. — This was an action brought under the 98th suction of the Public Works Act to test the power of the lload Boards to enforce an order to clear the gorse from the roads. Mr Acton Adams appeared for the plaintiffs and Mr Pitt for the defendant The information was laid as follows:— "That the defendant, being the occupier oE land on which a hedge was, allowed the gorse to spread from the said hedge into an adjoiuiug public road so as to injure the same, and ueglectod within one month after the receipt of au order from the local Road Board to cl. ar and remove such gorse, pursuant to such order, and to obey such order." T. J. Thompson, the surveyor to the Board, proved the existence of the gorse on the road. It had been grubbed up six or

seven years ago by the Board. He believed that some of the plants had grown since the passing of the Act in October, 1876. It had increased since that time. Cross-examined hy Mr Pitt : The gorse was grubbed by the Board in the summer season. It was grubbed about nine inches deep. Gorse will never grow from the roots if cut below the surface. Never knew gorse completely eradicated by ono grubbing. Could not swear positively that none of the gorse on the road had spruug from that which had been grubbed. A little of the gorse on Hunter's side might have come from Ford's hedge on the opposite side. Could not ideutify the plants, aud say which came from Hunter's hedge and which from elsewhere. Could not say that no gorse seed had been brought ou to the road in the gravel. By the Bench : I never knew instances of gorse growingf rom the rootsjwhen grubbed below the surface, but it might grow from seed left in the ground when the gorse was destroyed. IJcould not say that the gorse had come from Hunter's hedge since October, 1876. Some of it was growing before. A large portion of it may have come from seeds left when the gorse was grubbed. W. White, chairman of the Road Board, said that some of the gorse had undoubtedly spread from the hedges since October, 1876. The gorse could not have come from anywhere but Hunter's hedges. Cross-examined : I mean that the only inference is that the gorse came from Hunter's. Could not swear that it did. R. Malcolm, overseer to the Board, had no doubt that the vorse came from Hunter's. Cross examined : Could not swear that it had. The new plants major have come from seed from the older plants on the road. Could not say which plants came from the hedges. Mr Acton Adams : It is impossible to get such evidence as that. Mr Pitt : Of course it is, and therefore it is impos»ible to get a conviction. It is much the same as the old Thistle Act in that respect. Counsel having addressed the Bench, their Worships, after consulting together for a short time, dismissed the case.