CORE.

Otago Witness, Issue 1931, 26 February 1891, Page 17

CORE.

Bree, on 3rd December, gave him (Mr Edwards) Instructions to distrain at once. Mr Neaye asked Mr Kd wards not to do so, the furniture being worth £400, and suggested storing it. He (Mr Edwards) • refused, knowing that if the furniture was removed the right of distraint would be logfc. On the Bfch December, purely out of. kindness and courtesy towards Mrs Neave, the plaintiff, Mr ikee, agreed to postpone distress if Mr Neave would sign an agreement, as agent for his wife, that if the goods were removed they should bfl stored subject to Mr Bree's approval, that the key of the store should be at once handed to Mr Bree, and he should have the same power of immediate distress over them as if they remained|in the house, and Mrs Neave remained as tenant. Thai agreement was signed by Mr Neave, and would be produced. When signing It and on several occasions afterwards Mr Neave fledged hi* solemn word of honour that no attempt should be made to move the furniture again without Mr Bree s consent or to give any security or lien over it. He (Mr Edwards) went to Dunedin on 11th December for a few day§ on business, and on his return was informed that security had been given over the-fur-niture to Mr James Holland. He asked Mr Neave if that was to, and demanded the key ; but Mr Neaye denied it, aud refused to give up the key. Shortly afterwards Mr Neave admitted that security had been given to Mr Holland. Application had since been made fco Mrs Neave for the rent, but it had not been paid. Mr Simeon had nothing whatever to «*o with the case; the rent wa» payable to Mr Bree alone as trustee. Authorities could be cited to ■how' that payment to a beneficiary or any third ■party was no payment, unless the trustee or prinoipal bad specially assented to such payment or satisfaction. Mr Bree had never known of , or aeseated to, any §uoh arrangement as alleged by Mr Neave relating to a speculative case against the bank. He (Mr Edwards) had had instruction to summon Mrs Neave some weeks ago. His Worship refused Mr Neave's application for an adjournment. Mr E. Bree gave evidence verifying Mr Kdwards statement, and produced lease and agreement as to storage of furniture. Mr Simson had no control whatever over him as trustee ; he only took Mrs Simson's reoeipt for rents. Mr Neave's statement that Simson was influencing him in the matter of this summons was simply an " unfounded He. His Worship: "Judgment for plaintiff for . amount olaimed apd costs." Mr N»ave asked that execution should be stayed. Mr Edwards asked his Worship to refuse any such order, having regard to the gross breaoh ot faith towards the plaintiff in respeot of the agreement for storing the furniture and giving him the key. His Worship refused to stay execution.

Febbttjjry 24.— A Gore rifle team of 10 men went $0 Kaitangata last Wednesday by the express, reaohing the range soon after 5 p.m. Kaitangata won the match by 55 points. Early the next morning the coalmine was visited, and the team were then driven' out to the Molyneux Beach and returned in time to come home by the express leaving Kaitangata at quarter past 10. . . WBB3TLINQ- — A good number of people turned up at the Caledonian grounds last Wednesday afternoon to Bee a match between Joseph Brey and M. Stevenson. The latter won by five falls to two. Eoman Catholic School Pickic— This took place also on Wednesday last at the bush at Oroydon. A perfect day and the help of the Gore band, games with prizes amounting to £7, and plenty to eat and drink, made the picnic a great suoeess, and everyone came home in the evening to enjoy the concert that oDootobs'0 Dootobs' CSABGBS.-tThe looal doctor! have acted wisely in announcing in the local papers a fixed scale of fees to be charged against patients, and householders will do well to out out the list for future reference. ' Such a couwe will save many an unpleasant dispute, and will put a stop to the aroundlesfl complaints that patients so frequently make about charges, A doctor's- Ufa in a oountry district in New Zealand, is . seldom a .cheerful existenoe. They hare.great responsibilities In their hands, they have wearisome andoften risky journeys both by day and night, the majority of their patients have no oa»h, and the proportion of "bad debts" by improvident or unscrupulous patients would astonish the publio if they .only knew wb&t the loss was. The result it that a doctor actually does an immense amount ox worn for which he never gets paid, besides which' his " struggle for existence " is keen. > .Worst of all.there are soores of patients who send for the doctor at ady time of the day or night, never bother their heads about paying him, but calmly conrider that, it is quite fair to victimise him and then abuse him like a pickpocket behind his back. It It difficult to see why a doerpr should not be treated fairly like, any other, man of buiinesß, or why he should be abused for refusing to go a long journey to attend a man whom he knoyirs never intends to pay him. Fishing —It is reported that several of the stream* round here are in splendid condition for sport, espeoially the Otamlta.' A. competition took place pn the Waikaka lasn Wednesday with very satisfactory results. . _ _ « A S£A.TrGHTBR House License Declared Void.— At the E.M. Court, on Thunday last, his Worship had a long 'morning of it. s After two short beer duty and' Babbit Act oaiei, the case of Carmody against Latham and Dun was-taken. This wasj a charge of killing cattle at Gordon " without being duly licensed "; the object of the case being merely to test the validity of a slaughter home Hoenie granted by the Gore Borough Council to the defendants for 'the current year. Mr J.. S. Neaye appeared for the ' informant, and Mr Archibald Fletcher for defendant. It appeared that the ■laughter bouse was within the area comprised in what formerly was the Gordon- Town district, and had teen duly licensed for several yean past by the Gordon Town Board. The Gordon Town district was however, merged last year in the Gore borough, and the council of that - enlarged borough had granted a slaughter house .license to defendants for the same premises, but not without ■ first obtaining the opinion of Mr Fletcher. Section 6 of the " Slaughter Houses Act 1877 " enacted that after the coming into operation of that act no abattoir should be created outside of a borough within a distance of half a' mile from the borough; and no license should be issued for a slaughter house " within the aforesaid limits " unless such slaughter house had been erected, or was in course of erection, immediately before the coming into operation of the act. His Worship said the Borough Council of Gore only bad power to grant licemes under the act, By section 6 there was no power to grunt licenses within the limit of half a mile of the borough, and he therefore held that the license granted to defendants was null and void. They would be convicted and fined one shilling and costs. Mr Fletcher a3ked for and obtained leave to appeal. An Interesting Cash -The only defended ciyil case on Thursday was the caae of Bree v. Neave, in which some interesting facts came to light, ahe plaintiff, as trustee for Mrs I £ S Simson and children sued Mrs Neave, wife of Mr JS. Neave, solicitor. Gore, for £22 13s 4d for rent aud rates. Mr Edwards appeared for Mr Bree ; Mr Meavo appeared for defendant. Mr Heave asked for an adjournment for six weeks to enable him to render and sue en an account for £90 costs whloh he had against Mr Simson, as it had been agreed between himself and Mr Simoon that the rent sued for should be a set off against thoie costs. This was a malicious action taken at the Instigation of Mr Simson, who was hostile to him because he (Mr Neave) had refused to give up £13 which Simson had handed him" to pay for a special iurv in Simson's recent action against the bank. That action having been withdrawn, he c aimed the irlonaooountof his costs. He urged bis Worship to exerci9e,the:equitable;jurißdiction of the court end nonsuit the plaintiff His Worship would observe that Simaon had returned from Invercargill on the Friday, and the summons in this c a « e w» B J ßß " e £ the next morning. Mr Edwards, for the plaintiff. Mr Brea, opposed any adjournment whatever, and regretted that much o! what Mr Neave had said was untrue. The real facts were that early in 1890 Mr Neave had rented the house belonging to plaintiff, Mr Bree, as trustee for M> s Simson and her children . The rent fell in arrear, and It was found, when plaintiff wanted to diitrain, that all the furniture was Mrs Neive's. It was then arranged that Mrs Neave should become tenant, and have au extension of a lease to Ist December last, paying £23 63 8d on that day lees £l credit. Mrs Neave being ill, was to have liberty to remain as weekly tenant from Ist to 14th December, at £1 a week iv advance. Mrs Neave left on 3rd December, and Mr Neave remained till the 10th December, when he gave up possession to the new tenant, Ho rent having been paid, Mr