MAGISTRATE’S COURT

Southland Times, Issue 18936, 24 September 1920, Page 2

MAGISTRATE’S COURT

CLAIM FOR DAMAGES. A case of interest to farmers of the Winton district was heard before Mr G, Cruickshank, S.M., at the Magistrate’s Court yesterday, when Frederick James Blackie (Mr Eustace Russell) claimed £95 from James H. Thomson, of LocLiel (Mr Stout), in respect of section 30 and part section 29 of block 7, Winton Hundred, which the plaintiff leased to the defendant on January 20, 1917. The statement of claim set out that the lease provided that the lessee should keep and maintain, all boundary fences on the land in good condition and repair, and should alto keep down and destroy all rabbits, goree, thistles and other noxious weeds. The plaintiff alleged that the leasee had failed to do so, and claimed £3O, estimated cost of repairing fences, £35 depreciation of land through his not destroying noxious weeds, and £3O estimated cost of cutting and grubbing gorsc. Mr Russell stated that the land in question was situated in the Winton district, and at the time it was leased by the plaintiff to the defendant it was in good order. During the time the defendant had been in possession neither the goree nor the thistles had been cut, with the result that the place had become overgrown. Mr Wilson, the former owner of the property, would state that when he sold it to the plaintiff in April, T9Z6, the thistles and goree had been cut, but since the property had been leased by the plaintiff to the defendant, nothing had been done. Other evidence would be called to show that since the defendant’s occupation of the land it had very materially deteriorated. Mr Stout, for the defendant, said that apparently there would be a very great conflict in the evidence of the witnesses for the two parties, and he suggested that in order that the Magistrate should have a better idea of where the land was situated, he should inspect the property. Evidence would show that the land had been in practically the same condition for the last twenty years and that it was very liable to flooding. Every big flood covered all the land, ■ and the small portion which was in the worst state was practically a riverbed and a wilderness. Thomson admitted that he had not cut the goree or thistles, but it was questionable whether the land was substantially worse than if they had been cut. Evidence would be given by some prominent fanners, who held that Jie rutting of the thistles was only a waste of labour and was not effective in storming the growth. /tfter a amount of evidence had been taken, the ease was adjourrrod until Tuesday next, when the Majpatraf wiT inspect tha property.