GERALDINE.

Temuka Leader, Issue 1522, 22 June 1886, Page 3

GERALDINE.

Monday, Jdni 21st, 1886.

(Before -H. C,,S. Baddeley, Esq., 8.M., Dr F»h, and Messrs W. H. Moore, A, Brisco,. And R. H. Pearpoint, Esqs., J.P’a.] ...GITIL oases.

W Palmer v, J Wharton—Claim £7.

Mr -WJiitie. for plaintiff, and Mr Hamersley, fojr. defendant. This was an action broiightto recover the sum of £7 balanc.e’of :rent of land let by plaintiff to defendant for grazing purposes. There was a. cross action,, for damages through defendant’s '' ft I *.befog impounded, and the Bench tk..ded to hear both case* be* for* giving^udgment. Plaintiff*, on being sworn, said, he had let a piece of land containing 109 acres to defendant Rom May 9tb to August Ist, 1886, for the .sum of £lB. He had received £l2 of the. amount. The de-fendant-had. occupied the land for about a fortnight After the time agreed upon bad ;*xpped, for which -be had charged him £i extra, being at about the same , fate-At the other, . . In v reply to Mr Hamersley plaintiff, aaid b*. did uot agree it should be £lB. it.-the paddock paid defendant and £l9 if.lt did not.. Ha said lie would charge:.; £lB, and if the paddock did not pay he would not be hard on him. J Tfharten, on being, sworn, said that bis agreement was , £lB. if the paddock paid and £ls if it did not. The paddock hsd.aot paid him. Palmer said ; “If yon go halves with m* in the ponnding money I will pull Brown (a former occupier) for leaving tha fences down.” Ip reply to Mr White he said the tent in August, 1885, and th# aummooehad been served on June 4, 1886. Kahad not sued sooner, for his account because-he would rather put up with a great] deal than go to law. This was the irst law case he bad aver.had in his Ufa. He offered to allow plaintiff to call in three of the neighbors to settle the matter bjfitritratiqo, .-. J s Wharon,,v» J Palmer—Cl nil* £lB 10s, pf.which £7* was for poundage fees, £7, Kls deterioration of cattle while in the pound, and £4 wrongful burning of straw*..- -, ■ .. -

Plaintiff... gave evidence, to the effect thathis agreement for the land WM <£lß if it paid him, £ls if it did not. Some stacks of straw that Induced him,to take the land were burned derwa by the defendant’s father. The defendant agreed to make the fences good, nod witness warned hirh three or four tipea to do se, and he promised to do it ns soon as possible each time. Witness’ entile ware impounded and ha bad .to pay £7 poundage fees for them, and when he Went home be found defendant mending the. fences.. Defendant offered to pay half the poundage fees and said he would pull (Brown) n former tenant,, for the state the fences were m. Witness said be wonld look to defendant for the amount. The. straw burned was worth £4 or £5.

The witueas was examined at some length by Mr White without anything new being elicited. .F W Bad ham gaveevidence to tha effect that the at raw waa worth £4 or £5. Be..impounded the cattje because they bad been runningon hie own land for about %-fortnight, The c t'je wera ie the pound four days, but he did not think they would suffer through it. I Jehu Lawson gave evidence of the cattle -baying bean impounded nod released, but as be had fed them well he did not.tbink they had suffered. -The ..defendant, W.Palmer, on being awore,* said the agreement waa £!8, but if it did not pay be would not be hard- pn plaintiff. Witness waa never aaked, and he never agreed, toput the |(ia|caft',m order,. Plaintiff told him the eeftle were going through a gap made by and witness *aid' Brown would y tQ .repair jt, With regard to the cattle going en Mr Badharo’s land, be told plaintiff it waa Mr Badharn’e place to pay half .the.coat. He thought then the cattle, went through the division fens*. JJepever promised to put the fence in Order,, but when he.aaw.it down he .ipended it. .. When pliiintiff told witness be-had to pay £7 poundage, witness said he would givehim £2 and pull Brown end get the amount out ,of him for leaving dba gap open, He said this out of kind* «#aaas it was . a hard case. There was nothing said about the straw. It belonged > tß|rowD l >ho bad cropped the place. Witness told hie father to burn acme of it and he burned too much.

Mr. Htinerslej cross-examined but Bothjpg new was elicited. . J W Palmer father of the defendant g&ve evidence to ths effect that the straw burned waa.wet and nsslesa.

having addressed tb© Bench there;- WpltsKipa retired and soon returned .-with-judgment for the amount claimed .in TtW first case, and for the amount claimed in the second Jess the amounts claimed ;{pr damages by the burning of the straw, and the deterioration of cattle, which' had failed to prove. On* guinea a fee in pagh case was allowed, jatid coats,