RESIDENT MAGISTRATE'S COURT.

Taranaki Herald, Volume XVI, Issue 820, 11 April 1868, Page 3

RESIDENT MAGISTRATE'S COURT.

Tuursday, April 9. [Before H. R. Richmond, Esq., R.M.] JUDGMENT FOR PLAINTIFF. Long v. Greenaway, £7, and 15s. costs ; Long v. Curtis, for full aniuunt, and Us. cost ; Long v. Thompson, 18s. 4£d., and 11s. cost ; Jones v. Harvey, £1, and lls. cost. WEST AND ANOTHER V. DR. SAMUEL. The plaintiff sued in this caso for £11, being the amount claimed for a party fence. Mr. Cartbew for defendant. Robert Wood, said : I am tho occupier of 782 A, Grey Block. I applied to Dr. Samuel to erect a boundary fenco between us at the latter end of August last, whioh Dr. Samuel refused to do. I then sent him a notice, in the form required by the fencing Ordinance. He told me that he was not occupying the land, and that he would not fence, and then 1 sent' him tho notice. He then gavo me a letter, and told me to put up the fence. [Letter put in.] He promised to pay his equal portion. He told me to put np the fence, and do tho carting, and charge him with half. He told me to take a portion of the fencing out of his bush, aud part out of my own bush. We, (Mr. West and I) put np the fencing, and I took the bill to Dr. Samuel. The amount was £11. There was no agreement as to price. I have a lease of 782 A from Mr. Burton. The fenco was a four railed fence. Dr. Samuel has made no objection to the amount charged. Cross-examined by Mr. Carthew : Mr. Carrington was with Dr. Samuel, when the letter was given to me. Mr. Carrington was present when Dr. Samuel told me to do the fencing. William West and John Sanders corroborated the former witnesses' evidence. William Mu'mford Burton, said : I have rented The whole of the estate of the late George Patterson from Mr. Broadraore tho executor. In July, 18C7, I sab-lot to plaintiffs that portion of the laud, No. 782 comprising 66 acres. They have occupied the same over since, have built on it, and cultivated it. I have seen the fence erected between the land thus lob to them, and Dr. Samuel's land. The fence is four railed, aud is good, and sufficient. (By the Court) :I havo never received any notice to quit the land. Frederick Alonzo Carrington, said : In October last Dr. Samuel asked mo to accompany him to tho land, for the purpo o of telling him whether tho house, whioh had been burnt down, was on his land or not. I went with him, and feund tho house was on the land, on which he has a mortgage, that is the land ocoupied by plaintiffs. Dr. Samuel's explained to the plaintiffs that the land they occupied was his as mortgagee, aud he told them that the adjoining land was his also, and being in timber, did not require a fenco. Plaintiff said we* required the fence. Defendant said this is timber land, and he did not require tho fence. They then told Dr. Samuel tbat the law would compel him to pay his portion of tho fenco, and Dr. Samuel's then said that whatever the law compelled him to do, ho would do. He emphatically said ho would obey the law iv whatever it required him to do. I did not hear Dr. Samuel say anything about tho fencing, carts, &c. Mr. Wood called on mo, and asked to bo paid for the fence. I told him Dr. Samuel was away, and I did not think he would pay under any circumstances for fifteen months, as tho law would not make, him pay sooner. This letter was,/ead by mo to plaintiffs, but I do not recollect its beingsigned. Plaintiffs might have had a separate conversation with Dr. Sanfnel. I was there some -two "or three hours. Dr. Samuel was with me part of the /time, and -part of the time I was walking about. Ido not think that any private agreement could havo been made without my knowledge. Thcro was plenty of opportunities for them to make one. I was em- J ployed to talk to tho poople about tho fencing. I did see Dr. Samuel in conversation with plaintiff, when I was nob in earshot. Dr. Samuel, the plniutiffs, and part of tho time the witness, Sanders were on tho high ground together. | When I was out of earshot my impression is that Sunders was not by, bub loannotsay for certain. If I were asked if, the signaturo to the letter, was Dr. Samuel's, [ should say it was not. I do not recollect the letter being signed. I rend ' the letter to the plaintiffs by defendant's consent. Dr. Samuel asked mo to attend to tho business before we left tho ground, and I said I would, and whatever 1 did ho wonld abide by it. I knew, of -ao 'other agreement about the fence,' hau the one before the Court.

Jacob Samnol, said : I never authorized tho plaintiffs in any shape or form to pat np tho fence for which, they sue me. That letter was not written by me or by my authority, I did not sign it. I wrote a memorandum for Mr. Car- , ring ton. It might havo fallen on tho ground, and been picked up. It might bo the same document I gave to Mr. Carnngton. I positively swear that the signaturo is not my handwriting,^ ( I do not remember a letter being read by Mr. Carrington to plaintiffs. Tho Court gave judgmont for plaintiffs £11, . and costs £1 la.