WAIMATE

Timaru Herald, Volume CXXXVII, Issue 19641, 8 November 1933, Page 9

WAIMATE

MAGISTRATE’S COURT CIVIL BUSINESS The monthly sitting of the Waimate Magistrate’s Court was held yesterday >efore Mr C. R. Orr-Walker, S.M. Claim For Grazing. Robert Percival Henry proceeded against Arthur David Rogers for the ium of £27/2/- for grazing and chaff supplied. Mr T. A. Wilson appeared for the plaintiff, and Mr J. Emslie, Timaru, for the defendant. Plaintiff said that on Good Friday Df last year, Rogers came to his house with two mares and two foals. The horses were placed on a swamp on witness’s property. Two men named Price and Mahan were present at the time, and Rogers asked if witness had any sheaf chaff. Witness replied that he was short, and would have to buy chaff. Rogers said to witness: “Treat them well and I will pay for it.” The animals were very thin when they arrived at witness's farm and one of the mares died about six weeks after arrival. Witness told Rogers of this a few days later, and he replied that he was not worrying about the mare, as she was old, but he wanted the foal looked after. All the animals were trotting stock. Witness saw Rogers in Waimate several times about payment and he had said that he was short of money but would soon be starting his bacon curing business at which he hoped to make a good bit of money. Some time later Rogers removed the mare from his property and witness heard that he was going to take the young horses away as well, so witness had them placed in a paddock at the back of his house. Witness charged 2/6 a week for grazing the mare and foal and 1/6 a week for the motherless yearling, and also for TO bags of oatsheaf chaff. Witness was holding the two yearlings as security for the amount owing. Rogers had asked for possession of the yearlings about five and a-half months ago, and had called in company with a policeman to demand delivery, but witness was absent from home, and delivery was not given. To Mr Emslie: When Rogers made arrangements to graze the animals le did not ask what the charge would be. Witness could charge any price ne liked. No price was fixed for the chaff used. The horses were fed twice a day, and the chaff was taken from a separate heap in the shed. Witness did not know how many bags were in the heaps. Witness charged at the rate of £6 a ton for the chaff. To the Magistrate: Witness bought chaff at the end of the winter for £5 a ton, but it was not so good as his own chaff. Evidence was also given by R. E. Mahan. J. Flynn and R. Price. T defendant said that the two mares in question were light hacks. He had spoken to Mr Connell, the secretary of the Island Committee, and obtained a permit to graze the animals with which he left Waimate on Good Friday. The horses knocked up and as it was getting late he called to see Henry whom he told he was taking the horses to the islands. Seeing the horses

were knocked up he asked plaintiff if he would put them on the islands the next day. Plaintiff replied that ne would put them over in a day or two. No mention was made of Henry grazing the horses, and witness denied that he had gone to inspect a paddock for them. He went at Henry’s invitation to look at a paddock of turnips. Witness met plaintiff a short while afterwards in Waimate and was informed that the old mare was dead. Witness went down to look at the horses shortly afterwards, and they were grazing on the islands. Witness went to get the other mare at the end of September to put her to the stud. Each time witness saw the mare she was in very poor condition. When witness toon the mare away he had to bring her through part of Henry’s property. The mare was secured from a mob of seven or eight horses and they turned the remaining horses through another gate leading back on to the islands. Henry was present at the time and said nothing about payment for grazing or having given the horses chaff. Witness went to get the two young horses on May 16, but the stream was too high. He met Henry on the road, but had no conversation with him. The first intimation he received that a charge was to be made for grazing was in a letter from Hamilton and Fitch. He called at their office and told them the horses had not been grazing on Henry’s property. Had a charge for grazing been suggested he would not have sanctioned it. as he could not afford it. Edward Flynn, labourer, Waitaki Hydro, corroborated defendant’s evidence in regard to taking the mare away from the islands. The two foals and seven or eight other horses comprised the mob, and Henry's son and a man named Devlin assisted them to catch the mare, which had to be turned out for three weeks before she could he used for the stud, owing to being in low condition. Witness now had the mare v/hich was much improved. He started paying 2/- a week for her grazing and was now renting a section for 1/- a week. When witness fed the mare with chaff she appeared not to know how to eat it, and witness was of the opinion that she had never seen chaff in her life before. The Magistrate, delivering judgment, said that the conclusion he had come to was that a request had been made by the defendant that the horses ue grazed, and they were grazed on the river bed. There may have been times when they were on the island. The question was, what was a fair thing, and in the absence of any agreement, he would have to see if he could fix a reasonable amount. He would take into consideration that these people were friends, so much so that Henry had admitted that had he not heard Rogers was trying to get the horses away in a surreptitious manner he would not have charged anything, which showed that the amount was no: a serious matter to him. Then again there was the question of the price of the chaff and the period it was fed to the horses, in both of which questions there were large discrepancies in the evidence. It his own manner he had arrived at £lO as a reasonable amount for the plaintiff. He could either accept that or accept a non-suit. Mr Wilson: We will accept it, sir. Judgment was then entered for the amount stated plus Court costs £l, witnesses’ expenses £2/5/-, and solicitor’s fees £l/6/-. Judgment Summons. On a judgment summons, A. A. Allfrey was ordered to pay to the Drapery Supply Association, Dunedin, the sum of £2 TO/- at the rate of 5/-

a calendar month, the first payment to be made on December 1 in default three days’ imprisonment. BOWLING. The following will represent Waimate. to play Park (Timaru) on the Park Club’s green to-morrow:—Healey (s), Parry, Hood, Sinclair; Smith (s), Knell, Akhurst, Schrader; Nichol (s), Inkster, Cosgriff, J. Betten; Collett ts), Mitchell, Purvis, Lewis. Cars leave green at 1 p.m. SCHOOL COMMITTEE. The monthly meeting of the Waimate Primary School Committee was held on Monday night. Present— Messrs W. F. George <chairman), F. Allington, W. Duckett. W. T. Anderson, H. J. Jolliffe, J. T. Mills, H. V. Barford, H. Allington, W. Barry, and the headmaster (Mr A. Bringans). A letter was received from the United Friendly Societies enclosing a donation of 10/6 towards the Free Picnic Fund. The chairman reported that a profit of £7/1/9 had been shown on the sports meeting held on Labour Day, and a credit balance of £4/15/5 was shown on the dance held at night. It was decided that the sum of £5/11/9 be paid into the Free Picnic Fund. It was agreed that the second or third Thursday in February be sudmitted to the Railway Department for the annual picnic to Timaru. Mr Anderson asked if the present Standard 6 pupils would receive free tickets for the excursion as tnese pupils had done their share towards raising the funds, and a large number of these scholars would be either leaving the school or enrolling at the High School. After discussion it was decided that Standard 6 pupils be not included in the free list this year. In regard to the picture benefit to oe given by Mr J. J. Healey, it was recommended that it be held on the afternoon of December 9. The headmaster reported that for the last five weeks the attendance had been good, the average being about 500. Mr E. Cholerton, proprietor of John R. Procter, Ltd., the Premier Opticians. Christchurch (established 1877), will be making the next regular professional visit to Waimate on Saturday, 9th December, 1933 The Waimate branch office of the ‘Herald” is situated in High Street, the telephone number being 188 Our representative at the branch is Mr J Sherwin, to whom payment of accounts may be made, and all inquiries relating to advertising, printing, or papers referred. The retirement for health reasons is announced of Mr C. A. Thompson, manager of the North Dunedin branch of the Bank of New Zealand. Some two years ago Mr Thompson was badly burned about the face by ammonia which was thrown at him by a man who attempted to rob the bank’s office at North-East Valley, where Mr Thompson was on duty at the time, and since then he has been in indifferent health. At one period Mr Thompson was stationed in Timaru.

RADIO PROGRAMMES

WEDNESDAY, NOVEMBER 8. 2YA, Wellington. 2.0: Recordings. 3.30 and 4.30: Sports results. 5.0: Children. 6.0: Dinner music. 7.0: News. 7.30: Lecturett, “For the Home Gardener.” 8.0: Recordings. 8.40: Dr. Guy H. Scholefield, 0.8. E., “World Affairs.” 9.0: Weather. 9.4: Recordings. 3YA, Christchurch. 10.0: Recordings. 11.0: Talk. 11.15: j Recordings. 1.0: Relay from Riccarton of the Canterbury Jockey Club’s j meeting. 2.0: Recordings. 3.0: Classical hour, j 4.0 and 4.30; Sports results. 5.0: Chil- j dren. 6.0: Dinner music. 7.0: News. 8.0: Studio presentation ol “A Night j in a London Variety Theatre," by Miss Marjorie Bassett and Company.