CIVIL BUSINESS.

Wanganui Chronicle, Volume XXXVI, Issue 11659, 11 October 1892, Page 2

CIVIL BUSINESS.

(Before the Chief Justice?' Sir James Prendergast.) TJIMITEBINI AND OTH.3BS V. J. CULLINANE. This was a claim brought by the Maori landlords of a : iarm of -600 aores at Upokongaro to recover from the tenant iSSOO as damages caused by the overgrowth of gorse. . Mr Barnicoat appeared for the plaintiffs and Mr Fitzherbert defended. For the plaintiffs it wa3 stated that the farm was let on lease to the defendant on Ist July, 1871', for 21 years. The defendant, denies that any lease was ever executed, and' that produced by the natives does not bear his signature, either on the original or on the counter part. Shortly after the commencement of the tenancy Mr Callinane planted gorse hedges around the land and also subdivided it in the same manner. J?or a time these hedges have been allowod to grow wild, and now the gorso has spread in patches over uiost of tlio land. The plaintiffs' claim is based mainly on tljo implied covenants that tlio farm would bo yiolded up in good and temin table repair. The lease produced did not make any provision for' the repair of fences, and tho 'only allusion to thorn is a covenant that the tenant shall not fail timber except for the repair of fences. The plaintiffs' claim is for tho cost of grubbing up the fur^o and erecting foncos, ps they state that when the gorse has been removed thero will be no fence, whereas if the land had beeti kept in a proper state of cultivation, it woutd be well fenced and free frqnj gorse. The whole of the day was occupied with the evidence for the plaintiff, all of which was intended to show the probable cost of clearing the land. The case for the plaintiffs was concluded at .5 . p.m , when the further hearing of the matter was adjourned until the 28th November.