SUPREME COURT.

Wanganui Chronicle, Volume XXXVII, Issue 11782, 15 April 1893, Page 2

SUPREME COURT.

FIUDAT, lI'TH Ar-RIL, 1893, Civil UusincHs. (Before His nonor Chief Justhe Sjir Jamfi3 Prondorgast ) EIJIITERIA AND OTHERS V. J, CULLINANE. This was a claim brought by the Maori landlords ot a f-irm of GOO acres at Upokongaro to recover from tho tenant £500 as damages caused by the overgrawth of gorse. The case was commenced at the last session of tho Court in Wanganui, when the evidence for the plaintiffs was taken. Briefly summaiisod tho claim arises out of 1119 tenancy of a farm which the plaintiffs say was lot on lease to tho defendant on tho Ist of July, 1871, for 21 years. Tho defendant denies that any lease was evor executed, and that prodneed by the native 1 ! doss not bear his denature, either on the original or on tho counter part. Shortly after the commencment of tho tenancy Mr Cullinane planted gorso hedges around the land aud also sub-divided in the same manner. For some time these hedgos hare been allowed tq grow wild, aud now thegorte has spread in patches over most of the land. Tho plaintiltV claim is based mainly on the implied covenants that tho farm would be yielded up in good and teuantable repair. Tin lease produced die} not manoany provision for tho repair of fences, and the only allusion to them is a covenant that tho tenant shall not fell timber except for t'lo repair of fences. 'lh.e plaintiffs' claim i 3 for tho cost of grubbing up tho furza and erecting fences, as they stato that when the gorse has beon reino"ed there will be no fonce, whereas if the land had been kept in a proper state of cultivation it would be well fenced and and free from gorse. Mr Barnicoat appeared for the plaintiffs and Mr JTitzherbert defended. For tho defence Mr Garrott gave ovidoneo as to the survey of tho block, tho position of tho boundaries as laid down by the surrey, and tho position of tho fences which had beon erected. Mr Ciillinane spoKO as to tho state of the land when he •,vont into occupation, as to tho improvements he had made, and as to the state the land was in when he left, and how much would be required to put thn fonces in order. Messrs E. A, Campbell, A. Higgio, W. Bamber, J. E. Wilson, and J MeUrepor, all of whom had inspseted tho land and fences, t'avo evidence as to the condition of the fences aud as to the amount of stray gorse on the place, and the cost of grubbing and cleariug the gorse. Tho price for the first grubbing was variously fixed at from .£3O to ,£7O or XSO. The case for the defence was concluded. Argument will probably bo talcon hore if time permits.