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BRECONSHIRE HID-STTMMER ASSIZES.

NISI PRIUS COURT.

Davis v Jenkins.

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Mr. Giffard, Q.C., and Mr. Bowen, instructed by Mr. De Metina, appeared for the plaintiff, and Sergeant Pullin and Mr. Rees for the defendant. Ann Davies, wife of plaintiff, who resided at Llanelly, Carmarthenshire, deposed that they heard that Mr. Jenkins, the defendant, had some farms to let in the neighbourhood Mr. Jenkins resided at Marchoglwyn she went to Mr. Jenkins about the farm, her brother-in-law had had the amount of the rent; she went over the premises she went and told him the premises were in a bad state he promised to repair it, but did not do so the rent was £50 a year they took the farm in 1862, on conditions that the landlord did all repairs there were some workmen doing the repairs, but the beast-house was not repaired until the winter 1864; the last winter they lost five cattle the reason they died was that they had no cut-house to put them the barn was also in a bad state they lost about £5 or £6 in consequence of the wet getting into it they spent about X50 a year for draining, liming, &c., and if they had to keep the farms they would be able to get the benefit of it, X20 a year for Gellydoc and X20 a year for Brynwhicket. The Court then adjourned until half-past nine the following morning. TUESDAY. Wm. Rosser, Llanelly, land agent, deposed that it was the practice to compensate for in exhausted manures, including lime; he had frequently seen the allowance made that would apply to a tenant from year to year; there would be no allowance made for liming, if two crops were had off the land it was not usual to allow tenants tor drainage or hedging, in the parish of Llwynon. Mr. Griffith Evans, farmer; deposed that he had been a farmer for the last thirty years he lived in the adjoining parish to Llwynon the landlord usually allows the tenant for the improvements he may have made he knew the allowances to be made many times he never was in the employ of Mr. Parry, solicitor, Carmarthen he never asked Mr. Parry for any money, because he never owed him any. Steven Evans, Llangyndair, within a mile of Llwynon, deposed he had resided there the whole of his lifetime, excepting three years; he knew the land of Gellydoc and Brynywhicket; he knew the piece of land which was drained by Mrs. Davies it was full of gorse, rushes, and bushes it was much improved afterwards the custom was that the.tenants should be allowed by the landlord he knew of cases of the kind, because he had valued improvements when asked to do so. John Rees, farmer, Gellydoc, Llanelly, deposed he had been born in the neighbourhood of Llanelly; the landlord paid for improvements, and arrange- ments are made with the incoming tenant, who pays with the permission of the landlord. John Lewis, farmer, deposed he worked for the plaintiff in 1862; he was to go to Gellydoc with his family, as soon as the house was put in repair; the plaintiff allowed him two shillings per week for nearly two years plaintiff lost four yearling cattle, and one two year old heifer, they died from surfeit. Sergeant Pullin then addressed the jury, and called Mr. Jenkins, defendant, deposed he let the farm of Brynwhicket, to Mrs. Davies, who acted through- out the whole transaction; he had not seen Mr. Davies at all; he had agreed to build a pigstye, a cart-house, and a cow-house, the roof on the barn and the stable was quite new, the calves cot is new he sent masons to the farm who did all the work that Mrs. Davies ordered he never agreed to do any repairs to the buildings on Gellydoc farm Mrs. Davies never made any claim for any loss she had sustained by the loss of any cattle he never had any claim made for any improvements made by any of his tenants,; neither did the plaintiff pay anything on entering the farm; the house at Gelly- doc was used by the plaintiff, as a store house for turnips and other purposes be therefore stopped the repairs at once, as the damp from the turnips was very injurious to the premises he did not get more rent from the farm at present than he had before, as he did not consider the farm any better than it was before. Evan James, carpenter, Llwynon, deposed he had been repairing Brynwhicket for Mr. Jenkins, he had been putting a new roof on the cow-house, in 1864 he did the new timber work, and it was roofed with pantiles there were two holes in the roof; Mrs. Davies never complained that the cattle had died because the roofing was bad he did repairs at the dwelling house when he went to the house at Gellydoc there were turnips in two rooms he told Mrs. Davies to take them away before Mr. Jenkins came there, but he came and was in a bad way the first repairs he did was in October, 1864, it was at Gellydoc. His Lordship having summed up, the jury re- turned a verdict for the defendant. ANTHONY v. THE BRECON MARKETS COMPANY. Mr. Giffard, Q.C. and Mr. Rees appeared for the plaintiff, and Mr. Bowen and Mr. Hughes, instruc- ted by Mr. Cobb, for the Markets Company. Mr. Joshua Anthony, plaintiff, deposed that he was lessee in Breconshire and Monmouthshire in 1864 he attended the sale of tolls at Brecon, on December 14th they were let to him by auction Mr. Hall the auctioneer read the conditions, and Mr. Cobb read the table of tolls, and stated that all the butchers were agreeable to pay the amounts specified he sent for men to collect the tolls, one from Carmarthen and the other from Monmouth Davies from Carmarthen sent to him (plaintiff) sta- ting that he could not get possession of the machine; he (plaintiff) sent to Mr. Cobb to complain that possession could not be got of the machine he never bad possession of it; the profit would be about £ 30 his loss on the slaughterhouse would be about £50 for the year; Mr. Cobb sent a letter to him that if he did not pay the July instalment, a writ would be issued he plaintiff sent in a claim for half-a-year's compensation Mr. Cobb sent a letter and stated that he would issue a writ if the instalment was not paid immediately a writ was accordingly issued, and he came to Brecon to settle with Mr. Cobb he considered that he should pay £30 for the machine, and £5 profit, and for the slaughterhouse £50 and £10 profit; he had not included the rates in that amonnt he took the whole of the tolls of the borough he had the offer of the machine in the end of August he did not refuse to take the machine he told Mr. Cobb in the end of August, that as he had got the machine so long, he had better keep it to the end of the year he told Mr. Cobb that he was very much taken in by not having the slaughterhouse, that Mr. Lee and the Board of Health would not allow them to slaughter there. Henry Lee, superintendent of Brecon, deposed that he was the inspector of nuisances he had in- structions to prevent parties from slaughtering in the new slaughterhouse as much as he could he found Elijah Trew killing a beast there he after- wards saw one Thomas Powell kill there the butchers made this known amongst each other, and they did not kill there because they were afraid of been summoned by him the slaughterhouse is in Market-street, at the back of the Market House the Cattle Market is at the other end of the town; fat cattle are brought to the cattle market for sale; there is no water or drains at the new cattle market. I John Morris, chemist, deposed that he had been a member of the Corporation and Board of Health for the last ten years and upwards, the new slaughterhouse was erected in a populous street in the town, and. the Board of Health refused to grant a license for using the slaughterhouse the inspec- tor of nuisances received instructions to prevent any slaughtering done there. Evan Davies, deposed that he was lessee of the Carmarthen tolls he came to Brecon on the Mon- day after the tolls were let; he did not get posses- sion of the machine he went to Mr. Cobb about it Mr. Cobb said that he could not have it as it was not in the taking, but it was in the taking. David Thomas, deposed that he came from Usk to Brecon to look after the machine he brougt his furniture and family here, could not get possession of the machine, and went back in a fortnight; the plaintiff paid him about £3 to £4 for expenses. Evan Williams, deposed that he was collector of tolls for the plaintiff in 1865 he received from £ to £3 from the slaughterhouse during the year; he went to Mr. Cobb about the machine Mr. Cobb said he could have the machine about the end of July; but Mr. Anthonv would not have it before that; Mr. Anthony desired him to take a summons against a butcher named Drinkwater. This closed the case for the plaintiff. Mr. Cobb, deposed that he had the sanction of the corporation to the construction of the slaughter- house, but had lost the document. Cross examined.—He said that such was the case signed by the town clerk, on the motion of Mr. Alderman Thomas, seconded by another member. According to the 65th sec. of the market act, it was not for the use or consent of the present slaughter-house, but for the market committee to erect slaughter- houses, with the consent of the corporation, but they had no plans laid before the,, thinks it took place in 1863 or 1864. The cattle market is situated in Free-street, near the Neath and Brecon railway, about 400 yards b'01'! that hall, the slaughter-house is west from the hall, and about 400 yards from that hall a great many sites. was talked of, the vacinity of the cattle market is principally my own, the sight of the cattle market was sanctioned by the act. The railway company has purchased a great deal of the land of his in that vacinity, but there are other houses on the other side. There is a field where there could be a slaughter-house H \a there are no houses there. The present slaughter-house is bounded on the north by a tan- pit, there are houses on one corner near the slaughter-houses, on the west by the river Honddu, on the south by a yard and private house of his own, and his private slaughter-house, on the east by Horn-lane, and the meat market, the houses are within a hundred yards, within 200 yards there is a considerable population, his man may have had the printed paper of the prices of the weighing machine. Re-examined, the dead meat market is adjacent to the present slaughterhouses. The slaughter-houses are flagged and well supplied, with water, and drainage into the river which is the town sewer, there is no general system of drainage at the cattle market, the present position of the slaughter-house he considered the best in the town; there has been no complaints made of it. His Lordship, in summing up, put three ques- tions for the decision of the jury :-Ist, Was the sum of S15 paid into court, sufficient in respect of the loss the plaintiff sustained as to the weighing machine ? 2nd, Was the situation of the slaughter- house as near as conveniently might be (beino- the words used in the special Act) to the cattle market, and in determining which they would have to con- sider several circumstances in connection with it, viz., drainage, a supply of water, public health, &c.? The third question for their decision would be, supposing that defendants had no right to let the slaughter-house to the plaintiff, (which beino- a legal point with which the jury had nothing to do, but which would be reserved for legal decision,) what contingent damages had he sustained? The jury retired, and after consulting for a short time returned into court and returned a verdict for the defendants on the two first questions put by +S Jon P' an<^ assessed the contigent damages tit jjZU. =-

j CRICKET MATCHES.

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