MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1736, 10 January 1888, Page 2

MAGISTERIAL.

SOUra RAKaIA— MONDAY (Before Mr D. G. Holmeß, J.P , and Mr 0.A.0. Hardy, J P.) CIVIL OASES Pearoe and Dowling v W. Baroook •— Claim for damages for Illegally impounding 37 pig*, Mr Olayton appeared for plaintiffs, Mr Cuthbertaon for defendant. Mr Olayton, 'opening the case, Bald Mr Barcbck had no right whatever to impound the pigs, as he waa not legally the ooou pier of the land. John H. Baker, Commissioner of Grown Landa, produced a plan ahowlog the l#nd m question, whioh la situated between the oohool reserve and the Rakaia river. Had warned Barcook that he was liable to a penalty for cropping Crown lands (Mr Cathbertson objeoted to the evldenoe, as plaintiff wai not preient when the oonvereatiou took place.) No application had been received for the nae of the land ; application would have to be made to him. The land waa n)t planted when he •poke to Biroock. The Sohool Committee bad no right to give any permission, Oroßß-ezamined : The sohool blook continaes about 11 chains baok The fenoe Ii very near the correct boundary. Laurence Oxley : Waa a member of the Sohool Committee. No permission had bean given to Biroook to occupy the land, •a the Committee hid nothing to do with it. John Peaeoe : Produced reoeipt for £5 17b 63, paid to the ponndkeepr for damages, pound fees, etc., for 97 pigs released from the pound. Released the pigs. There was not a boar amongst them. Usually kept his pigs m the slaughter yards. Had many other pigs besides the ones impounded. T. Dowling, served Mr Baroook with a notice on 31st Deoember. Had been to Baroook's home, but oould not find htm. The pigs sustained damage m being driven to and from the pound. 7\ I 1 I I I I I i I

Ocoßß-examlned : Never received an] notloe from defendant that pigi wen trespassing on hli property. The land ii question is about a quarter of a mile fron the slaughter Jjhouse.jJlTaeftboar .was nol Impounded. G. Shellock, pouadkeeper : Assisted defendant to Impound the pfgs on Deo, 28th. Did this In oonseqaenoe of a conversation ha had with defendant on Dee. 27th. He did not Impound the ptgi himself, defendant assisted him. Removed them as the poundkeeper. He really did not Impound the pigs. It was done by W. Btroook. Notice stating thld to be the case was forwarded to the ownars of the pigs. Croat-examined : There was'a pig badly out amongst the number. Kaew from defendant that he was In occupation of the land. Had onoe leased the land for a short time some 11 years ago, when Mr Poyntz was Ohairman of the Sohool Committee, Mr Outhbertaon, for the defenoe, said there was no case to answer. His client was m oooupation of the land. Thore wan no doubt that a boar was amongst the pigs Impounded, and this sorely must have been legally pounded, He contended the ohwfco was Illegally Impounding 37 plgn, whereas the number wasonly 36 and a boar, and the Information was bad. Defendant bad obtained permission from every member of the, Sohool Committee to use the land.

William Barcook, defendant, sworn : Admitted impounding the plge. He had permleeion to use the land from Mr Turner, a member of the Committee. Mr Broadbent had also given him permission. Mr Pyko and Mr Oxley had also stated they had no objection, The latter stated tbat the Committee had nothing to do with the land, and he (defendant) might as well go and ask a Ohortsey resident's permission. The piga bad trespassed » number of times. He estimated the damage done to his potatoes at from £9 to £10, Oroas-exsmiaed : Ho had no landlord. He held no authority to occupy tin land, but that given verbally by the members of the School Committee. Nothing was said between the podndkeepsr and himself about a boar being amongst the pigs. He had beard Mr Baker state t^«t he (defendant) was liable to a penalty of £60 for cropping Crown Lands,. J M. Bioadbent gave evidenoe. Judgment for plaintiff for £5J 17s 6d, eaoh parly to pay his own costs. Defendant asked for time to pay, and was allowed \,vo months. IMendaot saked the Bench if he had any clam} to the crops growing on the land. He was tefetp4 to the Uommlasionwr of VJejwo Inn \9. ;. Hoa'ca and Dowlia^ Tj|D.|tDirtoo^— I*MU £2 X6j, |k J u4 ,wont by tiofaqU,