MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 2316, 28 December 1889, Page 2

MAGISTERIAL.

ASHBURTON— FRIDAY. [Befota Mr 0. A, Wray,K.M., and Meeors ■N. G. Reea and O'-She» Lawloc J.P.V] ALLE«?D ILLEGAL IJIPOUtf PINO. Alexander Turner was charged with having illegally impoanded certain horses aud sheep, of whioh ReubeD Oarpendala | was the bailee, nnd the latter also sought to recover the amount of damage caused him by the sieged illegal act of the defendant — Me Pucnell appeared foi tho camplalnaut and Mr Cilsp for the defendant. •-Mr .Parnell opened the case for the complainant. He Bald that some years ago Turner, by arrjugement with Messrs On and Alcoru, took a farm at Aahbarfcou Forks, but bufoeo he oonoiuded the pacobaae> he became bankrupt, and the land pjß3ed baok to Mr Or r. Tarnar was allow el to oooupy for «ome time and then the property was sold to Oatpeudale, 1 farmer objaotlag strongly to going. The proptrt? wa« bisected by a strip of ! Grown Lands, leased by the A ford Estate | Compauy, and as the strip of raid was o* no use to the cbmpauy, kiie m^Gaget had allowed tha ooouplers of tha property m question to me It. It had been ao used by Turner and after b(m of course had passed to Oarpandale. Tatner parniated In his right to this atrip of Grown Lands though the manager of the Estate repudiated It and any olalm he might have had was extinguished by his hrakruptoy. However, a ahort time ago when Oarpendale's horses and sheep wora grazing oo this lanJ, they were seizad under Tamer's direction and impoanded, henos the psaBent actbu. — Evideucj waa o»lled as follows ;— Reuben Oatpondalo said that he waa 000-pym^ tha Ucai formerly hold by Turner. He h»d agreed to bny the freehold of the farm, whioh was out into two portions by a strip of Grown L»nds under lease to the Alfoed Estate Company. The manager of the Company had given witness permission to ose this land aud the Waste Land Board had oonsented to his occupation. On the evening before the impounding he had 17 bead of cattle, 14 horsaa and ab:at 600 ah:ep on bis property, Some of the animals were on the freehold, and some on the Grown land. Early on the following morning he heard a disturbance among the sheep nnd getting up he found that all the botses and 320 of tho sheep hai gone. He found taat s x wlrss m one of his fenoei had bean oat with a file and the wires bent back , the horses had beoo driven through this. On another road the same thing had been dooe, and the sboep bad been driven through this gap Inside the farm two fences bed been oat through, Aa a reEnlt of enquiries he went to the Mount Bomers pound where he found the nhuep and eleven of the horses, lie had to pay £15 14s 3i to release the animals, fly h^d to pay £9 odd for «« damage to a crop of oats." There won no crop of oats on the farm except a small exteut of aaif grown outs, whioh was of no v*lne — By Mr Oritp : First went to the farm aboat a month ago. Did not know anything aboat the former oconpanto of the strip of Grown Lands. It would have boon possible for the horses aod sheep to have got on to this strip. Turner bad spiken about fencing this land; witness agreed to foacu his balf when Tomer proved hU title to tha land. Wltl ness did not consider Turner had any right to it. He psld tie fees to the *' pound keeperess." — Wm. Campbell said ha lived oexk to Oarpendale's. He knew Tomer and MoAv»y. Saw them on Thursday last, eatly In the morning, They were driving a number of horses, an i were oomtng ftom the direodon of Oarpendde's. Knew some of the horsei to be Oarpendalo's.— By Mr Orlsp : Knew the* a man nafnied Rudoiok claimed the ntrlp of lasd. Did oot know if he sold it to Turner. Witness was not o«i friend'y terms with Turner.— Catherine Fergnu, wife of tbe Mount homers poundkeeper, said that on Thursday, December 19, Turner, MoAvey acd Primmer came to the pound with horses and sheep. Turner direct. d that 23 6d a head on the horses and 6J ahead op tho sheep ehonld be charged for damages to a crop of oats. He also olaimed driving feep. (The ponnd-book was produced), Oarpendale later on olaimed the horses and paid the amount oharjred, £15 4a 3d, under protest,— -By Mr Orisp : Bemembered a man named Buddick He Impounded Turu^'a catt o oil the same land somo two years ago.— - E. lierring, manager of the Alford Estate, said chat ino'.uded m the lease of hia cotopany, vrae a atrip of land ruoniDg through the farm now m the occupation of Oarpendale. He produced a letter from the Commissioner of Grown lands showing that this strip was part of the land leased by the company. Some time ago when lluddlok and Turner were In , constant litigation about this land, witness gave Tomer authority to occupy, but that authority terminated with his bankruptcy. Witness had now leased the land to Oarpendale and the Land Baard had consented to endorse the lease By Mr Orisp: Witness believed Raddick occupied ! the land for some years. Had nothing to do with any transactions between Rud'lJck and Turner.— John Orr laid that his firm In 1887 agreed to sell the farm now occupied by Carpendale, to Turner. The latter never cono'uded the purchase, and at the time of his bankruptcy the farm reverted to witness' fiim. Turner had a crop m when he filed and he w*a permitted to remain till the crop viag harvested Witness allowed Turner to remain some lime longer, but finally had to take legal proceedings to get him to quit. He then left, and wHneaß disposed of tbe farm to Oarpendale.— By Mr Crisp ; Witdid oot set up any right to the strip of Orown lauds.— J, R. Oolyer, olerk of the District Court, produced the papers m bankruptcy of Alex. Turner. — Mr Orißp having opened the case for the defence oiled Alexander Turner, who said that he had occupied the strip of Governmeut land for a couple of years. When he went on the farm, he made enquiries as to the land and found that it bad been out of the occupation of the company, for 14 years. Ho obtained permission from Mr Herring to occupy the land, but Huddiok, who former y occupied it impounded witnedb' cattle and witness had to givo £100 for Rudd|ok's interest. Neither Mr Herring nor Kuddiok had revoked their permission to witaess, and be presumed that he was still the rightful occupier. Witnesi found the horses and sheep which he impounded on the Government I aod. They had eaten ofiE a crop of oats wbioh he had on the land. He opened the I fences at places he had himself made as \ gateways, but whioh Oarpendale had , i blocked up.— The witness was cross- ■ examined by Mr Furnell at considerable ; langtb as to what was his connection wiih the Government laud — This oonoiuded tbe evidence aud tha Bench ro tired to ooneiSer thoir decision.— On returning to Court the Bench said that they had decided to allow the complainant £1 damages, and to order the refund of the I) mount ho had paid to release the stock from the pound with oosts, m all £21 17s 3d. Tha charge of illegal impounding was dismiised but the Bench cautioned tbe defendant as to his future hehavtoVlr, CIVIL OASES. A, Dawaon v H. C Wiyamsoh claim £20 10* §i. Mr Purnell for plaintiff, Mr Cuthb'ertson ibv 'fih'e defendant. The olaim was admitted and judgment was accordingly giVen for plaintiflf. The Oourt then rose.