FEILDING R. M. COURT.

Feilding Star, Volume III, Issue 51, 13 December 1882, Page 3

FEILDING R. M. COURT.

THIS DAY. (Before R. Ward, Esq., E.M.) H. Duke v Tapa te Whata. —Claim for L 6 11s 6d. No appearance of defendant. Judgement for plaintiff, with costs. W. Hammond v F. Flavi-11.— Claim for Ll os for damage done to plaintiff's property by defendant's pigs. Mrs Kenny, plaintiff's daughter, deposed : Saw a. pig eating plaintiff's poultry, but could not swear it ivus defendant's. Mrs Hammond, wife of plaintiff deposed : Had frequently seen defendant's sow on her husband's property, and also ■ •saw it eat one of their diu-ks. Jfad frequently requested that the pigs might be kept oil' the ground, but without effect. F. Kenny, son-in-law of plain! :ff, deposed : had frequently seen Ft range pigs on the ground, rooting it up, but could aiot swear whose they were. Defendant, address-ing the court, said ■the matter was simply s disturbance arising out of the fact that plaintiff had not done his share of the dividing fence. His Honor instructed plaintiff that he ought to have sent in his demand to defendant before bringing the matter into court, and advised both parties to .try and live in a more neighborly manner. Judgment for 5s and costs. K. Mullins v J. Whisker.— Claim for £5 for bush felling. Case struck r ut. F. Flaval vW. Hammond. — Claim for 1/2 for timber. Tliis was a cross-action arising out of the previous oase. Plaintiff deposed : had given defendant permission to take a certain quantity of timber but this had been exceeded. The ciaini had been sent in lo defendant, •which he had admitted. Defendant depj.->ed : had taken certain .timber from plaintiff's land for which he had offered a fair royalty which had been •refused. Did not know till after cutting ,the timber that he had exceeded the .quantity bargained for. F. Kenny deposed: The timber in <que»tion consisted of l(>0 posts, for which Id each was a fair royalty. He knew .nothing of any agreement between the parties. Both parties addressed the court at some length, after which his Worship gave judgment for royalty on lUO posts, viz., 8s 4d and costs. Loudon &, Huybittle vC. Baker. Case struck out. The court then adjourned.