RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume XI, Issue 947, 9 August 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, August 8. (Before W. H. Revell, Esq., R.M.) Chimney on Fire.— Richard Murphy was charged on the information of Sergeant Moller, that he wilfully set fire, to the |chimney of a house on Richmond Quay, occupied by Margaret Scanlan. The witness, Margaret Scanlan, was called on her summons, but did not appear. A warrant was ordered to issue for her apprehension, and the cas© was adjourned to the 17th insfe j CIVIL CASES. ... ;;, Carlisle v. T Tapscott— -Judgment for amount claimed and costs. : ' ' '." Lawson v. Mary Hatly, German Gully. —Adjourned to Mabri Gully Court, on Wednesday, ;the 16th inst. M'Kenna v. Sheedy. — This was a claim of L3O for the detention of a dog. The Clerk stated that the case had been withdrawn that morning. Mr Guiimesi appeared for the defendant,; and stated that he had received no notice of withdrawal, and had; comejthere ; with his client and authorities for the defence. He churned costs, and quoted, as art authority, a decision in a similar case, which had been given by Mr Justice Chapman^ arid reported in that morning's Argus. The Magistrate allowed one guinea professional COStS. .:• ' George Frederick Maxwell v. Samuel Hill.- This was a claim of L4O "for that on divers days and at divers times between the 25th day of November, 1870, and the commencement of this action, upon and near the farm of one C. S. Browne, on the Grey River, the defendant allowed his dogs, after notice of their vicious character having been given, to kill seven of the plaintiffs pigs, and to worry, tear, and injure others, to the number of about 13, causing great damage to the same, whereby most of them have been rendered unfit for use." Mr Guinness appeared for the plaintiff, and Messrs Perkins and Newton for the defendant. George F. Maxwell said Charles Sydney Browne had charge of some pigs for him since January, 1870. In November or December last, in consequence of information received, he told Mr Hill that his dogs had been worrying the pigs and severely injured them, and that he must tie up his dogs, or do something else, or it would lead to serious consequences. A week or two after he saw the pigs, and found marks on six of the pigs of their having been torn about the ears, and his opinion was that the injury had been done by dogs. Their legs and bodies were scratched or bitten. Some time afterwards Browne had again spoken to him, on the subject, and on going "to the place he saw three that i had" ' been worried about their heads and\ a number of others, crawling about having worried nearly to death. One died a • few days afterwards. Charles Sydney Browne said he occupied Section 7798 on the Grey River, andliad taken charge of some hogs there for Mr Maxwell: ; Towards the end of November he had 51 altogether. The old ones belonged to Maxwell, and they divided the young ones. One morning in November he was aroused by a noise, and saw one of Hill's dogs worrying a hog very badly. He went to Hill on the subject. He said • he was sorry, and it would not occur again. A few weeks after two of Hill's . dogs got at the pigs, and destroyed one of the .small , ones, valued at Ll. ' Went to Hill and got tho same answer, and from that time up to this the same thing had occurred aluiost* daily. A sow in 1 pig valued at L 4 was killed through having been worried. A few days afterwards the. dogs destroyed another, and drove two away that were never afterwards seen. The one destroyed was the, moat valuable of the lot, and valued at Lsor L 6. After that he found a sow dead in the bust which he valued at the same amou 7 nt.

The two driven away were worth L 4 each. To his knowledge Hill's dogs had worried and injured the pigs between fifteen and twenty times, and when he complained he was generally laughed at by the defendant. In May last, another valuable sow, heavy in pig, was soJ)adJy torn^ajfcgut the head that bM died7 rr lßne*waa worth L 7. He had 10 sows in pig, and -not one pig had been received in consequence of the manner in which the pigs were worried and torn by the defendant's dogs. T?Kose that were still alive were so much torn that they were very much, depreciated in value. He estimated tile total damage-' done at . over Ls(£ The defence was continued trespass on the defendant's property by the 'plaintiff's pigs, which were a perfect nuisance and annoyance to the neigborhood ; and that plaintiff's agent, Browne, had ; given|the defendant leave and license to send* his dogs after the pigs whenever he found them trespassing on his property. A number of witnesses were called to prove the facts. The Magistrate Baid that the damage sued for had extended over along period, and a great portion of it had been condoned by Browne having neglected to take the necessary steps at an earlier date to protect himself ■. Browne had nd ; right to allow the damage to go on from' day, to day until it amounted to a very serious item . He should, in the first . instance, .have tried to put a stop to it, and -not ' have allowed it to go on for< eight Jor nine months. It also appeared that the plaintiff kept a large stockof pigs there, iwhich wore allowed to wander at large, folthe injury of the neighbors' property^^ll that was no" excuse for HiU "to" Keep* clogs to worry the pigs ; he had his remedy, and should have taken it, to prevent the injury and trespass on his property being continued. Under all the circumstances of the case he would give judgment for the plaintiff, L 5, each party. to pay hia*ojm costs of Court. . . .:, , /, ; , ; | #