RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Times, Volume I, Issue 5, 1 August 1861, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, July 29. Patrick Dalton summoned Walter Clayton for the sum of £o, as damages sustained in consequence of defendant having shot two goats belonging to plaintiff in his (defendant’s) garden. Defendant stated that he found the goats destroying everything in his garden, and shot them. Had driven them out several times. His place was fenced against cattle.—Judgment deferred till the premises had been inspected. Yesterday, the Resident Magistrate, having inspected the premises, dismissed the case, after remarking that in all cases of this nature, where places were sufficiently fenced against cattle, no damages could be allowed if such cattle were destroyed when trespassing on such premises. Tuesday, July 30. M. Pilliet summoned W. Mnltby, as agent for Captain Eggers, of the Margarita Roesner, for detaining his horse from him. It appeared that Mr. A. McLean, having chartered the ship for two trips from Napier to Oamaru, offered to take Mr. Pilliet's horse, with others belonging to him at a certain rate. On arriving at Canterbury, some dispute arose between Mr. Pilliet and the captain, which ended in the former summoning the latter, and recovering £9 odd for breach of contract. He and his horse were there landed ; but Mr. McLean having offered to take it hack, Mr. Pilliet sent it on hoard in his name, and directed it to be left at Marshall's. Captain Eggers, however, refused to deliver it up, unless hi? claim for freight, amounting to ATS, was paid. This charge being resisted, the present summons was issued. Mr. Allen, on behalf of Mr. Pilliet, urged that whether the claim for freight was rigid- or not, Me.Lean being the charterer,

Eggers had no lien on the horse for it; but lie submitted that the tacts would not justify any claim for freight; and Mr. Pilliet and Mi. McLean having proved the foregoum matters, after hearing Mr. Malt by, who jus° tided the claim, the Resident Magistrate made an order for delivery of the° horse, without prejudice to Captain Eggers’ claim for freight.