BEAUTIFYING SOCIETY

Hauraki Plains Gazette, Volume XXXII, Issue 4323, 28 September 1921, Page 2

BEAUTIFYING SOCIETY

ALLEGED TRESPASS. The case of Paeroa Beautifying Society y. John Walls, alleged trespass, came before the Paeroa S.M.. Court yesterday. . Mr J. L. Hanna appeared for the Society, and Mr J. F.-Monta-gue for defendant Walls,. Walter James Enticott, secretary of the Paeroa Beautifying Society, describing .how he had been informed of horses being on the Methodist Church section, and had found out that some of the animals belonged to defendant.

In answer to Mr Montague, witness said no material damage had been done on -that occasion.

Mr Montague said defendant’s horses were in the paddock at 6 p.m.; the whole point of the case was that defendant was charged With having "allowed” his horses to trespass. .His client did not “allow” or "permit ’ the horses to wander. His Worship : The stock may have been put in the paddock, but an owner is liable for the wrongful act of another party if his ’gate .was opened and the stock let out. It is incumbent upon the owner to padlock his gate.

Defendant Walls said it was an accident that the horses were out, and could not have been missing more than a quarter of an hour. After referring to the borough bylaw, His Worship said the words "permit” or “allow” meant that a man had -to secure his gate so that another party could not open it. It was, however, a case of hardship on the defendant, though he quite approved of Ahe aims and objects of a beautifying society.—Convicted and fined the £2 already paid to tthe Council in poundage fees, and 7s costs.