RESIDENT MAGISTRATE'S COURT, Feb. 2.

Lyttelton Times, Volume II, Issue 57, 7 February 1852, Page 6

RESIDENT MAGISTRATE'S COURT, Feb. 2.

Before Capt. Simeon, R.M., and J. It. Godley, J. E. Fitzgerald, J. W. Hamilton, and E. J.Wakefield, Esqrs. Hopper v. Hornbrook.— The plaintiff in this case sought damages 20/., for the trespass of defendant's sheep upon his pasturage run. Thomas Hopper "sworn: I have observed Hornbrook's sheep on my pasturage. On the 3rd of November, I saw them so on, and requested Lis man to move them off. They have continued almost without interruption on my pasturage up to the present time. For two or three days during that time 1 have missed them. [ have no doubt but that the sheep have been on eight weeks altogether. Hornbrook spoke to me about the sheep, and told me I ought to fence my run in. Not long since a boy drove his sheep on to my rural land, which is not, however, fenced. I calculate that 20Zis due to me. On Nov. 5, 1 first gave Major Hornbrook notice to keep his sheep off 1 can swear I have seen the sheep on my pasturage 50 days. I have counted two or three hundred of them, and reckoning from these I should say there have been at least 800 on. By Defendant: I am not aware that Mr. Heath gave you permission to use the run. 1 could not appl}' to you personally for compensation after the abusive language you used to me. Your scabby sheep spoil my pasturage for any sheep of my own or of another person's. I pay four pound odd for the run yearly. I know the boundaries of my run pretty nearly. I intend to keep cattle on it; of course I shall pay a person to look after them. It appeared to me that your sheep were made to trespass on my run intentionally. I have seen them on as early as half past four, a.m. I have seen sheep driven off my run on to Mr. Townsend's. 1 have calculated 20/. as the value of pasturage, though far below what was allowed on a late occasion in this Court. I reckon 800 sheep at Is. 3d. per score per week, for 8 weeks. There are marks in the sheep denoting scab, but I have not ascertained by personal examination that they are infected. By the Bench,—l know my-own run pretty well, but not Hornbiook's so well.- The runs adjoin ; 1 positively swear the sheep were within my boundaries. When the boy drove the sheep on to my rural section, I warned him off. I have a tracing of my run (Pasturage License and tracing produced in court.) Hornb-ook set me at defiance when 1 appealed to him. Richard Hayter sworn, —T am in Mr. Hopper's employ. I have often seen the Major's sheep trespassing on my master's run. I have warned his men of it. 1 did not know the exact boundaries of Mr. Hopper's run at first, but have since ascertained what they are. I have not pointed them out to Major Hornbrook or his servants. 1 did not keep account of the number of days the sheep trespassed. I could not count the sheep. I could not swear that any of them were scabby, but think they were, because I saw the wool come off. I gave notice on Nov. 30 of the trespass to Major Hornbrook's servant. By Defendant, —The message T gave to youi man was that the sheep were trespassing, and "that if not taken off Mr. Hopper would commence proceedings against you. Since I have been in Mr. Hopper's employ, I think the sheep have been on four days out of every week. Some days they have been off and on again. I should iudge'the number to be SOO. Alfred Hornbrook sworn, —I had 'permission from Mr. Heath to turn my sheep on to his run. On Mr. Hopper's complaining of trespass, I hired a boy to shepherd the sheep, and when 1 have seen them straying I have sent him after them, and ordere : him to keep them on my run. On one occasion only I was warned by Mr. Hopper personally. One message he sent to me was that legal proceedings would be taken against me if I did not keep my sheep off. One or two of my witnesses have left the settlement. I have 500 acres of pasturage besides 50 of rural land. I have 1200 sheep and lambs. I have leave from Hturbes, and from Day also, to let my sheep feed on their runs; their sheep 3ome.on my pasturage occasionally. 1 cannot swear that my sheep would not infect a run, nor that they are clean. Ido not understand the complaint sufficiently ; good judges have pronounced the Hock generally clean ; only ten or twelve sheen showed signs of disease when 1 examined them lately. Win Batnes sworn,—l believe that Major Homorook has done his best to keep his sheep on his own run. I was in his employ for 21 weeks up to January ,ast. I was warned one day by Mr. Hopper to desire Major Hornbrook to keep the sheen oil his rural land I have seen the sheep on Mr. Hopper's run. Major Hornbrook has a shepherd now, whose duty it is to look after the sheep continually I l,«ve driven the sheep back myself wnen rhey were straying. I s h ou! d think the who c time I have seen them on Mr. Hopper's run would make a week, not more. | ,] 0 not think the s»«ep are in « fit state to be turned on to a clean run, but 1 don't umierst.-md the disease enough to give a ueciced opinion. The sheep were generally

in the gully ;1 do not know whose run that is. I have seen scabby sb-cp belonging to Major Hornbrook on Mr. Hopper's run, but not within the last two months. (It did not appear in whose run the gully above mentioned was, the runs not having been fully surveyed.) The Court gave judgment for £5 damages, and costs ; the particular days of trespass not having been specified, which would have given the defendant an opportunity of disproving them i( he could, a general estimate of the damages could only be allowed,*