AN INTERESTING ACTION

Pukekohe & Waiuku Times, Volume 9, Issue 500, 27 January 1920, Page 4

AN INTERESTING ACTION

BY>fQS. jL interest to the farming cbmjpjinifjiwas called at the Magis-' t/atrs Court on Thursday last, Mr. F. K: Hunt, S.M., presiding, when J. sought to recover^irolff^t.^? 1 Hely and his wife, Adelaide Hely, £25 damages, alleged %o have been done to crops On on Beatley's Rold, Pukftlipj»lS|"' .j. . |'• The statement of that plaintiff claimed £lO ages to one and a-half acres of swedes, £5 for damages to a patch of potatoes, and £lO for damages to an acre of potatoes, caused by pigs rooting the crops, and fowls. The case was partly heard, and Mr. W. P. Endean, for defendant, raised" a non-suit point to thfr effect that the action for damages claimed would not be because of the pensions contained in the Impoundiftj|~ Act, 1908, and the Fencing Act, OTOB. It was contended, on behalf of the defendant, that if plaintiff had any claim in respect of» trespass on any jinfenced land, such claim for trespass rates under the IljlJttVßdiilg Act, 1908, and not for damages at common law. In order to review the whole facts of the respective Acts, the Magistrate adjourned the case until next Court day, the respective counsel, Messrs. Percy Basley and W. P. Endean, to review the facts of the Act also. It depends on the decision of the present action as to whether further! similar cases will be brought in. !