DAMAGE BY PIGS.

Taranaki Daily News, Volume LII, Issue 72, 21 April 1909, Page 4

DAMAGE BY PIGS.

A VVAJTAIvA APPEAL ITUELI). Mr. -Justice Chapman .has delivered judgment iu the appeal by -lohn lialfour Maliin from'the decision of Mr. 11. S. Kitzhvrbert. S.M.. in the case Topliss v. Maliin. heard in the Waitara S.M. Court. Mr. HuU-lien appeared for the appellant. The respondent, as pluintilf in the Magistrate's Court, had judgment for £5 for damage done by appellant's pigs on his uufenced land. The damages assessed had no reference to the rates mentioned in the first schedule. o[ the Impounding Act. limti, and were awarded upon the assumption that the respondent retained some common law right. Section 3 of the Act. said his Honor, ■barred all recovery <d damages for trespass by cattle on unfeneed land, except in tin- ease of pig-, which were generally hv the Act classed as cattle. This, apart'from the exception, entirely destroved the right of action. Section li. with regard to fence! land, left to he landowner the option of claiming the rates in the schedule or proving and recovering the actual damages suffered. That had no application here. Su'tion 14, referring expressly to the ci-f of pig-, excepted by section .1. u-.ive the aggrieved party i.-i such ; , en-." the right to recover tlic rates -vt out in the second schedule. These provisions appeared to necessarily preclude a plaintilf from recovering special damages when found to have arisen out of the trc.pas-e. hj, pig- on imfcm-d land. This did not destroy Hie option given to the owner of fenced land under section li. and i.illieted no Imrdshiii upon him. Tlic giving of damages to the owner Of uufcuccl 'laud iu the ca-c of pigs or goat- Wiis no doubt intended to compel the owners of such animals to keep within bounds. The appeal was allowed, with CI Is costs and dixliurseuu'iit.s.