RESIDENT MAGISTRATE’S COURT, TEMUKA.

Temuka Leader, Issue 3610, 5 April 1881, Page 2

RESIDENT MAGISTRATE’S COURT, TEMUKA.

Monday, April 4, 1881. (Before J. Is. Wood, Esq., R.M.) CIVIL CASES. Hubbard v. Dickenson—Claim, £24. Mr Jameson appeared for the defendant. Mr Jameson stated that the case was being heard in Christchurch but a portion of evidence was to be taken here. W. Ackroyd deposed : 1 am a butcher residing at Temuka, and deal also in pigs. Remember a lot of pigs coming here for defendant, and saw them. They wer e submitted afterwards to auction by Mr Gray, and I bought some of them. He bad sold some to Mr David Leach, and I bought them from him. They were the worst lot of pigs I had ever looked at, and were not fit' for bacon purposes. There were eleven pigs in all. I should 'think they were about twelve months old. Wild pigs are easily distinguished from others, and I believe they were wild ones. I paid 12s per head for them, but I think they were two dear at any money. I thought the feeding of them on offal’would have improved them, but it did not. Keith Forbes Gray deposed : I am an auctioneer residing at Temuka, and sold some pigs lately by direction of Messrs Matson and Co., Christchurch. I received a telegram instructing me to take delivery at the railway station of some pigs and to sell them. They were consigned Dickenson. Prior to selling them X had a letter from Hubbard to say that if Dickenson did not take delivery of the pigs, to sell them to best advantage. I then advertised them for sale. The account sales were rendered on 12th February, They were sold on or about 10th February public auction. They were rather an inferior lot of pigs, and for their quality satisfactory prices were obtained. They appeared to me to have been wild pigs, taken, then tamed down a little and sent for sale. I should not have bought them 1 for store pigs for bacon. It would have

taken a deal of feeding to have made anything of them. I sold them to Mr Leach, I think they were the best of the lot, and they brought 5s 6d per bead. I produce the account sales book. I sold fifteen at 13s ;jnine at 16s, and seven at 14s each.- . David Leach deposed : I am ajarmer,. and deal in pigs for all purposes. -Remember buying eleven pigs from Mr Gray, about 10th February last, by auction. They were rough, and had been wild pigs. They were three parts grown. There was one boar and the rest were barrows. X should not have cared to have fed them for bacon purposes as they would have required too much. I thought they were worth more than the price I gave for them. I sold them afterwards to Mr Ackroyd at 12s per head, which I considered their full value, and more than I could have taken out of them. If I received an order to purchase store pigs for bacon purposes I should not have sent these. I speak of the whole lot. If I had got an order for store pigs, without reference to bacon purposes,. I should not have sent them. G. Dyson v. Pratley and others—Claim 3s. Mr Jameson appeared for the plaintiff. Joseph Spooner, deposed: 1 know defendant’s land. There is no fence to hia land, there being only willow stakes. John Lawson, deposed :I am pound- . keeper at Terauka. Pratley brought me some cattle belonging to Dyson, I charged 3s for driving, Is 6d for receiving them, and Is 6d when they were taken out. Mr Jameson stated that that was the whole of the evidence for the plaintiff, and he relied upon the fact that the ground whereon the cattle was ‘ trespass sing was unfenced. The defendant deposed that Dyson’s cattle had been several times on the land, and he had told bis (plaintitiff’s) boy that as the feed had been let he would be com. polled to impound them. The land waa being fenced. He had been asked by „ plaintiff to refund the 3s, but he had not received it to do so. Mr Ward, part owner of the section,, corroborated the previous witness’ evidence. The Magistrate remarked that according to the Act, on all unfenced land no one had a right to charge for driving or damages. He should give judgment for plaintiff for amount claimed and costs 13s. He should also grant solicitor’s fee. John Grant v. John Low—Claiayi|44 lls 6d. , ' Mr Tosswill appeared for plaintiff and. Mr Ormsby for defendant. s Owing to some irregularity in the summons being taken out, and filing of a setoff^:•««» catwrw as next, April 11th. The Court then rose.