RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1520, 2 December 1886, Page 3

RESIDENT MAGISTRATE'S COURT.

Tikdxa—WidhksdaT, Dio. i, 1886. [Before A. M. Clark and J. Talbot, Esqa., J.P.] UCJWRY to fBOKIIT. George Bamsay was brought op on remand charged with above offence. Constable Morton said the case had been'postponed so that Ramsay might be tibia to get a witness, and on Wednesday last the case was farther adjourned as the Resident Magistrate was not present. He would ask for another adjournment until next week. The defendant stated that he had already lost two sheds through the prosecution, aud aa it was a trivial off-oce the punishment ought to be light. Mr Clark ; We can’t help that; we have not the evidence before us. The esse is remanded for a week. Bail waa allowed, the accused being bound over in his own recognisance to appear. UNREGISIBREB DOGS. Eli Mitchell was charged with haying two unregistered dogs in his possession, The defendant admitted one of them was not registered. Constable Morton said ho found four dogs at the house. One of them waa said not to be six months old, but he (the constable) believed it waa. Mr Mitchell had two of tha dogs registered. Eli Mitchell acknowledged oao of them to be unregistered, but said the second one was not six raon hs old. The Court gave the defendant the benefit of the doubt with regard to the age of the dog, but hs would be fined 10s, and must register tbs other dog at once, civil OASES. 0. H. Reid v, —Dunnage—Claim £1 17s 61.—Judgment by default for amount claimed and costs. W. Mweet v. Prattley and Ward — Claim £lO. " Mr Wood appeared for tbe plaintiff, and Mr Raiinoud for defendant. This was a case arising out of tbe following eircomsiances The defendant took into his paddock lo grant? a mare belonging to the plaintiff, and through the alleged negligence of the defendant the mere got poor, and also in foal. An argument arose as to whether evidence of the mare being in foal could be taken, as no reference w§s maeje to it m the bill of particulars. The! Court decided to bear tbe evidence. W. Sweet said the mare was in the paddock now 15 months. She was stib there. There was good feed there when 1 he mare waa put in. There was no feed there now. He attributed the condition of the mare to the place being overstocked. She bad a foal at foot, Tbe mare waa worth £2O. John Law con offered £l7 for her, but he would give only £7 for her now. To Mr Raymond ; I owe £8 for grazing. H Prattley and Ward gave me £l2 and the grazing, that is £ls, I would not give the mare. She waa offered at Wheelband’s sale, but there was no bid for her. I wanted *2O for her. Saw her in July or August, and the looked vyell. John Lawson stated that he bad offered £l7 for the m«re, but Sweet said he was offered £2O. Saw her lately ; she was very poor, and not worth more than £6 or £7. It would take four or five moaths to put her in proper condition. To Mr Raymond : Horses have come down in value since last year. There was fair feed in the paddock. John Bryan, laborer on Mr Rolleston’a farm, stated that the mare 12 months ago was werth from £lB to £2O, but she was not worth more than £6 or £6 now. The feed i n tbe paddock was very poor. To Mr Raymond : I would not give him £3 for the mare. The foal was worth m 're than the mare, W. Story, tailor, TVmoka, had iwo horses running in Prattley and Ward? I pa Itiucks. tie look them away six weeks ago because they were v-ry poor. The le-ii w»a very bad, T b*‘y ware

worth nothing ; in fact, he could no* give th-ni away they were =io poor. Stephen Clinch had a filly th- re, and when she was brought home she was in very poor condition. She loaled since. To Mr Raymond : There was nothing wrong with the mare except starvation when she was brought home. Frederick Pratiley, one ol the defend«nts: The paddock was 60 acres. There were 8 horses and 40 head of cattle on it. The horse was put in by N. 0. Nicholas, and it appeared to be a gelding. No one could see that it was m entire. The mere was worth Ll2 when she was put in there, Would give LI2 and the grazing money f-r her now. 40 head of cattle was not too much for the paddock. R. Ward, one of the defendants, said the mare was getting on now. She was thin. The winter was very hard. The place was not overstocked, and they carted two loads of straw for the cittle to eat. No one could see that tbe horse was an entire. Had ■ cow there, and she died but not of starvation. One of the colls had sines been cat. This colt was in tbe paddock all the time but they did not know he was an entire. Their own mare was there. She is in splendid condition. She shines like a bit of silver. Shs has had a foal. She never had a feed. John Canard : Saw Sweet’s mare last night. Saw her at Wheelbsnd’s sale, She is at present m fair condition. Don’t think there is much difference between tbe price of horses now and last year. There is fair grass in the paddock. N. 0. Nicholas, was with Hobbs when he pat a colt into Prattley and Ward’s paddock. Looked at tha colt and thought he was cut. Examined it last January and found that be bad not been cat. Witness then cat him. The colt was wel bred. The mare was worth Ll2 last year. Mr Raymond then addressed the Court, urging there was no negligence on the part of Prattley and Ward, as Sweet did not stipulate as to tbe number of cattle that should be kept on the land, and also as they could not sea that the horse was an entire. Mr Wood urged that the defendants were liable, and quoted a case to show that tbe defendants were responsible for any deterioration in value of the horse. This concluded the case, and Mr Clark said the Bench had carefully considered the evidence, and had come to the conclusion that plaintiff in making arrangements for grass took very little trouble to see how the horae was to be maintained. Plaintiff was at liberty to take the horse away at any time. He was under no restrictions whatever. It was ridiculous for him to expect that the horse would be in good condition now, after the very hard winter just past. The Bench were also of opinion that the defendants bad taken every care. As soon as they found out what was the matter had had tbe colt castrated ; and, with regard to food, when the defendants found that grass was abort they also carted in straw. Jndgment would he given for defendants with costs. Tbs Court then rose.