RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XIV, Issue 4465, 27 April 1883, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY:

(Before H. Kenrick, Esq., R.M.)

The ca9es of John Morrison and John Miller who were charged with, failing to provide for their relatives were adjdurhed -for a fortnight; owing to non- service of the summonses in the respective cases. CIVIL SIDE. 7

Casey v. Snowling ; claim £9 3s 6d, for coal.—Verdict for amount claimed, and costs £4 14s.

Williamson v, Connolly.-—This case was adjourned for 14 days, to enable the cvi» dence of defendant tobe taken in Auckland.

Schofield and Moore v. Cummings ; claim £3 10s 3d, for goods sold.—Verdict for amount, and costs 7s.

R. Hales v. John Bryan, £7 14s, for board' and lodging.—Judgment for sum claimed, and costs £1 Is 6d.

Donnelly v. Dillon ;■ claim £8 4s 6d, balance of account. —Judgment for amount claimed, and costs £1 68 6d. Execution to be stayed for .14 day 5.......

O'Niel v. McCleary; claim £4 10s ; balance due on a contract for clearing.—" After hearing a considerable amount of evidence, tbe Bench gave a verdict for the amount claimed, and costs 7s.

Anderson v. Comer.—Mr Campbell for the plaintiff, and Mr Miller for the defendant. —Claim £16, damages for the destruction of pigs.—The plaintiff swore that he kept pigs near Kirikiri. Lost some pigs this month, and saw four lying dead, shot, outside Mr Comer's fence.— Cross-examined by Mr Miller: The breed of one of them he shot was a China pig. They were branded by each having an ear cut. Had not fed his pigs for about three months; they generally rambled about. Mr Comer had not complained that the plaintiff's pigs were in the habit of eating everything he planted, or that other settlers had said they were eaten out of their places by those pigs. They generally run over the surrounding properties. Was instigated by others to bring this action.—Wm. Anderson, a brother of the last witness, saw Mr Comer on the 15th April shoot with a revolver four of the plaintiff's pigs. The pigs were, on the defendant's lan,d. Their value was about £3 10s.—Watene deposed that on the 15th of April last he saw the defendant set the dogs on the pigs, and he afterwards saw three pigs with bulletholes in them. Heard the report of a gUD. The pigs were inside Mr Comer's fence. Saw two recently-wounded pigs running away.—For. the defence Mr R. Comer, the defendant, deposed' that his land was surrounded by native lands. Had fenced his property. He frequently hud pigs on his property. They were very troublesome,'rooting up and destroying his property in the plantation. On the 15th instant, went out with a revolver, as he had frequently been rushed by wild pigs. He had two of his grandsons with him, and a sow rushed one of the cbil dreh, when he immediately shot it. He afterwards shot another one, who was running at them with its mouth open. He admitted having shot two pigs; He sent over to tell the natives that he killed their two pigs and requested them to take them away. The Maoris took them away. Frequently complained to the natives of the nuisance, and the plaintiff recommended that the pigs should be killed. It is impossible to fence against pigs* Had planted potatoes and other things, which ha<J been rooted op

by them.—Nicholas Taylor, a boy about 11 years old, said that on the 15th he wa« with Mr Comer in a paddock belonging to the latter where he saw some pigs, and an old sow went to ru9h him. Mr Comer fired at it and killed it. Another pig was killed at the same time.—The Bench said Mr Comer had no right to shoot the pigs, but as there was only positive proof as to the shooting of one belonging to the plaintiff he would give judgment against the defendant for £2, the value of the sow spoken of, and costs, £3 10s.

A cross-action between the parties for damages resulted in a verdict being given for Comer for £2 and costs, £2 Bs.

Judgement Summons.

Clarke v. Hawley, £16 143 Id.—An order was made for the payment of the amount by weekly instalments of 15s, or in default, one month's imprisonment.