RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume VI, Issue 315, 24 December 1873, Page 3

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before E. H. Carew, Esq., E.M.) Fbidat, 19th Decembek.

Michael v. Rouglum and Another. — Mr. M'Coy for defendants j Mr. Mouat represented the plaintiff. This was a claim for £20, damages for trespass. Defendants pleaded a general denial. Michael M'Namarra, a laborer, residing near the Lawrence railway, stated that he saw Boxae of defendants* covra getting in through gaps in plaintiff b fence. Charles Davie, a laborer, residing in Ross Gully, deposed that, on the 12th October, he saw 19 of .defendants' cattle on plaintiffs wheat crop, -which is enclosed by a fence. There are gaps in tie fence, which gaps were caused by cattle. Defendants owned to the trespassing cattle in witness' presence. I have not seen any cattle, except defendants, in plaintiff s ground. Defendants' cattle are marked R. Don't' know of any other cattle marked with R.

Henry Arrington, a settler in Tuapeka, in the month of October, saw cattle in plaintiffs kind.

James Michael, the plaintiff, stated that on September sth his fences were knocked down, in his opinion, by defendants' cattle, as no other cattle were then about his land. He saw defendants' cattle in his land. Defendants made a gap'or two which plaintiff told defendants had been made by their cattle, the ownership of which plaintiff heard defendants acknowledge. On one occasion, there were 44 head of defendants' cattle in plaintiff's crop. There are three acres of wheat destroyed by defendants' cattle.

A skilled witness was called, who estimated the damage of 2 acres of plaintiffs wheat (the quantity witness estimates was injured), at about £10 ; but added that any estimate of an undeveloped crop like the plaintiffs is liable to be very erroneous.

Mr. M'Coy submitted that plaintiff is only entitled to nominal damages for one trespass, and those damages not to carry costs. Plaintiff had been a party to the one trespass adraitte.l by his client.

Mr. M'Coy called a witness who had examined plaintiffs land, with the view of giving evidence of the damages entailed on plaintiff's crop. This witness had seen only half an acre damaged, and the injuries apparently were about 3 weeks old. Witness saw tracks of cows and horses on plaintiffs crop, the fences of which are not sufficiently cattle proof ; and witness saw appearances of horses recently rolling on plaintiffs crop. Cows, in witness' experience, never roll, except when dying ; but horȣs like to roll on fresh ground.

Denis Roughan, the defendant, deposed that he heard the plaintiff say, on the subject of trespassing cattle, that Drew's steer and Treloar's cattle had trespassed on his (plaintiffs) ground. Had often spoken to plaintiff about the defects in his .fence. Know that there were gaps in plaintiff's fence before the 12th October. (This complaint is confined to that date,) Witness saw plaintiffs own cattle in land adjoining plaintiffs wheat when there ■was nothing to bar their entry to the wheat. His Worship, after reviewing the evidence, gave judgment for plaintiff, £3 35.; witnesses' expenses, £1 <§s.; costs of Court, £1 7s. j professional costs, £1 Is, Michael v, Goodwin. — This was also a claim for damages on account of trespass. It was not denied that the cattle in question had free ingress to the ground. Defendant admitted that four of his cattle "were on plaintiffs land, which was not under crop. Judgment for plaintiff, 165.; costs of Cdurt, lls.j witness* expense, 10s.; professional costs, £1 Is. Clarke v. Sanderson. — Claim for £2 ss. for bread supplied. No appearance of defendant. The further hearing of this case was adjourned to Tuesday next, in order that time should be given for the production of an advertisement in the Titapbka Ttmes which affords evidence th&t defendant is adinimstratsix of the estate of her late husband, W. IS. Sanderson,

Tuesday, 23rd Dboembeb. {Before E» H. Carew, Esq., RJVL) Harris v. Graham. — Mr M*Coy for plaintiff. A claim of £9 ss. 9A,, for groceries supplied. Defendant asked for time to pay the claim. . Judgment fop aniouut claimed, £1 'Bs. coats of court, profesaionai fee, £1 Is. Harris v. Dale. — Claim of £6 os. Id., for groceries supplied. Mr, M'Coy for plaintiff. Defendant pleaded indebted in the sum of £3 55.; not indebted for balance^ His Worship gave judgment for the full amount, with costs,

I Harris *v. Sle>ribuck.— Claim for £? 14s. 4d. Hi 1 - M'Coy for plaintiff. Defendant pleaded indebted in the sum of £5 195.; not indebted for- balance.. This, was an account for groceries supplied. By mutual consent, the parties to this dispute elected to abide by a private .settlement oat' of court. Hatria v. . Jtnsten.— Claim for. -groceries supplied, £13 lls. 2d. ; Mr. M'Coy for plain.tift c Judgment. for.ainounfe claimed, with gfostr.