MAGISTRATE'S COURT.

Wairarapa Age, Volume XXIX, Issue 8353, 8 February 1907, Page 7

MAGISTRATE'S COURT.

MASTERTON—THURSDAY.

(Before Mr W. P. James, S.M.)

A first offender was fined ss, in de - fault 24 hours' imprisonment, for having been drunk. Judgment for plantiff, by default, with costs, was given in each of the following debt cases:—F. C. Lewis v. Peter Jensen, claim £2O 18s Id, costs £2 13s; Olds and Anderson v. S. A. Goldfinch, claim £4 10s, costs 10s I Executors of the Estate of J. Pringle v. T. W. Tankersley, claim £1 10s, costs 7s; same v. Edward Gray, claim £3 12s 9d, costs £1 Is; Pickering Bros, v. George Saxtpn Hodgkinson, claim £l3 19s 6d, costs £1 10s 6d; J. Wickens v. W. A. Cook, claim £6, costs 8s; Olds and Anderson v. P. C. Frasi, claim £5 10s, costs £1 3s 6d. In the judgment summons case of R. G. Knight v. P..C. Frasi, a claim for £2 19s sd, defendant, who did not appear, was ordered to pay forthwith, in default seven days' imprisonment; the order to be suspended for fourteen days. Alexander John Cameron, sheepfarmer, of Lansdowne, claimed from Albert Jones, carrier, the return of two horses, valued at £45. Dr Trimble appeared for the plaintiff, and Mr P. L. Hollings for the defendant. Counsel for plaintiff said that the horses were delivered to the defendant about November, 1905. Defendant took the horses to break them into harness, and in return for breaking them in he was to have the use of the animals for six months. He pledged to return them but did not do so at the end of the six months. One of the horses died dur-

time, and the other was eventually returned in a poor condi- \ tion. Counsel submitted that as the defendant did not return.the horses on demand he was liable for anything that might happen to them while they were in his care, after the demand for their return had been made. Plaintiff, in his evidence, corroborated counsel's opening remarks, By Mr Hollings: The horse that died was in good condition when he sant it out to defendant. There was no sign of bot-fly. Feed was fairly plentiful towards the end of October, and a horse would not die from the want of feed during that month. W. G. Beard, solicitor, stated that defendant had informed him that the horses were in good feed at Brancepeth, and that they would be brought in to Masterton on the Sunday following the day that witness saw the defendant. Charles Perry, law clerk, said defendant volunteered the statement that one of the horses had died at Brancepeth. Mr Hollings submitted that the present action was one of detinue, and as such he could not meet it on the grounds established in the case of Taylor v. Caldwell. He was quite prepared to meet an action for negligence and was prepared to prove that the defendant was not guilty of negligence. Defendant, in evidence, said he sent the horses out to Brancepeth. as he was short of feed in town. He brought them back to Masterton with his own horses and put them in a 25 acre paddock at Lansdowne. One of the horses died a week after it had been brought in to Masterton. The case was then adjourned until next Court day (February 21st) to allow of the claim being amended to one of negligence.