RESIDENT MAGISTRATE'S COURT TE AWAMUTU.
Wkdnksday.—(Before Messrs Kay and Hutchinson. J.P.'s.) Thompson v. Shoiu'.— Mr Gresham for plaintiff, claim, .£lO 13s, dishonoured promissory note and cheque. Defendant paid £11 3s into court, and notified plaintiff's solicitor. Counsel refused to accept the amount, on the ground that sufiieient costs had not been paid in owing to the fact that plaintiff's evidence had been taken in Auckland, which entailed a further expense of 10s, which he claimed, and also solicitor's fee of one guinea. Judgment for amount paid into court, and 10s for defendant's expenses. Nohton v. Tkasdau;.—Mr Gresham for plaintiff, Mr Hay for defendant. This case was adjourned from last court day, when Mr Hay paid 10s into court.—Mr Gresham claimed a further sum of .t'l lis, with solicitor's fee. Judgment for plaintiff for amount paid into court, costs amounting to £1 6s were allowed to plaintiff's 011 .\lr Hay's application. Hn,r. v. Pratt.—Mr Hally for plaintiff, and Mr Hay for defendant, claim, £8 10s for damage and detention of horse. Defendant confessed for £1 and costs of the court. Mr Hally .stated the case for the plaintiff. Mr Hay objected to the item £3 for loss of time looking for the pony as the claim was not sufficiently detailed.—John Hill, farmer, near Hamilton, deposed that he was the owner of the pony, and that it was lost in November, and he sent his boy and went himself on several days to look for it, (dates specified). He claimed £2 for damages done to the pony, by having its mane and tail pulled. He saw Air Pratt, who said lie would pay anything reasonable for the time 110 rode the pony. Witness thought £5 would be a fair sum. Defendant wrote to plaintiff's solicitor, offering £1 for compensation. Witness wanted the mare for stud purposes. Owing to the mane and tail having been pulled witness would not have known her.—Cross-examined by Mr Hay : The mare was in much better condition than when she was lost. Could not put a value 011 the improved condition. Did not know whether it would bo £1 or 10s, or half-a-erown, or even two pence. As he had already stated, the mare would have been better with a long tail. .She would have had greater ease by keeping the flies off'. He valued the damage so done at £2.— Arthur White deposed to the pony coining to his paddock with some mares. He missed it. and afterwards heard defendant had it. Told him to take it back to witncsse's padd u Yc'i he did. The pony was not witnesses' and 110 coul I only tell defendant to take it back. It was in better condition than when it was lost. Would not have known the pony, as it was altered. Knew it by a mark 011 the side. Henry Hendry deposed to seeing the pony when it came to Mr White's. Afterwards saw it with defendant. Told him it was Mr Hill's pony. Defendant then said he would turn it out to grass for a month till he found the owner.— Jiy Mr Hay: I'irst words he said to Pratt were, " You are riding another man's horse." Said it was a Mcrrylegs. — William Voice deposed to seeing the pony in Mr White's paddock. Heard afterwards that it was lost.—Fred Pratt, defendant, deposed to seeing the pony for some time in Mr Short's paddock before it came into his possession. It was there for some time. His horses also grazed there. It came into his possession 011 2(Jth December, when it followed his horses. Tried to drive it back. His brother aud Win. Morris were in the yard. Morris said in reply to witness that the pony came from Hamilton with Mr White's mare, Witness said I will keep it ' for a while and find the owner. Pulled the tail. It was about down to the heels; pulled it to the hock. Thought it improved it a .£ in value. Rode it a few times. Saw Hendry on Dull January, who said " Hallo Pratt what have you got there" Witness asked him if he know whose it was, Hendry said he thought it was a Merrylegs, aud that it belonged to the man who travelled Stonewall Jackson. In reply to witness Hendry said " keep it and ride it till the owner comes for it." Mr White camo on (ith aud told him to take the horse bask to the paddock which he did. Mr Hill caino and told linn he thought £5 was a fair compensation : said it was too much. Did not see Hill afterwards till ho got a lawyer's letter claiming altogether £7 10s. Wrote in reply offering £1 which was more in proportion for the time ho had it than was demanded. Had the pony only twelve days. Confessed to the amount of £L which he had paid into Court with £1 costs. Paid 17s 2d for hire for twelve days and 2s lOd for damage'done by pulling tail. By Mr Hally, the horse came into his yard and he did not like to pound it. Did not tell people about the pony persisting in following his horses. Would not object to anyone treating one of his horses similarly if it was lo*t, Did not take the horse out of Mr White's paddock. Made 110 secret of having the pony. Did not pull the taii so that it should not bo recognised by the owner. —T. J. Rogers deposed to seeing the pony running in Short's paddock. By Mr Hally Pratt told witness and several others to his knowledge of his being possessed of a horse that did not belong to him, and asked if they knew the owner. C. T. Kickett deposed to seeing the horse on the road, was a nuisance to witness, as it tried to get into his paddock. Saw it afterwards with defendant. K. Pratt, W. Moiri-s, and J. W. ltoffey also gave evidence. After counsel addressed the omul, judgment was given for plaintiff for amount paid into court. Costs amounting to £•> 1-h were allowed to the defendant on Mr Hay's application. CIII.MI.VAI. CASKS. BIIEACH OF TUM T.M I'OL'NI)1 N'C Ad'.—D. Coo v. A. Grant, three informations. Ist. For allowing a hull over the age of nine months to wander at large. 2 id. 1' or allowing eleven cows and three steers to wander 011 land not in the occupation of the defendant. 3rd. For committing a breach of the Impounding Ant by unlawfully rescuing one bull, eleven cows, and three ste*Ts which were lawful'y being driven to the pound by the inf'irmant 011 21th January. Mr Gresiiam for plaintiff, Mr Hay for defendant.—Mr Hav objected to the newspapers put in by Mr Gresham showing election of Town Commissioners in 1S&1, as 110 Gazette properly notifying the _ election of the present board was put in. Mr Maundor, town cleric, was put in the box to prove the appointment of complainant as poundkeepor.—Mr Gresham produced a copy of Tub Waikato Times, advertising D. Coe's appointment. —Air Hay objected as 110 gazette showing election of the present Board had boon produced.—Mr Gresham agreed to strike out the case of the cows and steers, but he claimed that anyone had a right to impound any entire animal found running at large. —D. Coe, deposed, that ho was ranger in Alexandra 011 24th January, he found defendant's cattlo running at large on the bank of the Waipa. He and his brother took them in charge to impound thorn, Mr Grant stopped the cattle and told witness to " take him to law about it." Mr Grant said witness should have told him before doing such a dirty action. Was afraid Air Grant would stiike him with his big stick. Mr Grant rescued the cattle. — By Mr Hay: Was appointed by the Board, Was told by the Hoard to tako Mr Grant's cattle, Saw Mr Grant the day previous. Asked him for the registry fees for having his cattle running on the run. Did so by the Board's authority, Mr brant refused, saying witness might take him to law. When he seized the cattle he went inside a gate. The whole of the ground ho went on to does not belong to Mr Grant, it is not all fenced. Would swear to it. Believed no other cattle but Mr Grant's were running there. —Ijy the Court. No one complained to him of any damage done by the bull. It could get to Mr Hodgson's cattle. Mr Hodgson's place is about two or three miles away from where ho seized the cattle, but the country is very rough,—Samuel Martin, stop-brother to last witnoss, gave corroborative evidence as to the seizure and obstruction, A. I. Maunder was recalled, and . deposed to knowin"- the district, but never stood on the spot pointed out 011 the map. Believed most of the country there was fenced. If ho were at Mr Hodgson's would not be afraid of the bull Rotting there as the country was pretty well fenced and the distune: was about throe miles.—Mr Hay for the defence contended that there was 110 existence of any such corporate body as the Alexandra Town Board. No such body was gazetted therefore Coe had no authority to not as he did, No cattlo wore running there besidoa
Mr (i rant's lo receive any dama;.''! through tho bull running there. The land is fenced ;i■ i<i it was mil | j!11\'(m] Ui.it any ■!,!ii' per:wms (iwtio l land thcro besides Mr Grant,. Tt not havini; been proved th.it the Alexandra T'lwn Board was gazetted there could therefose liave been mi rescue as Con was imt proved to be authorised to seize. Counsel therefore claiinod that both cusps should be dismissed with costs. Dismissed with costs £4 "Js. Several debt cases were disposed of.
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Waikato Times, Volume XXX, Issue 2447, 17 March 1888, Page 2
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1,639RESIDENT MAGISTRATE'S COURT TE AWAMUTU. Waikato Times, Volume XXX, Issue 2447, 17 March 1888, Page 2
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