A DOG AND SOME FOWLS

Evening Post, Volume XCV, Issue 43, 19 February 1918, Page 8

A DOG AND SOME FOWLS

Some fowls feeding on a road at Island Bay, and a fifteen-month-old fox terrier, ■ with the usual desires of foxterriers as regards poultry, led to a disagreement between neighbours which was settled at the Magistrate's Court today, when James Kennedy, labourer, and a dog fancier, claimed from Henry Dennison £15, the value of the dog, and defendant counter-claimed for £2, the .value of eight fowls destroyed. The plaintiff, who was represented by Mr. R. H. Webb, said the pup, a. valuable pedigree stud and show dog, was chained up when he left his house on 25th December, but when he returned in the evening dog had been let loose. Defendant complained that the dog had killed some of his fowls, and he had therefore shut it up in his place and refused to give it up until its owner made good the damage. Plaintiff said he was willing to do so if it was proved that his dog had done tho damage. No payment was made, and on 29th December, when he asked for the dog, he found that it had been destroyed.

•Plaintiff admitted to Mr. H. F. O'Leary, counsel for defendant, that he Lad said to defendant: "If you catch my dog killing your fowls you may kill it." and, moreover, that he was told that the pup would be destroyed unless payment was made. Plaintiff said that the dog was registered, hut on the morning of the 25th -was not wearing the registration collar. Mr. ' O'Leary claimed that this fact alone entitled defendant to-de-stroy. the dog, under seclion 10 of the Registration Act, when defendant foundit on his property. Mr. W. G. Riddell, S.M., said that the section was intended to deal with dogs at large, but in the case of a dog whose o\vner was known he doubted if it applied, and the person who took on himself to destroy such a dog was liable at law, although a great deal was to, be said for the defendant, who had been annoyed for some time. Judgment was given for plaintiff in the sum of £9 and costs, in the claim, and for defendant in tllo sum of £2, in the counter-claim.