MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1867, 14 June 1888, Page 2

MAGISTERIAL.

ASHBURTOIN— THUKSDAY. (Before Captain Wray, KM,) DttCMCBNNESS. Two mon who bad not been boforo the Oourfc for some time were eaoh fined sa, UNREGISTERED DCG3. C*. W. Body waa fined 5i and coata for having been the owner of an nureglatered dog. .... A. Weston waa filed m ft like amount. CIVIL CASES. Oox vProomou,- — Mr Onthbertucn for plaintiff, Mr Purnell for defendant. — This was a cose m which judgment had been reserved, and the Maglatrate notr gave judgment for ill 4s 2d, the value of goods BnppHed to defendant since his bankrup'cy. B Drney v P. Fi' zgerald, claim £34 16s 3J. — Mr Culhbartson for plaintiff. Judgment for plaintiff by default. Orr and Alcorn v L, B. Oorsbie, judgment Bummoaß £24 18s lid. Order made fur amount to be paid m monthly instalments of £5, ia default one month's imprisonment. Jaa. Patterson v E. W. Oaborue, judgment summons £22 6s 31.— Mr Guthbertson for judgment creditor. Mr Oaygill for debtor. — Evldeccs was taken at some length. — The Magistrate could not aeo his. vrny to make an order. Ultimately the c-S3 waa ad j lurnod for three months, D. Wllsnn v the Inhabitants of the Wakanul Rokl District and tho Board thereof, claim £20. Mr Wilding for plaintiff, Mr White for tho defendants— This oaee.whfoh had been partly heard on a previous Court day was a claim for damageß Bustatned by plaintiff through the alleged wrongful and negligent act of the defendant Board m lowering a road aud cutting a channel across, whereby flood water waa diverted on to plaintiff a property — An addition was now made to the particulars of claim alleging that the defendant Board had ..negligently ommltted to provide fords across Wilson's road and had further neglected to compel ccsuplers to open their fences In the fines of the natural water courses— The following evidence <raa taken. Jaa. Wilson said thut the natural outlet for ovurfim water from the river was by the way of. the school gullies, He was of opinion that the damage to Mr D, Wilson s land waa oiuqed through fche diversion pf the water on to his property Witness eßtjmated the damage to the land at £18 and to the fences at £3 or £4— By Mr White : Water had previously gone down the gully on Mr Wilson's proparty . Water had gone down the gully before the fences were erected but the river then overflowed lower down. The lacd at tho bottom of the gully was ploughed and was .consequently more liable to scour. Did not know if sim'Jar land and m the gully had been boqght for £2 an aore— By Mr Wilding ,* There was never any soour at the point whero the damage waa done ill the Oofcober flood. — Hugh MoOosker and James Brown gave evidenoe. — David WlJßon waa recalled and said water bad previously gono into his gully, but not in' acffiolent quantity to onuse scour, — This waa plaintiffs coae. — Mr White opened the onto f;r the defence and <nl' : ed I?. W. Merchant, surveyor and civil engineer, who said that m company with Mr Fooks he made an examination of the I&.nd and drew up a report. (Tho report waa read, It was a lengthy one, and w'us j;o tfi.o pffeot that the injury caused Was m no way duo £o fop action of the Board. — The • witness was r crost^ exnmiaoji at conaidorable length by Mr Wilding ,qn the report. Tlie cutting on the toad waa only $bout I'J inches deep, and had no appreciable Yflyct on the quantity of water which fl )wed into Wilson's gully- — Jmhob Urowa, member of tha Wakanul Road Board and of the County Cmnoll, eald that daring the 16 yeais he had resided ia the district there hud been ft number of overflows from the river '. " 'The 'great isr t^tjqa of the water found itu way into Vyilabn.'B gully ; the remainder into tj)e B.ohooji g.ullies. l/efore (he fences vtjroereoted the grpatpr portion of tho wateif ironfc into Wilson's gaily. In witDeßs'n opinion Wilson's guWy bad Ukco the largest quantity of overflow water. Witness was weli acquainted with [\]Q water courara m the diatrlot } there w,ere none extending from the river to the school gafiy, b.ajt thera waa 6p@ ioadiug t.Q W'isou'ij g.uilyi-^'Qeorge jUoei had occupied iand oa WJlflon'a road for 14 years, i : (Loft Bitting,) j