MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 2280, 14 November 1889, Page 3

MAGISTERIAL.

ASHB ORTON— THURSDAY.

(Before Mr 0. A. Wray, R.M.)

WAT__t BACS BY-IAWS. Thorna-* G M.*_i. . was oharged with having diverted water from the F water ra c near Winchmere, und also with having impeded the free flow of water In that raoe by placing stones end earth therein. — Mr Purnell appeared t- prosecute for tbo Oounty Council. He characterised thu offence as a serious one and ssked the Oonrt In case of a conviction to Infllot a severe penalty, because In the first place of the d fficuliy of detection ln o*s.s of this kind, end secondly because if only a nominal penalty were inflicted thera wore many parcona who would consider the benefit they derived from tampering with the races ln dry weather outweighed the fine Infl'cted by the Oonrt.— Mr Outhbe.tßon appeared forthe defendant— o. Fawoett, water raoe ranger to the Aahburton County Oouccll, said that on November 5 a complaint was made to bim about the state of the F. race. He went to Marriott's farm and found tbat In one paddook the b_nk of the race had been oat at a plaoe where the land eloped downwards from the raoe. In the next section he found tbat the raoe had been partially obstructed with atfmes, and there was on \h, bank a bag filhd with soil which wsa quite wet snd had the appearance of just having been taken ont of the raoe. There were a! so ■everal Inohes cot In the bankß of the race. Abont ton or twelve sores m one paddook end five m the ctber bad been thoroughly soaked Kith water. The race Euppiied about seven miles of country below Marriott'?, and some of the settlers a'ong its route were dependent upon It for their tnpp'y of water for dcxueetlo purposes. Wltcflß __w the defendant, trho admitted liking the water. He admitted having blocked tbe raoe on tbe previous evening, but said tbat be had no Idea that inoh 'a large quantity of water would find its way over the lend. — William Fawce't, brother cf the last witness, said that on tin mora log of November 5, the rnce where It pwaed tbo County Saleyards was quite dry, although there had been a good _hw on the previous evening. A man who came with a tank for water tad to go away. Witness followed tha race up and fonnd tbat it had been obstructed m Marriott's plaoe aod that the water waß fljwlng over his land. WitDeas wont with his brother, the ranger, to Mariiott'e plsce that evening. Marriott admitted having ■topped the raost He said tbat he bad blocked the raoe to get a tank of water and that he had forgotten t. remove tbe obstruction. Wltneaa' brother was dubious In regard to tbis expl.n&tion, pointing cut that the banks cf the raoe had been cut m ■everal places. — F. Malnwaring, olerk to the Coanty Council, and W. Baxter, Engineer to the seme body, gave evidence to tbe t-_eot tbat no authority to interfere with the race had bsen given to the defendant. — Fcr tbe defenoe, T. 6. Marriott, the dtfandant, said that he stopped the race to get a tank full of water for domotilo purposes. He naod a bag full of Boil to stop the race. Tbis b~g dtd not ■top the flow altogether, but merely oheoked It. He had intended to get a second tank-full of water, but did not do ■o owing to the lateness of the hour. He forgot abont the bag, whioh consequently remained In the race all night. He bad had no Intention af Irrigating hla land, Tbe quantity of land wblch was nnder water was very email, and cwlng to tbe configuration of the oountry the water fonnd its way baok to tho race. Witness had not out tbe bankß of the race. — V.. Home said that he had been ov6r Mar* tiott's laud on tho morning of the 6.b, the d>y after F.wcett's visit. Tbere were no gsiges of ""irrigation, acd he did aot notice any attempts at tampering with the race,— Tbe Miglßtrat. mj'e some remarks on the case, wh'ch were Inaudlb'e owing to the nofce made by hail falling on the roof. A fine of 60s and costs was inflicted on oner.foimatton, the other lelog dismissed.

CIVIL CASES.

John Orr and Oo v R, Johnston — Claim £8 7s Bd. goods Bupp'iad.— Judgment for plaintiff, by default, for the amount citlmed and coats.

Mitchell aad Tamer v Brown— This wbb an Interpleader case to settle tbe question of ownership of a horse seized by tha bailiff of tho Court In satisfaction of a jadgmant obtained by Mitobell and Turner against W. Brown, the husband of Mra Brown, the other party to the present aotlon. Mr Wilding appeared for Mitchell and Turner, and Mr Outhbertaon for Mrs Brown.— After evidenoe had been taken, the Magistrate deoided In favour of Mitchell and Turner's olalm.

J. Tre the way v M. Moßbo— Claim, £7 81 4 d. Mr Cathbertson for plaintiff, and Mr Wilding for defendant. Thla wbb a olalm for oompeneatloa for lobb alleged to have been sustained by plaintiff through •beep belonging to him having been wonted by defendant's dogs. The plaintiff B*ld tbat early one morning ha was aroused by dogs barking. He got np and fonnd a coat 1 3 of dogs attacking hla sheep, whioh were hnddled ln a corner. Two were dead, one dying, two mleslng, and all more ov lees lnjared through their wool being torn oot aad ihroagh being saturated with mud. Mcßa. promised to pay the damage and destroy one of the dogs. —Evidenoe having been given at some length, "uigmeat was given for plaintiff for £1 and costs. ' E. Rippengale v Mra Brankln— -Olahn, £7 16 1 3d, Mr Wilding for plaintiff, and Mr Parnell for defendant. The olalm waa for pasturing sheep. The defendant alleged that the sheep had been returned gome sixteen short ; bnt plaintiff said If any were lost It was during the reoent high gale which blew down some of hia fences, snd for wbioh he oonld not ba held responsible. Mr Wilding submitted that the ohim foi the mleßing sheep should be brought as a erosß-aotlon and not as a setoff. Mr Parnell argued that the Bet -off was good. The Magistrate ruled In favocr of Mr Wilding. — Judgment was given for plaintiff for £7 5s 3., but exeoutlon wbb stayed for a week ln order to allow the defendant to bring a oroßß-actlon for the reccvery of damages for the sheep wbioh were not returned. The Oourt then rose.