AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 210, 23 July 1878, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Friday, July 19. (Before Justin Ayliner, Esq., R.M., and R. Westenra, Esq., J.P.) CATTLE TRESPASS. In the case against H. H. Fen ton, on a charge of this kind, judgment was reserved to the 23rd inst. Civil Cases. t. b. chadwick v. Mrs p. jiai-manche. Claim, £1 5s ; adjourned to 28th inst. for the production of plaintiff's books.

J. POETER V. J. GLYNAN. This was a case to recover the sum oF £48 16s, being the value of 19£ chains of fencing alleged to be the property of the plaintiff, and which had been taken down and removed by the defendant. J. Porter deposed that on the 23rdtof April last he had found Glynan and certain members of his family taking away the fence in question, , which marked the boundary of land that had been in his possession 20 yearsj The land had been more recently surveyed M>y MrTownsend, and the line was found to be correct. Glynan took the timber, away also. No notice ;was given by him of his intention to pull down the fencing. He had paid for half the fencing. W. Whitfleld said when he was lessee of section 367.5 ; he .wag s,hovvn the line .by Messrs Bunny' and Glynan.; Hej had ocetfsion to challenge Glynan 1 ; who, with himself and a man named Brown, cut out the line between the sections." They found the Government peg with the number of the section on it. Glynahfwas dissatisfied, and Porter offered to pay half the cost of a fresh survey. Subsequently Mr Tovvnsend went through the line and declared it to be correct. The fence was then put up. J. Glynan deposed that »■ he shifted the fence when put in possession by Mr Welch of the correct line . Mr Welch had been instructed by the Chief Surveyor to re-survey the line, and. in doing so had found Mr Pavitt's line correct and Townsend's incorrect. He had challenged Porter to fence his share of the new. line, but no notice was taken by him. He then carried away the old fence.

•Mr , Welch', , Government Surveyor, deposed to having received instructions from the Chief Surveyor to survey the boundary line between Porter and Glynan. On the 4th of January saw both parties, and acquainted them with the instructions he had received. Porter did not care to go up to the place, but on the following day Glynan and he went up. Both Porter and Glynan agreed that the end pegs were correct. He then struck a straight line from peg to peg, and found that the old fence was on Glynan's land and on an average from fifteen to fifty links from the straight line. He only surveyed the line, not either of the sections.

The Bench reserved judgment to the 23rd inst. J. GLYNAN V. J. PORTER. Claim, £27 18s 6d for half erection of boundary fence. The defendant pleaded that the notice sent him was not according to the Act, and that the fence was not a legal one, evidence being adduced to show that this was the case. The case was connected with the previous one, and judgment was also reserved till next Court day. The Court then adjourned.