AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 260, 14 January 1879, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Friday, Jan 10. (Before Justin Ayhner, Esq., R.M.) breach op police oudinancb. William Rodman, Edward Rodman, George Bruce, and Martin Daly, were charged with committing a breach of sec. 23 of the Canterbury Police Ordinance by bathing'off Daly's Jetty between the hours of 8 a.m. and 8 p.m. The police stated that proceedings were taken in consequence of instructions from the Borough Council. Constable Scott proyedj that defendants were bathing about half-past seven in the evening of Tuesday last The police did not press for a penalty, but merely took the proceedings in order to put a stop to the practice. Defendants stated that they wore bathing drawers, and the Bench considered it very doubtful whether the action complained of was such as to " offend against public decency" in the words of the Ordinance, and dismissed the cases. Civil Cases. CHAPPELL V. JONES. This case had been adjourned for judgment. The Bench thought the evidence showed the fire to have originated from one lighted by defendant, and, as the amount of damage done was not disputed, gave judgment for the amount claimed with costs. ARMSTRONG V. M'DONALD. Claim, £124 15s for damage done by a bush fire. Reduced to £100 to bring it within the jurisdiction of the Court. Mr Nalrier appeared for the plaintiff. Plaintiff's case was that the fire in question had originated on defendant's land, and had thence crossed the road, come on his (plaintiff's) laud, and done damage to • the amount claimed. He swore that on tho morning of the 26th November, as he was going to muster sheep, he saw defendant and his neighbor Curry apparently burning off a brush fence between their properties. They then had the fire under control. When he returned about noon, the fire had spread to his land, where it raged during that and the two subsequent days. In cross examination, plaintiff admitted that he had given no assistance towards putting out the lire." Defendant swore that he did not light the fire in question, nor give his man instructions to do so. He and his servant had done all in their power to put the fire out, which, if unchecked, might easily have spread to the town of Akaroa. A * man in ' defendant's employ gave bimilar evidence.

The Bench considered plaintiff had failed to prove his case, and gave judgment for defendant. The Court then adjourned.