AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 406, 25 June 1880, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, Jon* 22. " (Before H. H. Fenton, Esq., J.P., end Hie Worship the Mfty*r.) .■• • 1 FURIOUS RIDING. John M'Crorman and M'Nicol were charged by Constable Scott with furious riding on the 10th inst. John M/Qbrman pleaded guilty, and *W. M'Nicol pleaded not guilty.

The Benclr remarked.that they were not satisfied with the mere pleading guilty in M'Gorman's case ; theywould like to hear tlya evidenoe.r ■.\ f r f ,' T (TheEievi W. .'bouglas detaiiedl the circumstances of the case, from which it appeared that he was riding homewards after dark on the evening in question, when two hors3s approached him at a furious ratei On& of them struck against him, and the rider of this horso fell to the ground. On dismounting to assistj he found it was M'Gorman. . ■;. ■ •

M'Gorman wjshed the Bench to remember that he.was not,on.duty at the time;

The Bench said they considered the offence a very grave one, and viewed it in a far worse light aa coming from a constable than a private individual.;,they should eet.an' example; neither could the Bench understand a policeman being off duty ; be was always on duty in thejr '] opinion. They would fjne.hiw £3 Jand .costs,-or in default seven -days' imprisohr, ment. _ . ~ _~„ ■' \' ■' ; '.',' " ' .._'/.' In M'Nicbl's case) the police asked for a remand in order to admit pf evidence being produced to prove the offence, The Bench remanded the case till Friday next, the 25th inst. ABUSIVE LANGUAGE. 'fi. Leprou. was charged.by W. H. Henning with using abusive language to him on the 21st inst. Mr Nalder appeared for" the plaintiff, wlio stated that as Mr Leprou had apolo-. gized for his conduct he would ask that the. charge might be withdrawn. The Bench replied that as the language made use of was so disgusting, and'more* over as the offence had occurred , in-the pub ie streets, they could not allow the charge to be withdrawn. The charge was then read, and the accused pleaded guilty. The Bench, after giving a severe reprimand, , inflicted a fine of £3 and. costs, or in default seven days' imprisonment. •■ CATILK TUK3PASS. William Thomas was cliarged with' <dU lowing, two calves to wander along the German Bay road on June 6;. Accused admitted the charge, and stated that the slip-panels of his'paddock - had been left down by someone without hie knowledge. . ■ ' ■ Fined 5s and coats, > UNREGISTERED DOGS. - James Hammond was Charged with' having two dogsfin' his possession unregistered. ' .. . •■ £;.'..Uj:- :. Accused admitted the charge .jbnfe stated in defence that one of the two had been, .given to his Jittle'boy only .two '_,. uays, . pcavioirslyj. arid ! he believed iiat tUp other been . ■ > ■ ;'* The Bench inflicted the stnaltest fine the Act einpowed them to, vk., 20* and costs, in each casei .- ' ■<.' - : GivilCasks. ;'•■'' ,-Pettigrew and Co. v. John Solomon.— Claim, £14 lls 9d. Mr Nalder appeared for the plaintiffs. There was no appearance of defendant. Judgment was given, by default for amount claimed mid.costs. Alfred Nicolls v. David Ramsay.— Ciaim, £6 6s 6d. There was no appearance of defendant Judgment Was-given by default for amount claimed and costs. Benjamin Shadb<sll v;Thomai Mould.— Claim £50 for damage done' by defends ant's pi.ufn. Mr Nalder-appeared for defendant. Mr Shadbolt being sworn requested, before giving his evidence, that jfhe Bench would inform the-public present! in the Court of the nature of the case da he believed such was the duty, of the Bench. The charge was accordingly read to the effect that the claim of £50 was made for damage alleged to have been committed to his land by twenty of defendant's pigs, extending over a space of five years. Plaintiff; stated, in reply to Mr Nalder, that he had pigs of his own, but that fhey , had not wandered over the land in question. His neighbor Mr P»wson had pigs, ..but he was equally- they toot strayed over the ground; Hβ called John Reid/jun.; who stated that he, Lived on Mr Shadbolt's place for five, years/ end had constantly sgefl defendant's pigs v rootiiig over "arid the ground: in question. , To Mr Nalder he stated tjiat he could not fifty whether the damage done was worth £50 Two other witnesses ~were called, who gave evidence to the same effect. , Mr Nalder applied for a non-buit, as the Provincial Government Act clearly etated that in the case of pigs wandering, only Is per head could be charged. He urged that the,number of .pigs had not been proved, nor the amount of damage done. Mr Shadbolt applied for an adjournment. The Bench replied i that they were aware, in the steps they I intended to adopt they were not acting i strictly according to law, but it must be ! remembered they were sitting there as unpaid magistrates, and they considered they had a right to exercise certain discretion. They should render justice as j nearly as possible, although to do so might j necessitate a,slight deviation from the law. They took into consideration , that Mr Shadbolt was not a professional.men, and might not be accustomed to conduct cases, they should therefore remand the ;cases till Tuesday, June 29. Wiggins and Co. v L. de Malmanche.— Claim, £9 18s 2d. This was'a'judgment summons. The Bench made an 'order for £5 to be paid within fourteen days and the remainder by the <»nd of October.

Okain's Road Board v. John Smith.— Judgment summons for £22 4s 9d, being amount due for twQ years' rates. Mr Wright, Clerk lo the Board?"" appeared. There was no appearance qf defendant. The Bench stated that they Believed Mr Smith was in very poor circumstances. They-Would order the fulTsthn to be paid in three months from date, to be paid in monthly instalments of one-third the amount each .instalment, or one inonth'e imprisonment. The Bench remarked that they used the utmost care and discretion tion in consigning a man."to prison as it was depriving an Englishman of ilia freedom and privileges. "■

The Court then adjourned