AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VII, Issue 647, 26 September 1882, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Friday, September 22

Before Justin Ayuier, Esq., R M.. and

W. B. Tosswill, Esq., J.P.

ASSAULT,

Chiiles Bates was charged by Robert Jannony with assaulting him on the 20th inst., at French farm, by taking him by the coat and shaking him.

Kobt. Jurmony deposed that ho was working fur Mr Knight, mid on the day in question had gone on to land belonging to Bates to do some fencing between him and Mr Knight. Bates had warned him off, and then assaulted in the way described. It was not a severe assault, and he hid had warning from Mr Bates not to trespass on the paddock, as it was shut up lor grass seed.

Defendant stated he had shut up the paddock for grass seed in the middle of August, and had given due notice to his neighbors.

A. C. Knight deposed that he had given defendant due notion of his intention to fence in May last. As there was no way of taking the fencing m iteiial on his own land, he had, in accordance with the 36th clause of the Fencing Act, taken it across defendant's land : and now he was stopped with going on with the work because Bates hid shut up the land for grass seed, at what he (Mr Knight) considered an unusual time. Pie was most anxious to get the work done, as he lost heavily by the fence not being.up.

The Bench said that the latter part of the 36th clause stated that if any one shut up their land for crop due notice had to be given them, and their permission obtained before any one had the right to go on their land, and thtu take advantage of the first part of the clause. As Bates had not given his permission, and had clearly a right to shut up his land when he chose for a crop, Jarmony was a trespasser. They would therefore dismiss the case. REFUSING TO SUPPORT. Andrew Pietersen, whose two children are in the Burnham Industrial School, was summoned to show why he did not contribute towards their support. He was ordered to pay 10s a week for the present, and 5s a week when one of the children leaves the school, which will probably be in a few we.±kn, as some pooplo arc anxious to adopt her.