TAURANGA R.M. COURT.

Bay of Plenty Times, Volume II, Issue 194, 15 July 1874, Page 3

TAURANGA R.M. COURT.

iKiDAif, July 10. .-. (Before Major Kob*rw r \ AT/LEiVRD MiUCIOI'3 IKJPRfIO -J>FBKTt. J- Fenton, carrier, was charged on the information of E, Gv Norris that ho did, on the July lass, at unlawfully and maliciously break or destroy a part of a fence, the property of informant, contrary to eluns« 35 of fetve " Malicious Injury to Properly Act. IS<>7." Sklr Norria desired to with draw tho charge. The defendant had expressed his regret and paid the amount of damages inilioted, with Court expensea. BKGACIt OP THE IIIOHWiYS &.CS, J. Feiiton wi l9 tlimj charged with damaging a public footpath on the snmo occasion, contrary" to the Act in such cases made atsd provided. David Ashor, storekeeper, Tauranga, deposed : Ou or about; Tuesday last. 1 saw defendant driving a four-horse wagon on tho Beach Road in tho direction of Mr Norria'a store and into Wharf street ; there ia a properly made public footpath on the Beach Road opposite Mr Norria's store ; defendant turned the corner of Beach Road and Wharf street close to Mr Morris's yard fence; I believe he struck against that fence j defendant drove over the kerbing and across the publio footpath.

By defendant : There was no other road passable at the time ; it was impossible for you to go any other way ; you could not turn your wagon. -By Sergeant Nation . I don’t know anything about tho state of Willow street from my own knowledge ; 1 hear that that street is also impassable.

Defendant elated : “ X had business at the butcher a and baker’s on tho Beach Road, and was unable to turn there ; when 1 got to tho corner 1 knew tho horses would not go over the furze in W harf street; I could not turn, and was obligedto go tho way I did.” J. T. Morrison stated : It was impossible for defendant to drive over tho loose furze in Wharf street; if he had driven on either side he would have boon bogged ; the only way ho could possibly drive was across the footpath ; it was impossible for him to turn ; Spring street is under repair also, and there was no other way for the man to drive ; it was impossible to turn opposite the wharf. Xho Court, taking into consideration the circumstances of tho ease, would fine the defendant m the nominal penalty of Is and coats (10s 6d). Tho Act provides that a fine of £lO could be inflicted. CIVXt, SIBK. Loi'i/ett v. Eobeetson. —Th is was an adjourned case, of no public interest whatever.—Judgment for defendant with costs (£l3).