Resident Magistrate's Court.

Clutha Leader, Volume I, Issue 3, 23 July 1874, Page 3

Resident Magistrate's Court.

BALCLUTHA, 22nd JULY, 1874. (Before J. P. Maitland, Esq., R. M.) John Mahan was charged by Sergeant Finnegah with being drunk and disorderly. Prisoner pleaded guilty and was fined 10s or forty- eight hours imprisonment. , ; Joseph Kincb, was also charged with the same, further withlearing Constable Baird's uniform. .After some witnesses were called who proved prisoner was not to blame so much as a party not arrested, but who is to be summoned. Tbe prisoner was fined 10s for being disorderly" and LI for damage to uniform. CIVIL CASES." Roberts v. Rutherford. Mr. Reid for plaintiff, and Mr. Taylor for defendant. Mr. Taylor asked the learned counsel for the plaintiff to amend his plaint note. This being done, and after some .argument, counsel proceeded with the case which was virtually one for damages sustained by plaintiff by defendant removing and maliciously breaking up some gates owned by plaintiff, but on a public road. Mr. Taylor for defendant gleaded not guilty. That road was a public one, and plaintiff had no right to erect gate ; and jurisdiction of the Court, a question of j title being involved. j Mr. Rdd then opened the case by calling Fitzclarance Roberts— Am lessee and occupier of land being sections 11, 19, 2*2, and 23, of block 11, Kurriwao. District road passes through it. Applied to Clinton Road Board for permission to erect swinging gates on it, at the point at which such road enters land leased by me. Obtained authority from Board in writing (pioduced). Never received notice from the Board to remove the gates. Gates not on now, they are smashed up. Have seen them, they are unfit for use. saw. post had been pulled out of ground and wire cut as if with file. Gates ten or eleven feet wide, plenty of roOm for wagons to pass ; painted and hinged. Could not replace them under LlO or LI 2. Potts worth Ll each ; were one- foot through. Paddock lad down in English grass, about 16Q acres, rtserving the same for rams after coming from the ewes. Gates fo smashed, could not use the same. Have had to put rams in another paddock, seven weeks since damage. Suffered fully LlB worth. Cross-examined : Lost use of grass paddock for seven weeks. Couli not get men to put up gates. Mathew Paterson, Clerk to the Clinfo*i Road Board : Frwduced appointment. I know plaintiff. Remember his application ,to the Board to erect gates. Meeting on 4th March. Consideration deferred till 22d, at which meeting sanction was granted. It was a special meeting duly called • full quorum. Know the road to be under the control of the Board. Permission produced. T. Johnston : Know plaintiff and defendant. Renif mber June 4th, and heard -defendant make use of certain threats. Was at Clinton on the 4th June, and saw defendant's horses and dray there, He (defendant) said he would break tbe said gates down, and have his sixty-six feet of road. Did not see him smash the gates. Alexander Stewart : Live at Kuriwoa. Work for plaintiff. Know defendant and bis brother-in-law. Remember 4th June, Remember .defendant smashing gates. Was present at the time. Gates were on the road-line. Passes through plaintiff's land. Defendant ran over them after lifting tbem off their hinges. Went over them only once. Defendant put a chain round the posts and broke them off by the ground with a horse. He cut wires with a file. Wire of posts, gate posts used for straining wire. Saw Jhim cut four or five wires. Saw him make use of road before. Plenty of room for dray to pass through gates.. This closed the plaintiff s case. Mr. Taylor moved for a nonsuit on three points, nsmely,— -No proof of constitution of Road Board. That authnrity given by the Clerk must be under the seal of the 1 Board. That the Road; Board had no power to order the continuance of the gates ; that the authority was for retainng gates, and- not erecting them. . After some argument from counsel on both sides, and no evidence being brought forward by defendant, his. Worship said, as this. was the fir6t case under the Act ever before him, he would consider the points raised, .and. defer his judgment till next i Court day' - ■'..:..•.; .