RESIDENT MAGISTRATE'S COURTS.

Dunstan Times, Issue 353, 29 January 1869, Page 3

RESIDENT MAGISTRATE'S COURTS.

ALEXANDRA. White v. o‘Regan.—A claim for damages £2O alleged by plaintiff to have accrued through defendant’s cow breaking into a garden and destroying the growing crop. Mr Bailey, who appeared for OT’egan, disputed the proof of ownership of the cattle, and also pleaded that plaintiff’s fence was not a substantial fence, as require l by the “Cattle trespass Ordinance.” It was given in evidence on the other side, that the fence was a good “passable” fence, but that the cattle had got in on two occasions by a foot track, leading along a high bank to a hut at the upper end of the garden. It was also proved that some of the cattle were branded “O’ll” which was the defendant’s brand Witnesses were then called on either side to prove amount of damage Plaintiff’s witness cheerfully estimated the amount at £3O, and defendant’s witness as cheerfully declared that the utmost value was GOs. The Magistrate, in giving his decision, said that in every case of the kind, ownership was disputed, and as proof' thereof was difficult, very slight evidence. would satisfy him. As to the question of fencing, he , had given the expression in the Cr’inance very considerable couidoration, an 1 as ho re id that Ordinance, it- was merely an extension of jurisdiction conferred with certain limitations on Justices of the Peace, and could not ho construed ns over-riding the general law who; administered by a superior Court, such as the Resident Magistrate’s Court.— Judgment for plaintiff £lO and costs. Finlay v. Chappie.—Plaintiff sued for recovery of a sum of £l3 9s Od, being the amount of a balance of a Mining Lease deposit, the interest wherein was sold by the bailiff of the Court under a judgment against defendant, as Manager of the Roso Thistle and Shamrock Company in August ISG7. It appears ■ that the money was paid by the Clerk of the Court to the defendant, by Mr. Robinson’s orders a few days before the litter left the District. The Magistrate ruled, that Mr. Chappie was not the proper defendant, and nonsuited the plaintiff. Several mining cases were disposed of in the Warden’s Court. CROMWELL. On Tuesday, the Resident Magistrate, Mr. Vincent Pyko, administered the oaths of office to the Mayor, Mr. Whcttcr, as a Justice of the Peace Subsequently a mooting of resident Justices was hold to establish a Court of Petty Sessions for the Cromwell District. Mr. Pyko was elected Chairman, and the time for holding such Court, was fixed for the first Wednesday in each month. Representation was .also made as to the nece-sity for a resident Clerk being appointed for the Cromwell Petty Sessions District.