RESIDENT MAGISTRATE’S COURT

Dunstan Times, Issue 475, 26 May 1871, Page 2

RESIDENT MAGISTRATE’S COURT

CLYDE. Friday. May 19. (Before Vincent Pyke, Esq., R.M. W. Smitham v. J. Marsh, 120 damages for trespassing on lard, and wilfully d - stroyiug property. Mr. Wilson appeared for plaintiff, and Mr. Marsh di fenced his own case. Mr. Marsh asked for the cas-i to be dismissed, no hill of items having been rendered for damages ; or for a nonsuit, as the plaintiff had no title to either ground or property. Evidence having been taken regarding the trespass, Mr. Marsh raised the question of title, and produced a receipt signed by Mr. Livingstone, the officer duly appointed by the Government to receive money, also a cop i of a letter written by the plaintiff, in which the defendant’s title was not disputed. Mr. Wilson objected to both documents, as being no evidence having been produced to show that the receipt was genuine or that the etter was a copy of one written by Mr. Smitham. The Magistrate said that according to the Resident Magistrate’s Act, he was prohibited from deciding any case wherein lands and hereditaments were affected ; and, as the question of title had been raised but not proved, he would, to give time for the title to be substantiated and for hitaself to consider t e questions involved, adjourn the case until the 31st inst., at Cromwell. Monday, May 22.

Henry Rimes, on remand, for embezzling the sum f 1,8 35., was again brought up, and confirmatory evidence of that given on the first hearing being adduced, the prisoner was committed for trial.