BLACKS.

Dunstan Times, Issue 822, 18 January 1878, Page 2

BLACKS.

In the Resident Magistrate’s Court on Tuesday last, the 15th instant, Mr W. L. Simpson adjudicated in the following cases : —M'Endoe v. Dundas, claim L 5, damages to growing crop by defendant’s bull. The information described the bull as a red one, and one of the witnesses deposed that defendant's bull, and the only one running about in the district, was a dirty kind of roan color, a mixture of black and white hairs. Adjourned at the request of plaintiff to obtain further evidence as to the bull. M'Endoo v. Healey for damages to his freehold land by the diversion of the Mannherikia on bo it. The Magistrate rnled as the question involved one of title he had no jurisdiction, and ordered a nonsuit.— M'Endoe v. M'Comb. This case was adjourned till the next court day, some informality being discovered in the summons or service of it.—Walsh v. Spain. Mr F. J. Wilson appeared for plaintiff. This was an action for illegally impounding a cow and calf, the property of plaintiff, and to release same from the pound he had had to pay L-l 2s 6d for driving expenses and pound fees. Defendant adtnftted the impounding, and Mr Williams, the poundkeeper, gave evidence as to the charges made. Defendant, called by Mr Wilson, deposed to impounding tho cattle from a paddock containing a growing crop and adjoining the plaintiff’s paddock. Evidence was taken as to tho description of fence surrounding defendant's paddock, and it was elicited that the fence on three sides was of a good description, but on tho fourth, tho side adjoining plaintiff's paddock and over which tho cattle had made their way into defendant’s paddock, was not good, witnesses for the plaintiff stating it to average only two feet nine inches in height on plaintiff’s side, while those for the defendant thatit was five foot, including a ditch, on defendant’s aide. Mr Wilson said that as the fence was not in accordance with the fencing ordinance, and defendant admitting the impounding, ho would ask for a verdicV Tho Magistrate said he was not clear as to whether some of the later acts did not affect the case, hut as he had not the whole of the acts in the Court ho would reserve judgment till the next court day. In the Warden's Court, besides some few applications, the only ease a complaint by J. Spratt, Manager of the Blue Mountain Company, against Murphy and company, for not working or maintaining pegs and trenches on a twnncre claim, and applying that the said claim bo abandoned. Mr Wilson for plaintiff, Mr. J. C. Chapplo, by consent of the Court appeared for defendants. Witnesses for plaintiff supported the complaint, while for defendants it was argued that they could not say if the pegs were maintained, but

that they in wnrVJng K a four-acre claim adjoining to get at tlie claim in dispute. It also transpired that defendants had lately marked out and applied for a lease of 6 acres, and had re-marked the claim in dispute, or rather marked out ground including part of ; t. The defendants admitted the laches in not working, and from what they said, it appeared that they had not maintained pegs, and they asked the Court to inflict a tine rather than forfeiture. After discussion the Warden made a proposition for amicable settlement of dispute, and the parties expressed willingness to settle on terms proposed, if they could adjust matters on ground, and as had been proposed on plan. Case was adjourned to next Court, to give them opportunity to do so.— Mr Chappie, at the opening of this caseasked the Warden’s permission to apnear for the defendants, and produced a permission given him years previously by Mr V. Fyke, then a Warden. Mr Simpson thereupon said that permission Was granted under Regulations that were now repealed, and were, in his opinion ultra vires. He (Mr Simpson) further said the position of things had been changed by the passing of the Mines Act, 1877, but no application having been made to him he had not considered the matter closely. He'(Mr Simpson) remarked, however, that he was surprised at Mr Chappie making such an application considering the course he had taken, some time since, in sending him a copy of a letter he (Mr Chappie) had addressed to the authorities, in which anything bat pure motives was imputed to him (Mr Simpson) in the discharge of his duties on the Bench : some -of the remarks in it amounted to slander. It is true the authorities had taken no notice of the letter ; still, it showed that Mr Chappie held opinions certainly not of confidence in him as a Magistrate and Warden. Mr Simpson further said that between the Bench and anyone occupying the position of agent there must be the utmost confidence, which he feared did not exist in Mr Chappie's case.— Mr Chappie remarked that he had always behaved courteously in Court when 'transacting any business.—-Mr Simpson said it was a graver fault, perhaps, to act as he (Mr Chappie) had done. Any application made under the new Act would require very mature consideration before being granted. Mr Simpson then said, having been made aware that one of the defendants was absent and had relied on Mr Chappie being allowed to appear, consented to'him representing defendants, but remarked that it would form no precedent. Blacks district has apparently the true ring of genuine prosperity about it, and by the very general activity noticeable among all classes it bids fair to make its name hoard as one of the towns of Otago. Its resources are good, and it will rather be the fault of the people than of the place if in the course of a few years it does not figure as one of the wealthiest districts an Otago. The large area of first class agricultural land that surrounds it on'every side is sufficient to make it prosperous ; but independent of bhat.it has its -gold in deep as well as shallow ground, the former of which must eventually, when timber can be landed on the ground cheap, will employ a large population. Mr Jones has accepted a tender for building his flour mill at Spdttis Creek, and work is to be commenced -forthwith. According to plans and specifications the Spottis Creek mill will be a very substantial building ;• it is to be threestoried, built entirely of stone, while the motive power of the mill-stones will be a turbine constructed on the latest improved principles. Mr J. Pitches, in Blacks township, is getting on with his new store. This is constructed of stone, and when completed will be a great improvement to what is already the handsomest street in any up-country town in Otago. It is to be hoped some other of the business people will see their Way clear to follow tho good "example set them. The County Council has, it is true, spent a good lot of money in improving Blacks town, and while aboufit they might as well complete their good Work and make the approach to tho upper end of the town. The crops, thpugh backward, look very well, and indicate a good harvest. Some of tho crops at Ida Valley, and others at Glaasford’s Swamp, look exceedingly well.