BLACKS.
(Communicated.) In the Warden’s Court here on Tuesday last a case for damages for illegally impounding was decided by Mr Warden Simpson iu favour of the plaintiff, and as the points of the ease are of some interest I will briefly narrate them. It appeared from she evidence that Mr Joseph Class, the defendant in the case, having been for a long time past troubled by plaintiff’s cow getting through or over his fence into his growing crop, and after repeatedly telling plaintiff, who took little or no means to prevent the trespass, resolved eventually to impound it, and accordingly on a Saturday afternoon took possession of the cow by driving it into his stockyard for that purpose ; it being late in the afternoon, and seeing that he could not reach the Clyde pound, a distance of 25 miles, before dark, he kept her in the yard until the Monday morning following, when he drove her in and impounded her, claiming 30s damages to fence, and 30s driving expenses ; hut he gave no notice to plaintiff that he had impounded her either on his own premises or in the public pound. Plaintiff, however, knew of the impounding, immediately released her, and afterwards brought the action for damages. In evidence plaintiff admitted the trespass, but pleaded that the fence was not sufficient, and also that he had not received any notice of the impounding. The Warden in giving judgment said that as no notice had been served, and also that as the fence was not a fence in accordance with, the Fencing Ordinance, it having only one ditch instead of two, verdict must he for plaintiff. The point of the fence is not of much moment, as all land owners should be well posted up in the fencing laws, but the power to impound on ones own premises for 24 hours, by giving notice to the owner, should he well known, as it will doubtless save much time, and moreover bring the parties together and perhaps prevent litigation. Great dissatisfaction has been expressed here at the sale of the land in Lauder and Tiger Hill blocks having been held at Clyde, many averring that tiie loss to the Government, and consequently to the County, will be something considerable thereby. For my own part, I can see no reason why people should bo dragged 21) or 30 miles to purchase a piece of land, when good quarters are handy. 11 has so often been said that the Waste Land Board, of all the departments of the Government, try their level utmost always how not to do it, that I am almost afraid to repeat it, but as in this particular instance the desire was evidently to put every possible obstacle iu the way of it being sold, my excuse is valid, bur the results have proved, how gloriously taken in has this precious Land Beard been this time, as iu spite of the long journey every section, but three, were sold, and all realising grand prices, but as you doubtless will have a full account of the sale 1 shall give you no more hearsay on the subject, 1 must, however, hope that if, when tho next block is for sale, and a distant place is selected for the Sale, that the people will not set quiet, and tamely submit to be so treated, but really I can now see no use for one central Board dealing with the laudsof the whole country. If the County Councils can lie entrusted with the important duties they have to perform, they surely could he banded over tho dealing with tho lands. The idea way be worth something, if so, the County Council, or the Chairman, also, as M.H.IL, are welcome to it.
The contractors for the budge across the river here are doing nothing towards the structure, the approaches, however, are 1 icing pushed ahead most vigorously ; as the mornings and evenings are getting very frosty very little can '<ow be expected to be done to the structure till long in the Spring, as it is quite impossible to build stone work while the froot is in the air.
Host MTutosh has again raised the Blacks' Hotel on the ruins of the old house, and on Tuesday night last, the opening occasion was celebrated by a free Ball and Supper. At about 3 o’clock the invited guests began to arrive, and shortly afterwards the music struck up, ami dancing commenced and continued till near midnight, when the room was partially cleared, and tables laid for supper, these being literally loaded with poultry and cold joints, intersjiersed with pastry of various sorts ; a part of the company sat down, these being satisfied, others took their seats until all were served, when the room was once more cleared and dancing renewed. About forty couples, besides a whole legion of single men were in attendance, and one and all thoroughly enjoyed themselves. During supper, Mr James Samson, of Alexandra brielly thanked Mr MTutosh for his kind invitation, and after dilating at some length on the heavy loss sustained by Mr MTntosh by the late fire, and hoping that by increased custom in his new house he will soon make up all lost lee-way. Mr MTntosh acknowledged the compliment paid him, and said his best attention would bo given to bis business so as to insure the realising of the hope so kindly expressed by Mr Samson. With daylight the fun cea e.l, and all took their way homewards, some to Alexandra, and others eieswhere. I notice the farmers are very busy just now ploughing, in fact, 1 saw oue sewing, that is getting on with the work with a vengeance.
Saving the news that reached me that the whole of the properly in the estate of the late Griffith Thompson are to go to the hammer on Tuesday the 20th instant—Mr Fache wielding the hammer on the occasion —I have nothing further to say, so will wish you “ good night.”
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Bibliographic details
Dunstan Times, Issue 890, 9 May 1879, Page 3
Word Count
1,004BLACKS. Dunstan Times, Issue 890, 9 May 1879, Page 3
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