RESIDENT MAGISTRATE’S COURT.
This Day. (Before A. 0. Strode, Esq., E.M.) Fairbairn v. Fairbairn was a charge of assault. The complainant stated that on tile 25th ult,, while flic .was engaged at her washing tub, her husband struck her with a pick handle, and without any provocation being given, knocked her down. She brought him to Court, because he dared her to do so. Defendant stated that he struck the compl iiuant only in self-defence. She had struck him with a bar of soap, and he found it necessary to hold her to prevent her striking him again. Drink was the cause of her temper. John Bevan stated that he knew defendant to be a hard-working, industrious man, and he thought the disagreement With the wife was caused by her propensity for drink. In cross-examination witness stated that he had forbidden complainant entering his house because of her drunken habits. Case dismissed. Civil Cases. Doining v. Waite, M‘Crae v. Coventry, and Robinson v. Rutherford were adjourned. Several cases were dismissed for non-appear-ance. Sampson v, A. J. Smith was a claim for LIOO, The plaintiff is a settler at Green Island, and is the lessee of section 38, block I, Dunedin and East Taieri district. Leading to this section is a private roadway, through which it has been found necessary to carry the Clutha railway. The plaintiff alleges that the consequence has been to completely shut up all means of ingress to his land, for which he claims the above sum as compensation It was elicited in evidence that the roadway in question is only leased to the plaintiff, its owner being a Mr Brown, but the former has the right to purchase it. Brown in his evidence stated that there had been some sort of an agreement between himself and the General Government to give up the roadwny, but that the latter had failed to comply with their part of it. Mr Haggitt, who appeared for the defendant, who is a contractor for the Green Island, section of the railway, relied principally upon the 73rd section of the Immigration and Public Works Act of 1870, with which was incorporated the 55th section of the Railway Clauses Consolida ion Act of ISSJ. The latter Act gave power to the company to take its line of railway, along or across any private or public road &c , and by the Act, remedy by action was taken away altogether, except in cases where special damage was sustained (Watkins v. Great Northern Railway Company, 20, L.J.N.S. Q. B.) and then recourse could only be had to the Supreme Court, as the interpretation of the Acts of the General Assembly of last session made the word “company” in the English Acts so incorporated, to moan “the Governor,” and the word “the Court” to mean “the Supreme Court.” He would put in the proclamation by the Governor fixing the point of commencement and termination of the Clutha line ; also a proclamation defining the limits of deviation, and giving a description of theline; and the plan deposited with the Registrar of the Supremo Court in terms of the Public Works Act, and in which the plaintiff’s road was delineated, Mr Stewart, who appeared for the plaintiff, asked for an adjournment of the case for a week or a fortnight to enable him to examine the documents and plans put in. Some novel and important points were involved, and it would he m >re satisfactory that they should be carefully considered • than that the case should be hurriedly closed. His Worship : The points appear to be very clear to me. 1 think I have no power in the matter. Mr Haggitt resisted the adjournment. The plaintiff was'entitled to no consideration. At the outset he had claimed LSO compensation, and when asked by Mr Calcutt to show his title, he tefused to do so. contenting himself by declaring that unless he got his LSO he would go to Jaw, and not getting the sum he asked for he accordingly went to law. If his worship thought the adjournment should be allowed ho (Mr Haggitt) would not oppose it; but he pointed out the impolicy of adopting the system of allowing a suitor, after his opponent’s case had been concluded to obtain time to endeavour to upset the case made out by the latter. After some further discussion, in the course of which his Worship expressed the opinion that Mr Stewart’s application was an unusual one, counsel for the plaintiff withdrew the case, intimating that if he were satisfied that the facts as stated by Mr Haggitt were correct, nothing more would be lieard of it; but if they were not, it would he brought on again. Ziele v. Hilgeudorft.—Ls7 18s 4d.—Judgment by default for the amount claimed, and costs. John Reid r. John Leckie, was a claim for L 54 15s Od ; Mr Bathgate for plaintiff, and Mr Stewart for defendant. It appeared from the evidence that a short time sines Mr R. D, Bust, a tlax-dresser at Waikouaiti, went to the plaintiff and asked for an advance of LSO to enable him to carry on his business, he promising to send in fibre to the plaintiff to the value of the amount of the advance, Plaintiff r-fused to comply with
the request unless Bust obtained a guarantee; and.-lje named tike defeildm|j whose guarantee plaintiff accepted. On 6<ftaining his note /of hand to that effect, the plaintiff made the necessary aduanoes since when, Bust had been declared a bankrupt; and plaintiff now fell back ,on defendant, as, guarantee. Judgment for the plaintiff, L 3, and costs. .Somerville v. Cramond. —L26 5s I Id. Mr Stewart for the plaintiff; Mr Stout for the defence. This was an action brought to recover compensation for damage and expenses incurred in releasing 310 sheep, the property of the plaintiff, illegally impounded by the defendant. From the evidence it appeared that the plaintiff and defendant are neighbors and owners of adjoining property, and that Cramond’s land is unfenced on the side next Somerville’s property. The sheep, which were ewes in lamb, trespassed on Cramond’s land, and were by his orders driven to pound. It was alleged that injury had been done by driving them backwards and forwards ; but no positive damage as yet had been ascertained.
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Evening Star, Volume IX, Issue 2641, 4 August 1871, Page 2
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1,051RESIDENT MAGISTRATE’S COURT. Evening Star, Volume IX, Issue 2641, 4 August 1871, Page 2
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