RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3410, 26 January 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, January 26. (Before A. C. Strode, Esq., R.M.) Drunkenness.— Mary Anne Harris was fined 10s, in default forty-eight hours* imprisonment; Jeremiah Doughley and James Robertson, 5s or twenty-four hours’, CIVIL OASES. Bailey v. Nightingale.—Claim L 4 for hire of three musicians in connection with the late concert of the Otago Rifle Association, LI 5s for decorating the Drill-shed, and 2s for expresshire. Judgment by default for the amount claimed, together with costs. Clark v. Dickson.—Llo,‘ damage for cattle trespass during the years 1872, 1873, and 1874, on sections 16, 18, 20, 22, and 24, block 5, Portobello district. Mr Stout for plaintiff, Mr Haggitt for defendant.—John Dickson said his father (the plaintiff) was the owner of the sections referred to. They were sown in wheat, oats, potatoes, &c. Defendant’s cattle had been frequently on the, property, and had trodden it down. The loss and trouble sustained was about L2o.—By Mr Haggitt: He had driven his milk-cart across defendant’s land.—Win. Dickson, the plaintiff, said that defendant’s cattle had trespassed on his ground, damaging oats, potatoes, and carrots. Ho questioned whether LlO would cover the damage done.—'There was a cross-action in which Clark sought to recover from Dickson damages for alleged cattle trespass, and for illegal impounding of certain cattle.—Plaintiff said defendant had Jimpounded five milk cows, his property, on the Bth January last, which had strayed on to his land. He thought Dickson, had taken the proceedings against him in consequence of ill-feeling existing between them. The defendant’s cattle had frequently been on his grounds.—Evidence was also given by Mrs and Miss Clark.—His Worship did not think either case was of a very serious character. As regarded the first plaint, he was rather inclined to consider that the offence must be thought to a great extent as having been condoned, as there was ample time to bring an action between 1872 and 1874. Looking at the whole case, Dickson suffered at the hands of Clark somewnat, but he (his Worship) hoped his only object in bringing the action was to make Clark keep his cattle on his own paddock. He would, therefore, give judgment for 40s and costs.—ln the other case there was an illegal impounding, and judgment would be for Clark for 15s and costs, which would meet both counts.

_ Charles Neave v. William Mill,—Chaim, L 5 os, freight on goods shipped by the cutter Mermaid, to be taken from Dunedin to Waikouaiti. Mr Stewart for plaintiff, Mr Stout for defendant.- Judgment for defendant, without costs. [Left sitting.]