RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 4197, 9 August 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

Widkesday, August 9. (Before T. A, Hansford, Esq., E.M.) Bbyte v. The Taieri Hoad Board.—His Worship gave judgment herein. The material facts of the case were not d-sputed, the defence being that no action will lie against a Road Board in consequence of a bridge being out of repair. His Worship said that wherever au injury had been sustained he believed there was always some redress for that injury, and that inasmuch as no indictment will lie here if the niaintifl.’ is shut out from his remedy by civil action he is left without any redress whatever. Though it might not he compulsory for Road Boards to make all the roads ami bridges in their respective districts, yet having formed them it was their duty, seeing they were provided with the means for so doing, to keep them in such au efficient state of repair as to prevent travellers from injury through their neglect. The Ordinance declares that all roads and bridges shall be under the care and management of the Board, and he (his Worship) considered it the duty of every Board to take care that no bridge authorised to lie used by the public shall be so rotten that a horse’s hoof will go through it m passing over. The points of law were, however, so intricate that it was a satisfac* tion for him to know that an appeal would Ue from bis judgment to the Supreme Court.

Judgment was given for plaintiff for L 35, with costs.

Wise v. Dalrymple.—His Worship delivered judgment, saying that this was an action to recover Lll 10a for money had and received by the defendant for the use of the plaintiff; or, in plainer language, to recover the sum of 11 10s paid by the plaintiff to the defendant under protest to obtain possession of certain deeds improperly detained by him. His Worship, after remarking that sufficient publicity had already been given by the Press to the facts of the case to guard the ignorant and unwary against the dangers to which they were exposed in obtaining small loans, proceeded to review the facts. He concluded by saying that the whole transaction, bo far as the defendant was concerned, was anything but reputable, and would redound but li' tie to his credit. After carefully examining the figures, and making every allowance to the defendant, he (his Worship) gave judgment for the plaintiff for LlO and costs. [Left sitting.]