RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 4215, 30 August 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

Wednesday, Acrotrsr 30. (Before T. A. Hansford, Esq., 8.M.) Judgment was given for plaintiff by default in the following case—T. Maloney v, Walsham, claim L 6 15s on a promissory note. Pugh v. Grainger.—Claim L 3 6s, on a judgment summons, for wages due. Mr Joyce appeared for plaintiff; Mr Mouat for defendant.—Defendant said he was earning only 3s or 4s a week, selling wood and coj3 on commission ; but after hearing plaintiff’s evidence his Worship said it looked as if defendant was trying to get out of paying the claim. Judgment was given for plaintiff for the amount ; defendant to pay it in instalments of LI per month, in default fourteen da,ys’ imprisonment, Christie v, M'Farlane and others.—Claim LSO, for damages sustained by plaintiff through defendants’ trespassing on his pro-

aand breaking down his fences. Mr A. jftto appeared for plaintiff; Mr Dennis - ton for defendants.—James Christie said he was owner of section 9, block 2, Upper Hai bor East. A private road went from the beach road to the district road aoross the section, but witness never gave anyone permission to use it. Defendants, however, several times broke down the fences and usad the road, and witness estimated his damage at LSO, Cross-examined : Witness gave permission to the residents to use a road

16ft., tat not a chain wide. Other peonle had trespassed in a similar manner to defendant?.—Andrew Christie, plaintiff’s bob. said heiiad seen defendants’ men breaHn* • the. fences. The road had been at times two or three months unfenced. Alfred Hears, laborer,, said he often passed along the road across section 9, slipping out the panels of the fence and replacing them alter going through. Plaintiff and his son told him to do this whenever he liked, and the latter in particular offered him an axe to knock the fence down with. Andrew M‘Farlane, one of the defendants, said he and plaintiff had agreed about tbe use of the road, plaintiff hating to receive a wmn.il piece of land in exchange for the privilege. The latter subsequently recalled his permission. —George Finmore, draughtsman in the Road Boards Office, said no drew the plan produced and had seen correspondence showing the agreement between plaintiff and defendant. A Bill was now before Parliament to effect the exchange of land for the use of the road, and all necessary steps l»*d been taken for that purpose.—His Honor reserved judgment. [Left sitting.]