MAGISTRATES’ COURTS.

Globe, Volume I, Issue 67, 18 August 1874, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Tuesday, August 18. [Before C. C. Bowen, Esq., R.M.] INDECENCY. A charge of this nature, committed in the park, was preferred against a young woman named Mary M'Aulcy. After the evidence of the park-keeper had been heard, his Worship remanded the prisoner until Friday to allow of her father being communicated with. LYTTELTON. Monday, August 17. [Before W. Donald, Esq,, R.M.J DRUNK AND DISORDERLY, John McGill, charged with this offence, was scut on board his ship, the East Lothian. UNNATURAL OFFENCE, George Hendly, on remand, was charged with this offence, and committed for trial. CIVIL CASE. Mainer v Captain of the Peeress, for luggage stolen during the passage out. Mr Nalder for the defendant. The claim was for £7. The case turned upon whether the captain of the Peeress could be considered a common carrier. Judgment was reserved till to-morrow. KATAPOI. Monday, August 17. [Before G. L. Mellish, Esq,, R.M., C. Dudley, Esq, and 11. Mcllraith, Esq.] POLICE ORDINANCE, John O’Brien, arrested by Constable Haldane on Saturday night, was charged with having being drunk and illegally on the premises of Mr Kavanagh. Admitted. Fined 10s and costs, or in default, 48 hours’ imprisonment. Charles Evans, alias Piccalo Charlie, arrested by Constable Haldane, was charged with having been drunk and disorderly in a public street on Saturday night, Admitted. Accused pleading in extenuation that he w r as working on the Eyrcton line, but had hurt his finger, and having a holiday, he got the worse for drink. Fined 10s and costs, or forty-eight hours’ imprisonment. CATTLE TRESPASS. T. Foulkes, for allowing two head of cattle to stray on the roads, was fined 5s and costs 6s 6d, CIVIL CASES. Superintendent by collector for Kaiapoi education district v W. Dynes, claim, 9s; no appearance of defendant; judgment for plaintiff for amount and costs. S. Wornall v Randal Woodhouse, claim, £4O, damage done to forty acres phormium teuax and 10 acres grass by fire spreading, Mr Joynt forplaintiff, Mr J. S.Woodhouse for defendant; paid into court £3 ; plaintiff stated the phormium was fit for milling, he could have obtained 14s 6d per ton from it, viz ;—2s 6d, the price at which it could be sold to the mill, and 12s for carting it, and had previously sold at this price. He had his own teams and could make 25s a day. The grass was worth ninepence per week for each head of cattle, and he had forty head which could have been kept on it three months. T. Hanna stated he had examined the scene of the fire, and computed there must have been 200 tons of phormium destroyed, valued by him at 2s per ton, and worth 5s fid for cutting, and fis fid for carting to the mill. Witness had cut twenty-two tons per acre from land near it. The grass was worth 5s per acre per annum. J. Renaghan had inspected the land with last witness, and gave corroborative evidence. H. Lough valued the grass destroyed at £lO. as it would have kept forty head mixed cattle during the next few months. For the defence, H. Mcllraith stated the phormium in question was not so good as that on his laud adjoining, which was also burnt, but on which he had set no value, and did not intend to claim. His opinion was that phormium had no value, and that the land by its being cleared away was improved for the growth of grass. A fair rental for plaintiff’s land for grazing for twelve months was £7 10s, The grass burnt would take six months to grow again. By Mr Joynt—Would not have burned my phormium had 2s per ton been offered for it. T. M'Donald stated 30s or 35s was full compensation for the loss of grass, or 5s per week for the six weeks during which the grass would spring again. He rented the 100 acres adjoining at 10s per week, and part of which was in English pasture. W. Oliver, of the Leithfield mills, said phormium was worth from 5s to fis to cut it, and fis to 7s to cart it. The mill was stopped, and he would only buy phormium if he could get it very cheap. J. Smith stated what Worn a 1! had previously sold to the mill was inferior. The Resident Magistrate decided that the claim was excessive in respect to the phormium ; he must take the present market value which was nil, but £3 had been paid in on account of it, and Is fid per acre would be allowed for grass destroyed. Judgment for plaintiff for £6 15s, and costs £9 3s 3d. Mr Joynt demurred to the judgment, and wished the Bench to take a note that he objected to the low value placed on the phormium, having shown by evidence that it was worth 2s per ton. J. Reid v A. C. Gray, claim £2B fis lOd, for wages; Mr Joynt for plaintiff, Mr Garrick for defendant. [On this case being called on in the morning Mr Joynt said Mr Garrick bad asked him to agree to an adjournment till the 12 45 train arrived. The Resident Magistrate said he had arranged for the Court to sit at 10 o’clock to accommodate counsel, and if they did not attend the case would be proceeded with. In this instance there was, however, another lengthy case, and it would be heard after it,] The plaintiff had met with

an accident from a horse while in defendant’s employ as farm-servant. He was sent to the hospital, ami on his return finding him to be incapacitated from working defendant gave him a month’s notice terminating the yearly agreement by which he and his wife were engaged at £7O per annum. The claim was for £l2 (is deducted by defendant from the wages due on June 29th, viz., £3 Kis for carriage of plaintiff to the hospital, and £9 Ids for surgical attendance which plaintiff stated he had never authorised to be incurred, and wages amounting to £lfi Os 10s to the end of term for which he was engaged. Defendant’s statement went to show that plaintiff’s wages had been paid for the five months’ during which he was in the hospital, and he paid the expenses, as plaintiff did not appear to be in a position to do so. Parker stated he had kept a registry office for servants in Christchurch for ten years. The custom was to give one month’s notice. Counsel having addressed the Court, the Resident Magistrate gave judgment for plaintiff for £l2 6s and costs £4 9s. APPLICATION. Dr Dudley made an application for the withholding of an order of ejection from premises granted against H. J. Wood at last Court on the application of Mr A. Thompson which would mature next day. He said Mr Cottrell had been expected to attend to make the application and in hia absence he did so. The circumstances of the affair were that on last Monday Mr Wood consented to the order being made, but on condition that the premises were to be purchased for him on Wednesday. On the latter day it was ascertained that they had been sold to Mr Revell. He (Dr Dudley) went next day to see Mr Thompson, and was informed that Mr Revell had been offered the premises on the previous Saturday. Mr Wood had therefore consented to the order on false representations, and he (Mr Dudley) wished the Court to suspend its operation. The Resident Magistrate was loth to interfere on an ox parte statement, but ultimately was understood to say that when the warrant for ejectment was applied for, notice would be given to Mr Wood, who might then shew cause why it should not be granted. LEITHFIELD. Saturday, August 15, [Before M. Morris, Esq.] LARCENY. James Bowes Turner was brought up, charged on the information of Samuel Taylor with this offence, and remanded to Ashburton, where the offence was alleged to have been committed. Bail was taken, accused on his own recognisance of £25, to appear at the Magistrate’s Court, Ashburton, on the 22nd inst.