MAGISTRATES' COURTS.

Globe, Volume II, Issue 138, 10 November 1874, Page 3

MAGISTRATES' COURTS.

CHRISTCHURCH. Tuesday, November 10. (Before O. C. Bowen, Esq,, R.M.) DRUNK AND DISORDERLY. James Graham and John Frost were each fined 55., and George Brown for being drunk and resisting the police was fined 20s. LARCENY. Thomas Collins, arrested by detective Benjamin for stealing a spirit level belonging to H. Price, carpenter, Caledonian road, was remanded until Tuesday. LYTTELTON. Monday, November 9. (Before Wm. Donald, Esq , R.M.) DRUNK AND DISORDERLY. J. Jones, arrested by Constable Maguire, was discharged, as he was locked up during Sunday. DRUNK AGD DISORDERLY. Anne Jordon, alias Andrews, arrested byConstable Wallace, was sent to Addington for ninety-six hours' imprisoment. KAIAPOI. Monday, November 9. TBefore G. L. Mellish, Esq., R.M.] CATTLE TRESPASS. T. M. Martin, T. Foulkes (two information), G. P. Milsom, H. Hinge (two informations), A. Zapperzich and°T. were respectively fined 5s and costs 6s 6d, for allowing cows and horses to wander at large. A case against J. Kinley wns adjourned, and against W. Wilkinson dismissed. R. Woodford in reply to the charge cf tethering a horse in a public thoroughfare near Flaxton, explained that the land was still in its native state, and road not clearly defined. Dismissed. BREACH OF RAILWAY ACT. Thomas Stevenson was charged with having driven a horse and dray along part of the Northern Railway line on September 25th. H. Re veil stated the accused was acting under his instructions. D. Leach, contractor for keeping the permanent way in order, stated he saw the accused commit the offence. He (witness) was held responsible by the Government to prevent persons trespassing within the fences along the line. Accused did not say he was acting for anyone. Mr Kevell explained he had sold a part of the land near the line to the Government, but had a right to use it, and a right to cross the line at the place referred to. The Magistrate thought Mr Revell had a right to the land, but no privilege to cross the line. Case adjourned. B. Smith was charged with a similar offence, which was proved by D. Leach. Accused stated, as a carter, he was employed by a man named Thompson to remove firewood near the line, but when told he was trespassing he went away. Would not have gone there only he understood Thompson had obtained permission. He was away from the line at least twenty minutes before the train came up. The Magistrate, observing that the trepass appeared to have been done unwittingly, fined accused 5s and costs, witnesses being allowed 12s 6d. CIVIL CASES. J. Patterson v Mandeville and Rangiora Road Board, claim £IOO damages, adjourned from last court for judgment. The Resident Magistrate said, in this case the only difficulty was to ascertain the amount of damage done by the backing up of the water on the plaintiff's land. It had been attempted to be shown that he had to some extent caused the flooding ; but it was only proved that he had narrowed the creek to its natural channel. The case might have been avoided if the Board had put a culvert in the road. The Board had not right to make the road in the way which it did to back up the water, and he felt perfectly certain that the damage to plaintiff's land would not have been so great had a culvert been put in. The damage did not all arise out of tbe action of the Board, but Road Boards had no right to obstruct water as in this instance. The evidence of defendants went to show that they did not give it free course, and plaintiff had clearly proved that he sustained damage. Judgment was for plaintiff for £SO, and costs £ls 16s. An application made by Mr O'JSiell for

I execution against the Board to be withheld till the Chamber sittings of the Supreme Court, was agreed to. J. 11. Greer v It. Day ; claim £l3. This action ha nig arisen out of the district could not be entertained. S. Killing vW. Farquharson, claim £4O. It appeared that in 1869 plaiutiff sold his blacksmith's business, Saltwater Creek, to defendant for £l5O, and £4O more if it paid working expenses at the end of two years, tin latter to be determined by reference to defendant 8 books. Defendant showed that at the last settlement in reference to the £l5O, he paid plaintiff £lO and they cried " quits." Judgment for defendant with costs. C. Dudley v W. Burnip, claim £7 17s 6d; no appearance. G. Ivens v W. Orchard, claim £8 6s 9d, set off £8 7s; judgment for amount claimed.