MAGISTRATES’ COURTS.

Globe, Volume VIII, Issue 932, 20 June 1877, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Tuesday, June 19. (Before G. L. Mellish, Esq., R.M.) City Council y Barnard— Re-hearing. —Dr. Foster, on behalf of the City Council, applied for a re-hearing of the case of obstructing the Council’s employees while cutting a drain across Mr C. Barnard’s land between Aldred and Conference streets, which had been decided the previous day in favor of defendant. The learned counsel contended that by entering on the section to cut a drain to relieve contiguous sections of storm water, the Council were only acting under the power held imder clause 220 of the Municipal Council’s Act. His Worship thought differently, and considered that clause only applied to land upon which water might be lying, and under which circumstances the Local Board of Health could enter thereupon and drain therefrom. Had it been intended that laud could be entered upon where water was not lying it would have been so stated in the clause. If it was found necessary to cut a drain through any section leading to a public drain, notice should be given as provided for in clause 219. It had also been shown when the case was heard that it was not necessary to drain through this section at all. Dr. Foster said he could prove to his Worship that it was necessary, and that water w r as actually lying on a portion of Mr Barnard’s section at the t ime. His Worship said this had not been shown in evidence, and if the Council came into Court with their case slovenly got up it was their own fault. His opinion was unchanged as to the reading of the clause, and he would decline to grant a re-hearing.

Wednesday, June 20. (Before G. L. Mellish, Esq., R.M.) Disobeying an Order.— John Both was charged on warrant with having failed to comply with an order of the Court to pay 15s weekly towards the support of his wife and family. Mrs Both stated that she had not received any money from her husband for six weeks. In reply to his Worship, accused said he had not been in employment lately. A man named Keats at Oxford owed him £.3 6s, which he would be willing to give to bis wife, if be could get it. Ordered to pay arrears, £1 10s, forthwith, in default one month’s imprisonment. Drunkenness. James Cotter, charged with being drunk, was fined 10s. Thomas Wilson, who had been arrested for drunkenness, and admitted to bail, did not answer to his name, and his Worship ordered a notice to be issued to show cause why his recognizances should not be estreated.