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Hawke's Bay Times, Volume 19, Issue 1233, 27 January 1872, Page 2

In the Resident Magistrate's Court this morning his Worship gave judgment as follows in the case of Nesfield v. Oarlyon:—"The Cattle Trespass and Impounding Act 1867 distinguishes between fenced' and unfenced lands, and gives an appeal to two justices. Where the question of fact, as to the sufficiency of the fence, is in dispute, the justices may not, perhaps, be bound by, but will natural)} be guided

by the definition of a sufficient fence in another statute. Taking then for my guide this definition from the Hnwke's Bay Fencing Act, 1864, T decide that the land in question had not a sufficient fence within the terms of that Act, nor f any other fence equivalent thereto.' The trespass must therefore be treated as having been on unfence,d land. The cost of driving is allowed by the Impounding Act, subject to appeal to two justices. It is evident here that the actual and reasonable cost is intended. I think 12s for driving twelve horses two or three hundred vards must be regarded as excessive, in the absence of any evidence as to their having given unusual trouble in driving. I consider 5s would be very full payment for the actual labor. Subject to these deductions I cannot see that the impounding was wrongful. The common law pa«es quoted by Mr Lee refer to liability for damages arising from a breach of a legal obligation to fence, but it does not appear that there is any obligation on the defendant's part, in respect to the fence in question, except possibly to conti'ibute towards the repair when called upon to do so under section 8 of the Fencing Act of 1854, and subject also to section 19 of the same Act. I therefore give judgment for the plaintiffs for 19s, being the amount paid by them in excess on impounding of the twelve horses, with costs."-—One drunkard was fined ss.

It is highly probable that Hawke's Bay will this year send but one representative to compete for the General Government prizes at Christ church in March next, viz , Ensign Close, of the Napier Rifle Volunteers. The competitive match prescribed at pages 8 and 9 of the Rules and Regulations for General Government Prizes was commenced on the morning of Wednesday last. The whole of the competitors,— viz., Messrs Close, Moore, Morrison, and Renouf, all members of the Napier Rifles, passed through the first stage i.e. , made 30 points and over at 200 and 300 yards, 5 shots at each range. The shooting in the second stage was also gone on with on Wednesday, the 400 yards' range and 4 shots at the 500 yards having been tired. The scores at the close were—Close, 28; Moore, 24; Morrison, 20; and Renouf, 16. There remained to be fired one shot at 500, and 5 shots at 600 yards, which took place this morning. The total scores in the second stage were— Close, 45; Moore, 38; Mcnison, 37; and Renouf, 33. The good score of 40 being the minimum number of points required to qualify for district representative, Ensign Close is the only one who has succeeded in passing. Great inconvenience is often experienced by those who inadvertently omit to sufficiently stamp their letters. A notice of letters detained on this account is from time to time hung outside the Post Office, but it must often fail to meet the eyes of those interested, Some time since, we published one of these lists, and we now follow it up by giving the addresses of those letters detained during the months of December and January, with the dates when posted, and the amount of postage .deficient:—• Dec. 15—J. M. Newman (care of Mr Bibby) Waipawa, 4d; 16—Mrs Burgoyne, Victoria, 3d ; Mrs Read (care of Mrs Hammond) Taradale, 2d; 20 — Lange &" Thoneman, Melbourne, Id; 28—Jonathan Hutchinson, Selby, Yorkshire, 4d; 30~Mr HughM'Call, Argyle, Scotland, 4d; Jan. B—Mrs A. Grant, Ruataniwha, 2d ; Wm. Wilds, Lahore, India, 6d ; 19—James Brown, Meanee, 2d.

The Duneilin Evening Star, January 12, says: —Captain Hulton, assistant Government Geologist, U now on a visit to Southland. At In ve real'gill, a deputation of gentlemen interested in the development of the coal seams of the district, had an interview with him for the purpose of rendering him what assistance they could in carrying out the object in view. In the meantime, Captain Hut ton has proceeded to Benmore station, the property of Mr Webster M.H.R., where some promising indications are said to exist. On his return to Invereargill, which is expected to be in the {course of a week or ten days, the investigation will he resumed under the gnidauce of one or other of the mineral borers who have

been engaged upon the various expedir tions fitted out in the district. On. the 11th inst, Ernest H. Ingpen was; charged with embezzling Government monies, between April and December last. The accused was registrar of births, &c. } for the district, and clerk to the Magistrate's Court. An examination of his books was instituted on the 20th ult. by Mr M'Culloch, R.M., and Captain Elles, Collector of Customs, when the accused admitted having received various fees for marriages for which he had not accounted. On the evening of the 29th ult. he went to sub-inspector Fox, and asked him to, take him into custody, saying that he knew instructions had been given for his prosecution, and admitting that his defalcations amounted to ,£6.8. Ha has been committed for trialj bail being allowed.

The Auckland Harbor Board are. taking active measures to secure all tha most valuable information with regard to the best locality and method of construction for a graving dock. Lettershave been addressed to persons of known practical experience in such matters, requesting the benefit of opinion in each case. From such means, it. may fairly be anticipated that good and practical results may follow.

The Otago Daily Times, January 16, Kays :—We regret to have to report a serious loss by fire which occurred at; Lawford on Sunday, whilst Mr Cardale. was at church. It appears that Mr Bailey's man had previously been on the ground for the purpose of thrashing out some grass seed, and it is supposed that the cook had left some live embers which kindled the grass, aud ran on to the stacks, bixraing about 800 acres of beautiful seed, besides Mr Bailey's combine and elevator, altogether destroying about <£7oo worth of property.