RESIDENT MAGISTRATE'S COURT, LYTTELTON.

Lyttelton Times, Volume V, Issue 568, 14 April 1858, Page 5

RESIDENT MAGISTRATE'S COURT, LYTTELTON.

Monday, April the 12th. PEftCIVAIi V. HUGHE9. This case, which was heard to-day before a full bench, involved some important principles as to the rights of owners of land through which the Government propose to carry a l-oad in the absence of a Road Ordinance. In this case Mr. W. H. Percival summoned Thos. Hughes, an overseer of the road contracts, for. having entered upon his land at Governor's Bay and made a cutting thereon, for which damages were claimed to the extent of £20. The cutting is part of the Governor's Bay road, and other land holders in the neighbourhood are understood to be in the same position as Mr. Percival. Mr. Duncan appeared, for the defendant. The plaintiff stated that Hughes had directed the catting to be made, and superintended the operation, without any acquiescence by him; but defendant's counsel, as well as Mr. Dobson, the provincial engineer, who appeared in evidence, havingadmitted the fact of the cutting and also that no distinct agreement for purchase or compensation had been made by the Government before commencing the work, the plaintiff added that he had allowed the cutting for the road to be pursued through his land reserving only his claim for compensation from the Government to the extent of the injury inflicted. This claim, it appeared, had been to a certain extent recognised by the Government, but from certain causes had never been satisfied; and plaintiff alleged that, hopeless of obtaining satisfaction, he had brought this action to recover compensation by a iegal process. The Court decided that under the circumstances the case against Hughes for trespass and injury to the plaintiff's property was not substantiated. '

The Spray arrived yesterday afternoon from Sydney direct, which port she left on the 25th March. She brings 100 rams (a few lost), 4 bulls, and 18 horses, the property of Mr. H. Cox, who returns to the colony by this opportunity. The New South Wales Assembly met on the 23rd March. There is no other important l news, nor any so late as that via Otago. Import markets were dull, and little doing. Wheat 7 and flour were brisker, stocks light, and growers ;.holding- The latest quotations for new flour fare £19 ss.