RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume XI, Issue 691, 22 June 1859, Page 5

RESIDENT MAGISTRATE'S COURT.

j CHRISTCIIUCHTrT^BDNESDATj./JoNE 15. ■ (Before John, Hall Esq., : R. M., and Joseph Brittan j -■'■■■■ Esq./XP.) .: '•■"; „; - ■ . i ■) BREACH OF SHEEP ORBIkANCE. ; Charles White, of the- Waimakariri district, ; appeared to answer two charges of--haying' sheep ; infected with scab; in his possession; '■;",;■ ' ::. Mr. Adams, the inspector, deposed as follows.-^-,,,. On 23rd ultim'o'l examined a flock of '3000 sheep in charge of accnsed, at the 'Race:. Course Hill Station. I found one sheep infected with scab, and my opinion, is that the disease was three or four weeks old. The rest of .the flock appeared healthy. Defendant admitted, the charge, and the fine of £100 was placed on record against him, to be enforced unless a clean certificate be produced by the 24th October next. On .the second charge, the inspector stated that he examined another flock of 1500 wethers,, belonging to accused, the day subsequent to the first examination, and found two infected sheep,■" thes diseasi being apparently about the same age as in the former , case. Accused admitted the charge, and stated that on the first April, 900 of Mr. Owen's sheep joined ;up, and on the 17th, 1000 more; that he did not then know those sheep were scabby. Accused also said ithat his sheep had already' been dipped once, and that he intended to dip again next week. Convicted ; and fined £100, to be enforced unless a clean certificate be produced by 24th October next.,' : i A similar charge was also brought against Mr. j : Dugald McFarlane, an adjoining runholder. '■■-: The Inspector, Mr. Adams, stated that: on the ■ 25th ultimo he examined a flock •of 1500 sheep, belonging to accused, in the yard at his station* He found two sheep scabby; and a:third\doubtfuls He believed the sheep had been clean a fortnight: pre- ] viously. ,: _.'■'_. . : Accused stated that he had himself been unable -to detect anything like disease among his «heep, and 'also his son-in-law, Dr. Coward, had examined them : with a similar result; but he allowed that they.both \ felt' themselves to be but little acquainted' with the [disease, and' therefore he presumed he must subniit ;to the experience of the Inspector. He felt cbnvin • iced, however, that his flock was not diseased. The - m

—im iinii ii ii ii in tin himiihiiiii in i iii ii iii iii ii i r ecjjiMrwn. inspected sheep had been dressed, ana" the fleck had been "•narrowly watched ever since without any ' symptoms appearing. Accused also said lie con ; 'sidered that under the circumstances of his case the act was 'severe in its operation against him, and he complained of its pressure very much. '"' The Magistrate wished to 'impress upon tho 'accused that the Court could not entertain any discussion whatever as to the propriety or otherwise of the' law. The law Avas there and applicable 'to • accused as, well as to others, and must be administered ,as such, and for any injury that accused .might' have suffered he had the usual remedies, of jwhich he might avail himself according to Hie circumstances under -which he felt himself aggrieved. Accused was convicted, and fined £100, to be enforced unless a clean certificate be produced by the 14th of November. ASSAULT. MILTS V. BALLARD. The main facts of this case were as follows. On Monday the 6th instant, about eight or nine o'clock ,in the morning, complainant's wife went to the Fleece Hotel, to visit Mrsv. Pierce, who had been lately confined, and whom she had known intimately for some time past. Mrs. Mills behur a person of lively spirits .appeared to the nurse in the room to conduct herself in a manner unfitted for a sick room, and, Mr; Ballard Avas complained to, ay ho thereupon came up, and gave great offence to Mrs. Mills'by the manner in which he bade her' leave the house; she Avent off to her husband and brought him 'back Avith her to demand an explanation from Mr. Ballard; a great I'deal'of angry conversation "then ensued, during which Mr. Ballard told complainant that his Avife Avas " screeching drunk," and that he would have them both locked up as they Uvereboth drunk, and immediately Avent inside his house by the tap-room door, complainant following him; at the door, Mr. Ballard turned round and 'pushed complainant' away from him, at the same time blowing in his face, in a manner approaching 'to spitting. Complainant then told* Mr. Ballard that he shoiild prosecute him for his conduct that both towards himself and his Avife.

,' A great many witnesses were called in to give evidence, both as to Avhat actually occurred on the night in question referring to the assault, and also 'as to Mrs. Mills' conduction that night. The evidence, which was very voluminous, Avent :to_ establish tlie'fact that-an Assault' had been corn;;mitteuVboth by the.push? said to have given^'and in ;;the actiomof blc-Aving into complainant's face';' ■ TheiCourt stated that. they, were sorry to see a matter, s like the present; brought before them; it ', would .-have been better if the parties had settled it ;quietly, amongst themselves, and more ' to, their | credit ;thaii appearing before the public. Mr. Ballad's "conduct /towards Mrs.' Mills had "been.'very - Avrongi and it;Avas clearly proved that he had coni- ; mitted ; an*'' assault upon: Mr.! Mills, 1 aggravated by : the insfilt of bknving- in his face. The imputation :of drunkenness which he; had. cast' upon Mrs.' ;.Mills Avas entirely.disproved;;an'd Avas a most un- ; founded charge. However,with regard to the fine ■ to be .inflicted, the Court .would, take dnto their consideration that the expenses were very.heavy,, and they should only inflict'a fine of £\ for the assault, .and defendant shouldl pay the !costs, including the of the* witnesses; this amounted to £3 3s Cd. Judgment accordingly.