RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume XI, Issue 696, 9 July 1859, Page 5

RESIDENT MAGISTRATE'S COURT.

: CHBisTCHURCH.'JuifE 29.' ' ■■'■■■■■-l (BeforeJohriHall.'Esq., T£Mj ; - ■' ; BREACH O> SHEEP ORDINANCE, y J Regina v. Thos.^llovvley.—Possession of ?*Scabby Sheep.—The accused.^adrintted tlie charge, -brought by the Inspectqr;|br 'tile Southern -.'District, against a flock in ;h|s,|p6 Nssessidn at his station; at the Ashburton. The Inspector -was of opinion that the sheep he inspected had- been diseased about 8 weeks. Fined £100, to be remitted if a clean, certificate be produced by,the"2lst fdetoberneixfc'■'•:.• '^^ ■ •^similar charge was als,o, preferred;, by the same Inspectorjagainst, Sir (William -Congreve. .-.,:• '{"$ Mr. Duncan attended on behalfofthe prosecution. Mr. Wyati, "whoappeared -for' the' accused, admitted that the sheep-were scabby,arid<alsothat"they bore the registered brand of Sir :Wm..Congrevej but contended that the sheep were not in the. possession ;6r liu^tody of .th^ accused.* .The further he,afing#pf this case was adjourned to the; 18th July, by consent ;of both:parties, for the production of evidence on the subject. ;; J ,; ■■■■'v'i ':'"'-: "■"'■'■■'-:--'' '' '■;■■.-;":-'1 :-'"':' !"';; J ■-.•'.,■■ :;- •:.'.■;•:; ■;:.• wife- DESERTION. ■'■'■" ■-'. -- f?' '■■:■ ■! John Elliott was charged with having deserted his wife and children. .'■ '"rK^ ■■■■■.';■;. ; -;!: : From thestatement of the wife, which/was also : corroborated by a witness; accused had left his wife and. family at the house, of an acquaintance named: JBurset, the witness referred;tp, who had offered,- them temporary accommodation cm their' first' arrival in the settlernentC . Air that accused had brought to \ his wife dttringthe last .ten or"eleven^weeks was £4 15s. Aecused<'sfete4;''l'n;''ans:^isr/.that'-'"he;:had; always contributed to the support' 6f-hi3i wife and! 'family to the extent of his power and was "still wilh'ng'to'do so; IjLYJ .'iO'.-I ;? Vi''-U..IJ>.X i' l, s The Court considered, the charge of neglect: : was' full^ Substantiated, ajid :dccusßd was liable ,jto a: heavy fine; they should "however'"fine him in the; nominal sum of Is;, but they-should oifder lvim to i pay,£l'per week: towards the 1 support ofr. his; -wife; and .family. V 'B':U\'i,L " .•. ■ ' '. ■ .'< :- ; J o yr . YARDING SCABBY SHEEP. ' \ .—. Mr. A. R. Creyke applied on. behalf, of. Mr. Chas.; ;White .that Mr.ipugald'McFarlane shpuldbe prde^redj under the 15th section of the ' Ordinance, to herd and yard his sheep,vthe same having been con-; demned by a conviction on;the 14th June last. ,-' Robqrt.Ford Thomas c and Mr. ..Creyke ■ both ..de-; posed on oath as to haying seeji'sheep of Mr. ,;Mc Farlane'sj which''tp'.the^ best.of thei^ knowledge had not been dressedl upon the run under the supervision ,of Mr.- Charles White, and they apprehended danger if rom Mr. ;McFarlane's.: sheep ; w.hich ; had- been condemned; and,, to the,best of their knowledge npt dressed, as their own flock under ; similar . circumstances had been...'.....,.... .; ;.,;!.:!,,'. l-^ V ; The court granted an order to the above" effedt, to' hold good until the 7th of July, in order to give'Mrj McFarlahe an opportunity of opposing a" permanent order, an applicatioii'for which would be considered on that .day. B : ;::A , .; <-, ■ Saturday, July 2nd. (Before John Hali, Esq., R:M.) ,; ;. -Joseph Betts was fined 10s. for. drunkenness and disorderly conduct. ./;:■;, . ■ ' . Charles Hill was fined 40s.' for drunkenness, this being the second conviction ; since the 2bth June. • -.•..": Frederick Forster \vas fined 40s. for illusage of a horse in the town, and also 20s. on a second' charge for furious riding. „.; v ;•■.-.;•; .; O ■ ■ • : Monday, July 4. ' (Before Joseph Brittan, Esq., R.M.) .: .James Hill and, W. Smitt.were fined ss. and 10s. respectively for drunkenness. . . Wednesday, July 6. (Before John Hall; Esq., R.M.) , ;■'.;;■■■• ,■ r'■-■}.,:: REGINA V." WUZEEKAH. , ./.. ',■ '■:"'■■ . ..This was a.prosecution for larceny, on the part of John Cracroft Wilson, ;Esq.,,against Wuzeerah, a Mahomedan. Accused, had in his possession, when Ins house, was searched, a copper boiler, and various idols arid' small articles, whicii Mr. Wilson identified as his property, to the value of from 30s. to£2; As the prisoner did not confess the charge, the magistrates had no alternative but to commit - the prisoner to take his trial atthenext assizes. ;■ :. ■ jGeorgCi Cowell- was .fined 2(Ds. for assaulting and tlirowing a'stone.^f. Amos :Smart, near the Golden Fleece^ at Christchurchi•'o'n^^the sth instant. i ' :r- ThubsdayV July 7. (Before John Hallj Esq., R.M.) : Mr. Creyke applied that a permanent order be issued to ;.Mr> Dugald McFarlaneto herd and yard his sheep, in accordance with Section 15 of the Sheep Ordinance. . : ; ( , Mr. McFarlane also appeared. Mr. Creyke, on being sworn, stated that some of the sheep, on the'runs'under, the charge of Mr. Charles White had been pronounced:diseased, and had accordingly .been dressed in'what he believed an effective way; Mr. Mc'Farlane's.had'-also been condemned; and since his .'ebnyi6tion".iiis sheep_ had strayed into the run abbv4mehtibned,'aiad applicant was apprehensive of. tHeir dtiihg so agiiin, and causing' damage to his flock which had been just dressed.' ■' "f :.'•■■ :■ ■ ■..,.:'■•■■■'•■■ Mr. Bagge also deposed to having seen sheep bearing Mr. McFarlane's brand, upon three separate occasions, and one of these occasions took place since the dipping of Mr. White's sheep. And that since these sheep had undergone their second dip- ; ping, he had seen "two sheep bearing the brand MF amongst them. :!: •"',»: . i .;'...• t( , .. Mr.-: McFarlane had no objection to tlie issue of the order, but requested that it might be delayed till the 12th instant, engaging in themeantime to : use his utmost endeavours to prevent his sheep from straying. -• ;■ .. !' Order issned to come/in force on Tuesday the 12tli instant.' : A■•: '-''• -r ' ; An application was then made by Mr. McFarlane that an order to the same effect be issued against 1 Mr. White. : ■< rv/.f-! '.' .'Vf ;-.'; -•'■ '.• '\' I - „: Mr, McFarlane stated that Sir. (White's sheep had been' condentried.ori the, l^tjrultimo; and he was unaware of any evidence hasiingbeen since produced that they were clean.-TlSat since he had been told, by,. Mr. Hill that these s)ieep were prpnouncQd scabby, he had seen sheep brand R on his own run, and the brand was not Miv'Rowley's. • , ' ' ; Cross-examined by Mr. Creyke: This was on one. occasion only, when Mr. Hill took some of the sheep from my own'riin with'his own to deliver to. Mr. White.'; Tliere- was not more than one ram with, this lot. These sheep hadnnixed with mine arid had to be draftedout; I cannot tell where the mixing took, place. 'The sheep so taken away Imd not; been .dipped. I have not dipped, my..sheep since they ' have been pronounced scabby. lam apprehensive that Mr::Wliite's sheep, although'they .have been twice dipped, will if tliey;mix with mine injure tliein, nlthougli'-the latter -have Hot been dressjed. ;

.Mr. Creyk'o oivoiith tlicn stated thai'tlie" condemned flocks had come-up in their full complement ;at the time of dipping.. On the 14th ult., the whole ; qf Mr. White's sheen; had' been oilce dipped, and at = the 2nd dipping lie did not see any sheep which had ; not been previously dipped. . ; The Court considered that the evidence adduced ;was insufficient to justify "tliem in granting Mr' i McFarlane's application, and 'that if Mr. McFarlane ; desired it, they would adjourn the case to allow ol ;his bringing evidence that Mr. Wliite's sheep had strayed on his run. Mr. MciFarlano-declined to bring forward any additional 'evidence, and therefore withdrew his application. :■- .■..,,'■•■••