RESIDENT MAGISTRATE'S COURT.

Manawatu Herald, Volume II, Issue 4, 5 September 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

FOXTON, Wepnbsiuy, September 3, 1879. (Before R. Ward, Esq., R M., and E. S. Thyuue, Esq , J.P.) ..BUKACir OP PUBLIC WOUKS ACT. Himiona, a native, was charged with a broach of tho Publio Works Act in .-swimming a horse across the Manawatu River, within half a mile of the Foxton ferry. Defendant admitted tho offenoo, but said Bowo, tho ferryman, would not iillow him credit, and refused to take him over without the money. Thomas Bo we, the infcrmnut, deposed that on the occasion in question, Himiona took his horse into the river, despite a warning from himself, and when across plaintiff roworl over and demanded the money,' which defendant refused to pay. He denied that defendant asked for credit. His Worship asked if the collector's name soale of foes, &c, were painted on the board. Mr Uown said tho soale of foes was al most erased by the weather, but any person who went within 3 or 4 yardß of the board could read it. He admitted his namo was not painted on tho bo.ird Ilia Worship said the case could not stand. If it wore intended to bring a test easo, the ferryman should see the law w%a complied with. 'm ■ : Mr Bowo said the County En ,'inoer*hud promised him a new boaiffifa. ,jgfc.< Mr ytaito withdrew thPHrar^pl W UNLAWFULLY IMPOUNDINGj Hariat*. a native woman, was charged with unlawfully impounding a horse, the property of Tatana, residing at Poroutawhao. Mr Staite appeared for complainant, and in opening the case,,sai<l defendant claimed land which had for over 20 years been used as a publio road, and had pounded plain • tiff's horse, which was tiod up at the Foxton ferry. He had only just been instructed in the case, bu> upon looking over tho Act, ithought Jfaje offence could not be suslainOT. Tit wonlcffiaveibeen better to bring a oivil action for damages. * i Hitf Worship remarked the case would '•4

op(?u a lar^o question, and it would bo better ] f.o have the cuso guTiointo thoroughly. | Caso withdrawn. I The Court thoii adjourned until 2 p.m. i liiiKAcn ov nAruvAv ukchiations. I Eliot Warburtou wns charged with a ! broach of the abovo regulations, in travelling | on tlie line delwoeu Palmergton and Foxtou j w-thoufc a ticket, not having previously paid | tilG-fs>VC. ' i Edward SflrtlaJni, sworn, deposed — I am •' a railway guardfemployed on tho line be- I tween Foxton ,a/id .Haloo'rab'e; on the 13th August Mr Wnrlnirton joined, the train at Palmerston at 11 48 a.m. ; at all stations I iiiapeet the passengers' tickets j.Mr Warburton was a first-class passenger, and told, me had not procured a ticket ; I replied hei would have to pay the fare from Ilalcombe to Foxton, and I should have to summon j him ; Mr Warburtou gave ma tho money to pay-, and I handed it m to. the Foxton ajta. tion-mustev; I acted under my gGneral"m« stm^wis (produced), 'fllJJHavvkms,' at this point, contended hthai'a copy of the .-.Gazette confci\j£irig the proclamation publishing tho bye-laws w/uld ..: ,be necessary to prove the 'complainant's' .authority, v-^ An attoip!|^?4^ii'ide to ft ad the Gazette : containing tl\V p'rbekmation but it was not ' to l>9 had. Tho'iiaiich upheld the objection, arid disuHdbcd the ease without prejudice. DRUXKEXJfESH. An Awahuri native was fined 10a and costs for drunkenness. The line was paid by his friends. ' ■ ' CIVIL CASES. ' 1 wo- cas'o.'! — I' 1 . Oook and S Cool- v. .1. • i\l'BeLh--were adjuuvned until 'next Court day, on the .application of Mr Hawkins, defendant' ■>, solicitor, plaintiffs . jreceiving; 10s each^as co-tsl . ' I Darroll v. B;iseaml —Claim £19 2s. MiHawking for plaintifT, Mr Stnito forflefend* anfc. — This ca3e aroan through somo dispute between the plaintiff, who was steward of ■ thu p.s. Sampson, aud the defendant,.. who is captain of the sime vessel. Mr Staite, on boh si If' of Captain Bascand. applied for an adjournment, as his client (Bnscimil), had had that morning to leave the port with a valuable cargo of material from the Hydrabad, which h« could cull Captain Gibbon to prove, if jiece>s:iry. Ho might say that his client utterly denied owing onu penny of the amount claimed, and he believed had filed a se; off, but in order to avoid the trouble entailed by Court proceedings, had offered to pay £o Jo save any litigation. Under, these cimirautnnccs, he hoped tho Bench would follow tho usual custom, and grant an ndjournmont. Mr Hawkins, for the plaintiff, contended that if the ailj'Hirnmenfc was gfiiuleu, il woukl bo a great hurdslup to hi& cliuiit. He hud soen Captain BnscaiHl t-hnfr morning, and he had then stated his intention of staying to f-oo the case out. His client had been in Foxton a fortnight now, waiting for the case to be heard, and had been put to considerable expense for board and lodgHig,. besides the loss of wages. He hoped tho Bench would take into consideration these facts, and refuse the adjournment. After consideration, the Bench granted the adjournment, with £5 costs. M'Fadyon v. Wm. Knocks— Claim £1 7a Od, balance of account. Judgment ex parto for amount claimed and costs, os. Crowtlier. v. Ruek — Judgment confessed for £15 19s 4d and costs,l6s, to bo paid £2 a month. Crowtherv. Turau— Claim, £23 9s lid. Defendant said ho had no money, aud would pay ns soon as a ~piikc?«i, gSfo-owofl^iim money paid him. Judgment confessed wicE" costs, 88s. Reeve v. Bowe Birchley, & Co. — Claim £14. Settled out of Court.