RESIDENT MAGISTRATE'S COURT, I FOXTON.

Manawatu Herald, 19 August 1881, Page 2

RESIDENT MAGISTRATE'S COURT, I FOXTON.

■ « . Wednesday, August 17, 1881. (Before Mr W.rd, R.M., and Messrs Tuynue aud Ru.s.U, J.P.'s.) BREACH OF THE PUBLIC HEALTH ACT. Wm. Greenough, publican, of Ocaki, appeared iv an.wer to the above charge, the offence consisting in allowiug a uuisauce to exist after a nonce to abate the same had been served upon him. Mr \V. N. W.ird appeared for the defendant, and Mr Hankiu, for the Ocaki Highways Bjanl, which is tho L.cal Board of Health for the Ocaki district. Mr Ward explained that his client abated the nuisance complained of two days before the Bummons was served, and that the whole question now to be decided was, who should pay the costs. His client was not prepared to do so ; but if the Board would pay costs to date he would be content to let the matter drop, otherwise he was prepared to go on with the case. Mr Hankins said he was not prepared to pay costs, but asked that the case might be a Ijourued to Ofcaki, when it could be decided before the Resident Magistrate on the occasion of his next visit there. After further discussion, the Conrt adjourned the case till Sept. 14, at Ofcaki WANDERING HORSES. John Futter was charged by Samuel Tansley, Ranger to the Foxton Local Board, with allowing a horse to wander on a pubic highway on Friday lasfc. The charge was laid under " The Local Districts Impounding Act, 1875."— The Court remarked that certain formalities were required to be gone through before this Act came into operation. The resolution bringing the highways under its operation had to be advertised in a j newspaper, and placards posted in conspicuous positions on the roads referred to. Had this been done ? — The Ranger thereupon produced a copy of The Manawatu Herald notifying the resolution, and informed the Court tha., accompanied by the Clerk of tho Loc.il Board, he had attached notices to all the highways in the township. — The Resident Magistrate said the requirements of the Act appeared to have been complied with. — Upon being asked to plead, Mr Futter said his horse undoubtedly was wandering on the occasion referred to, and he thought the Ranger had only done his duty in summoning him. — Fined 5s and costs, 7s. Francis Loudon was then charged with allowing a horse to wander on the same date. — Samuel Tansley, Ranger, deposed that about 8 a.m. on Friday morning he found defendant's horse on a public road running past Mr Blake's house, and towards Mr Hulke's ; he saw the horse at large on the two previous days. Cross-examined. —l saw the horse on the road, and not on the reserve; I would not be surprised if you were to tell me you were at Rangitikei on the horse I saw at large that day ; the road was fenced on one side; the horse was at large for two days previous, down in front of Mr W. Robinson's house ; I do not know if you keep your gates always shut ; lam certain it was your horse. — By the Courfc — I know of no (other horse like Mr Loudon's ; I am certain it was his ; I have good reason for remembering it, for I once had an enquiry to submit to for impounding it ; the horse is a chesnut with white feet and a white face. — Henry Blake deposed — I saw a horse at large on Friday morning ; I believe ifc was Mr Loudon's because I have been told it is his ; it was on a road near my house. — Defendant, being sworn, deposed that his horse was in the paddock on Thursday lasfc ; the paddock is securely fenced, and the gate is fastened wifch a chain ; as he had to go to Rangitikei on Friday, he wenfc aboufc 10 p.m. on Thursday to get his horse, but found the gate unfastened and the horse out ; he thereforo got up early on Friday morning, but could not find the beast, though about 9 o'clock he found him on a reserve, and got him, after which he rode to Rangitikei. The summons alleged that he " allowed " the horse to wander. This was not the case, for the horse wandered without his (the defendant's) permission. (L .ughfcer.) He therefore hoped the case would be dismissed. — The Bench said no reason had been given why exceptional treatment should be shown in this case. Fined 5s and. costs, 12s G'J, iucluding allowance of 3s Gd (value of half a day's work) to witness. William Reeve, senr. , was then charged with allowing a horse to be at large on Monday last. He admitted the offence, and was lined 53 and costs, 9s. CIVIL CASES. (Before Mr Ward, R. M.) Thynne, Linton & Co. v. Wm. Greenough. — Claim £52 7s Id, for goods received. Mr Hankins for plaintiff, Mr Ward for defendant. — Judgmeut for plaintiffs for amounfc and costs, _5 Is. Same v. same. — Claim £22 8s Bd. Judgment for amount and costs, £2 7s. Same v. J. A Hea.on. — Claim £41 14s Id. Judgment for plaintiff for amount and costs, £3 7s. (BeforeMr Ward,R. M.,andMr Russell, J. P. ) Rose Bond v. Nepia Taratoa. — Claim £7 19s 91, upon judgment summons. Adjourned till next sitting of the Court, plaintiff to pay costs. Owen Flannagan v. W. H. Reeve. — Claim £4 19~, upon a judgment aummons. —In this case the plaintiff asse: ted thafc he was induced to work on a contract for the Highways Board by defendant's promise to pay him out of his first " draw " from the Board. He had never been paid, although defendant had beeu settled with for the contract. — The Court held that this promise should have been fulfilled, and as defendant admitted the plaintiff's statement, he was ordered to pay the amount in 14 days ; in default, 10 days' imprisonment in Wanganui GaoL Edward Walsh v. W. H. Reeve.— Claim £6 7s, judgment summons. Mr Hankins appeared for plaintiff, and asked thafc this summous might be discharged, as he wished to apply for a rehearing in order that the oase might be brought under the Contractors' Debts Act.— The Courfc agreed to grant a rehearing, provided plaintiff paid the costs. — The judgment summons was thereupon discharged, and the application for a rehearing granted, the defendant saying he had no objection, as he wished to pay the men their wages. — The plaintiff deposed that he worked for defendantonaconfcract for removing a sandhill for the Local Board ; he worked for 12 days 7 hours afc 7s per day. Judgment for £5 4s and costs, Us. Certificate under the Contractors' Debts Act to be served upon the Foxton Local Board for £4 10s 61, amount for 12 days 7 hours, at 7s per day, with costs, Us. James Walsh v. W. H. Reeve. — Claim £8 18s, upon a judgment summons. A similar course was gone through in this case as in the preceding one. It appeared, however, that part; of the amount sued for was owing upon work done on another contract, and consequently a certificate was issued only for the amount due upon the Local Board contract, with costs lis.