R. M. COURT.

Manawatu Standard, Volume X, Issue 1469, 1 October 1885, Page 4

R. M. COURT.

THIS DAY.

( Before R. Ward, Esq., R.M.) CHIMNEYS ON FIRE. Three persons were v each fined 5s for above offence. CIVIL CASES. Thos. Jordan v. J. Perrin (rescuing cattle) withdrawn by leave. Wide Awake v. N. Berquest— Claim, £4 10s. Adjourned to next court day on application being made to the Bench by Mr (t. F. Hawkins on behalf of Mr J. H. Hankins. E. Warburton v. Wni. Summers— Claim, £10 9s. Claim for house rent Mr Gr. F. Hawkins for plaintiff. Judgment tor. plaintiff and. costs, counsels*'fee £1 Is. G, F. Hawkins v. A HendersonClaim, £9. Claim for prornisory note on demand dishonored. . Defendant stated he did not remember ever having given the paper or being asked to sign it. - Plaintiff was sworn and deposed to recaiviug the document-irorn defendant. Mr Warburton appeared for plaintiff. After considerable discussion between the Bench and plaintiff's solicitor as to the validity of the document produced, judgment was given for plaintiff. ' A. Peterson v. Harper.— Claim, £14 13s lOd. Mr Gr. F. Hawkins for plaintiff. Judgment and costs, for plaintiff. A Klemen v. F. Maule.— Claim, £1..j Mr G. F. Hawkins for plaintiff. Mir H. Gardes acted as interpreter for plaintiff, wlio was unable to speak English. > ■ Claim was for damage to garden py a cow belonging to defendant tresspassing. Evidence as to the damage effected was given by several witnesses 'called by defendant who stated that there was not any damage of consequence. Mr Hawkins asked for a judgment for 10d as it was evident some damage had been effected according to the evidence adduced by defendant. The Bench ga"ve judgment for 2s and costs 6s. JUDGMENT SUMMONSES. J. and W. Staples v. C. S. Gatton.— Claim, £5 18s lid. Judgment bummons. Mr A. S. Baker for defendant who did not appear. Order made to be paid m six weeks or m default 7 days' imprisonment in>Wanganui Gaol. T. Goodison v. H. Symons.— Claim, £8 3s. Judgment Summons!. To be paid m 14 days or m default 9 days' imprisonment m "Auckland Gaol. . Alex Ferguson v. Hemuiingsen. Claim ,616 4 7d. Mr .Gr. F: Hawkins (acting for Mr J. H. Hankins,) for nlaintiffy Mr Morrison (Wood ville for defendant. ,;• After a lengthy hearing as to the position of: defendant, and his ability or 'otherwise, to- pay; the Bench dismissed • the summons, considering- it was not proved that defendant could comply with an order to pay. ; J. McDowell v. A. Burr. —Defendant offered to pay £1 m one week s time, and the balance m one month; which was accepted. ■•.•••:"..■'■• Rescuing Cattle. ' T. Jordan v. George Smith and Henry Smith, (alms) Pincher. Charge for rescuing horses from the plaintiff, the duly appoiuted ranger for the Borough of Palmeroton. ■ „ Plaintiff deposed going round Alexan-der-Street and. seeing three horses belong, ing to Mr Smith straying, he took charge .of them and drove them towards the pound. No one had charge of them- ; when he got them as far as Fergusonstreet, the two defendants ran across to him and wanted to kno w what business he had with the horses; one of them caught his horse by the head and pushed it back, a man named Peck was with, them : they took the horses from him and placed them m a paddock m Ferguson, street, belonging to the defendants; witness told them the penalty they incurred by their action, and they replied by telling him tog o h—J. By Mr Staite : Did uot see a boy near the horses, when he took them m charge, there was no person near them, they were not on a private section ; they are continually on the public streets. •- E. Hughes deposed to seeing the three horses taken m charge by Jordan, and rescued by the defendants and placed m a paddock ..subsequently. He heard a little boy call to Mrs Smith, and say: ••Mother, the ranger is: taking the horses. Mr Staite called William Smith, who stated to the Bench : He was ten years old; could read and write; went to school ; went to English Cclroreh ; never read the Bible ;■• did not know any prayers ; never prayed. If he lied he would go to gaol; he tried to say his •prayers, but could not; he heard his sister say her prayers and thought" he would like to ; believed God would be angry if he told a lie ; knew bad people wont to hell and good people to heaven., v The Bench there administered, the oath and 1 the witness waa examined by. by Mr Staite. , Remembered the day the horses were taken; was walking along to -drive the horses into a paddock ;;was m charge of the horses. By Mr Jordan: Saw the ranger on the road and had been driving the horsesbefore he came and was m charge of them ; was taking them to be harnessed, to the paddock. George Smith deposed to instructing the boy to take the horses to the paddock ; did not see the seizure ; helped to take them from the ranger as they wanted to use them. This closed thecase for defence. ... . Mr Jordan contended that the horses were straying and were not m charge of any person ; that the defendants m any case should not haye rescue 1 the animals frb.m him but taken the proper course" of action by laying an information for illegal seizure if he had wrongly seized them. The Bench considered that the evidence of the boy Smith was truthful, and % aUhou<>h it 'was' : not proved that at the moment of seizure the boy jvas actually driving- therhorses, yet he belived that; he was m charge an 4 that the horse 3 were not at large.... He wdull dismiss the ca3e but make no order as to costs. The Court then adjourned.