MAGISTERIAL.

South Canterbury Times, Issue 2340, 16 September 1880, Page 2

MAGISTERIAL.

■» T E MUK A—Y EST E R DAY. (Before F. Guinness, Esq., 11. M.) Tim COMPULSORY CLAUSE. .Bryant -was summoned by the Temuka School Committee, for neglect-, ing to send his children to school. Mr A. Wilson (Chairman of the Committee appeared to prosecute) and Mr Johnson for the accused. Mr Wilson stated that at last meeting of the Committee a resolution was passed, authorising him to prosecute the parents of absent children. The evidence of the school-teachers Mr Mclntosh and G. Davis, shewed that the requisite notice had been served on Bryant, of Sodtown, and not on the defendant, and the case was dismissed with 10s costs against the School Committee. A similar ease against J. Boulter was dismissed, as (he printed notice signed by tlic Chairman of the School Committee and served on defendant, had not been properly filled up. School Committee v. Phillips. This case was withdrawn.

11 is' Worship stated that although in these cases the defendants had escaped, he would unhesitatingly convict where the necessary proof was forthcoming.

CIVIL CASES. Cafney v. Brosnahan—Claim 12s, for impoundage fees paid under protest. Mr Austin for plaintiff.

The evidence showed that the cattle were impounded off land respecting the title to which there was some dispute, and the Bench having no jurisdiction the plaintiff was non-suited. Judgment was given by default in the following eases . Conway v Donage. £!) Us Gd ; Thomson v. Kitto £ob IGs Bd. Franks v Dorrock—Claim £B7 10s, reduced to £.17 10s, for damages done to a draught horse and a quantity of malt. Mr llamcrslcy for plaintiff, and Mr White for defendant.

Plaintiff deposed—On Thursday last rny attention was called to the defendant, who was rilling- a saddle horse and driving my draught horse. Ilewasbising Ids whip freely, and after about a quarter of an hour’s exertion he ran my horse into my malt-honse. There wore three parcels of malt on the floor, and the horse was there two hours crushing it under his feet and eating sonic. I estimate the damage done at i!s per bushel. There were 120 bushels. My horse was laid up for three days, and I value my loss at 10s per day on that account. Isy Mr White —I believe he was driving my horse to pound. I remember the horse being in the cooper’s shop before, but not the malt-house. I took the horse out after two hours.

Thomas Hear], a maltster of ten years’ experience, said he had examined the malt and estimated the damage done at Is bd to 2s per bushel. Morris Savage, a laborer, and James Franks, son of the plaintiff, gave corroborative evidence. At lids stage the Court adjourned.