RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 637, 27 February 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

Mondat, Feb. 25, 1867. (Before H. M'Culloch Esq., E.M.) I Civin Case. BRIDGES V. SATEES Action to recover the sum of £15 damages said to have accrued in consequence of defendant's having broken down part of a fence. The plaintiff in opening his case^.exi plained that his reason for bringiiig a civil action was that the Clerk - r to the Court refused to issue a sumintbns under the Police Ordinance, clause 3, section 8. (Ordinance referred to by the Court, and clause read as follows : — " Every person who shall wilfully destroy, or damage any public building, erection, bridge, fence, post, gate, bench, sewer, culvert, watercourse, road, footway, or other public work.") 1 Mr M'Culloeh— The Clerk had no business to refuse to issue a summons on i application, leaving the party to take the consequence if his action was irregular. Plaintiff — He did refuse in what I must call a discourteous and surly manner. 1 The hearing of the case was then gone on with. As usual in neighbors' quarrels, the evidence was conflicting. The difficulty appeared to rest on the validity of a claim by the defendant to a certain right-of-way. The case was ultimately dismissed on the ground that it was beyond the ! jurisdiction of the Court. No order was made respecting costs.