RESIDENT MAGISTRATE'S COURT.
(Before H. M'Culloch, Esq., R.M.). Tuesday, 21st Janttakt. Matheson and Smith ». Crapp. — Clniro for £13 19a lOd, for goods supplied and house rent. Defendant did not appear. Judgment for plaintiffs, with costs £2 7s. Coupland v. J. and A. JPMenami*. — Claim for £35, damage to crops from defendants oaring broken certain fences, through which horses and cattle had strayed on the plaintiff's land. Mr Harrey for plaintiff, Mr Wade for defendants. The defendants are sub-contractors for that portion of the Mafaura railway which passes through plaintiff's land. Plaintiff had agreed for the sal* of a certain portion of the land for the railway, but had stipulated that the fencing necessary to protect his crops should be erected before his present fences were interfered with. Defendants constructed the earthwork through his grounds, breaking up his fences in doing so. The contractor for the fencing did not finish the railway fences for some time after, during which tbe cattle got in, and did the damage sued for. Mr Wade applied for a nonsuit, on the ground that the action had been brought against the wrong parties, quoting the Public Works and Immigration Act, 1870, the Land Clauses Consolidation Act, 1863, and the Imperial Parliament's Railway Clauses Consolidation Act, 1845, to show that the responsibility really lay with the Government. Mr Harrey contended that the action was properly brought against the actual trespasser. His Worship said he would reserve his decision. Weaven and Co. v. Soss. — Claim for £5 18s 6d, goods supplied. Defendant admitted liability for £4 11s 6d, which had been paid into Court. Judgment for plaintiff for £4 11s 6d. Wbdkksdat, 22»d Jauuaby. (Before H. M'Culloch, Esq., R.M., the Mayor, and D. M'Arthur, Esq., J.P.) J. H. Smith applied for a license for a slaughter yard on the Bay Road, about half a mile from the North Road. Mr Wade appeared for the applicant, and Mr Harrey to oppose the application. Mr Harvey presented a memorial, signed by a number of the reside nts in the locality, praying that the license might not be granted, and several witnesses were called to show that the drainage of the locality was very imperfect, and that the road in the neighborhood of the proposed yard was between deep' ditches, rendering it impossible for women and children to escape if attacked by ca'tle being d ripen to the | yard. Tbe hearing of the evidence occupied about two hours. .After a short consultation, the bench decided, by a majority, to refuse the application. Thursday, 23bd Jathtaby. (Before H. M'Culloch, Esq., R.M.) Archibald Clark, charged with being drunk and disorderly in Dee-street on Wednesday forenoon, was fined 10s, or 48 hours' imprisonment.
Permanent link to this item
Hononga pūmau ki tēnei tūemi
https://paperspast.natlib.govt.nz/newspapers/ST18730124.2.13
Bibliographic details
Ngā taipitopito pukapuka
Southland Times, Issue 1693, 24 January 1873, Page 3
Word count
Tapeke kupu
449RESIDENT MAGISTRATE'S COURT. Southland Times, Issue 1693, 24 January 1873, Page 3
Using this item
Te whakamahi i tēnei tūemi
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.