RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1752, 10 June 1873, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch, Esq., R.M.)

Friday, 6th Jum,

Frank Felling, hotelkeeper, Wallacetown, was charged with selling spirits to a man in a state of intoxication. Accused admitted the offence, and waß fined £5, and costs.

Lunan v. Keith. — This was a charge brought on behalf of the wardens of the Winton hundred, of depasturing sheep on the hundred, contrary to the bye— laws. Mr Macdonald appeared for the prosecution. The evidence seemed pretty conclusive as to the fact that about 120 of the defendant's sheep were on unenclosed land in the hundred on the 20th May. Defendant contended that the bye-laws had been assented to by the Land board with the condition that they should not apply to unsold land, and produced in proof the notice of assent in the Gazette. Mr Macdonald contended that such a condition was beyond the powers of the Board to impose, and against the provisions of the Land Act, and therefore void, while he contended that the assent given by the Board was valid. His Worship was inclined to think that the assent, granted subject to such a provision, had not been legally granted at all, but if it had been legally granted, the bye-laws could only apply to unsold lands, and he therefore dismissed the case, it not having been proved that the land on which the sheep had been was unsold land. Lampert v. Brenchley.— This was a charge of assault. Mr Wade for complainant. Defendant admitted that he struck complainant on the face, but pleaded iv mitigation provocation received, failing, however, to sustain tbis plea by evidence. It appeared that on the night of 23rd May, at a ball at Winton, the parties had a dispute about matters connected with racing ; Brenchley called Lampert's horse " a counterfeit ;" Lampert retorted that if so Brenchley's horse was a counterfeit too ; Brenchley then struck Lampert in the face, drawing blood from his face. His Worship pointed out the impropriety of defendant's conduct, and fined him £2, and costs, £3 12s. Saturday, 7th Jttn_. Margaret MChesney waa brought up on a charge of killing a male child of which she had just been delivered, on 9th December last. Mr Wade appeared for the accused. On the application of Mr Fox the accused was remanded for eight days, for the production of evidence. Macdonald v. Pike —Claim for 19s Bd, school fees, adjourned from the 31st. Mr Wade for plaintiff. Defendant did not appear, but telegraphed from Winton that he had missed the morning train. Judgment for plaintiff, with I costs.

Monday, 9th Juxb, John M'Donald was charged under the Town and Country Police Ordinance with leaving his horses unattended at Woodlands on the 31st May. This case arose from the late accident to the Dunedin mail coach. It appeared that the driver had got down to deliver his mail, and that there was no one else to do it. Under the cir- | cumstances His Worship exercised the power conferred by the 26 h clause of the Ordinance, and dismissed the case, directing that an information Bhould he laid against the proprietor. M Intyre v. Louis. — Thi-< was a claim for £22 5s for damages to plaintiff's coach, alleged to have been upset in consequence of defendant leaving a waggon on the public 'highway. Mr Wade appeared for plaintiff, and Mr Harvey for defendant. The case was adjourned to 25th July, to secure the attendance ot witnesses.