RESIDENT MAGISTRATE'S COURT.

Colonist, Volume IV, Issue 356, 22 March 1861, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before J. Potsteb, Esq., Resident Magistrate.J '■Wednesday,-March 20th, 1861.

John Ladd was summoned by Wm. Hale, nurseryman, for allowing nine head of cattle to wander at large, on the morning of Friday last, contrary to the statute therein made and provided. Fined 2s. 6d. per head and costs. &aissv. Same, for a similar offence on the following day (Saturday). Fined 2s. 6J. per head and costs. ' .

Samev. Same-, for £3 3*. for alleged damage done to fruit and fruit trees.

John Hale sworn: Said he resided on Im brother's property, Waimea Road; he could not say*, that the ground was strongly fenced/ In the morning he found the gate open leading into hitf brother's premises ; the grounds aTe fenced with a two-rail fence and a live -fence ; found the nine head of cattle in the gardeu between 2 and 3 o'clock on Saturday morning last, and drove them out. The cattle destroyed trees and apples to the extent of 6or 7 bushels; there was also a bushel of pears gone, which are dearer than the apples. . Wm; Hale sworn: Went up to flee the damage, done to my property about 9 •o'clock on Saturday.' morning. I found, that cows had been in, and damaged the fruit trees~thejr were bitten. Got & Mr. Cowen to value the damage' done. By the* appearance of the trees," I could "tell how many; apples were gone. The gate at night is fastened by a button afid a piece of flay, and hangs on two hinges ; it has spikes on .the top, and.l .consider it a proper gate. ■■.":.. James Cowen sworn: Am a laborer, and know Mr. Hale's premises on the Waimea Road; have worked there; went and saw a lot of fruit lying; on the ground, to the extent of two or three bushels. '■ " \.-'';:- ■■■-■'■ :''''■'■ ",• '■ :'- >"■_' •' • '' - ■'' :

Mr.-Laddj-for the defence, said, ho was willing to pay for any damage that plaintiff had sustained, but that it should bp&e by arbitration; to which the plaintiffobjecfeejlsta^ting tthecaught him'on his property he shbuld%unSfitdn him for trespassing. The Magistrate thought that ,£3 3s; was too: much of a charge; and ordered defendant to pay .£llO3. and costs, thej whole amount, including the two previous cases, to be paid in a week. ■ Lieutenant Stock, Gunner Carter, and Private Cattfw, volunteers in the Naval Brigade, .were summoned by Captain Akersten for not attending drill. . The fines amounted to .£4 Bs. . / .;

Captain Akereten produced the,, rules of the corps, and also the 801 l and Minute Book, in which it was shown that the fines were the same as those in tho Militia regulations (clause 6th). The drill days were fixed by the Company themselves ( Wednesdays and Saturdays)'., The Rules were also produced. TUe defendant Carter was one of those that fixed the hour of drill, from 5 to G o'clock, in order to* give the OMK' time to wash and get their tea. (Several mrantes of the meetings were read, with a view of strengthening the case.) , The Magistrate said he should take, a week to consider the matter, and ordered the case to be brought on again for hearing on 7 Wednesday next. --*,* *

Stamper v. Thos. Bright, for £7 10s. The defendant paid some time back £2 75., leaving a balance still due of £5 3s. —Judgment tor the amount, to- be paid in three instalments of five. weeks each. W: M. Stanton v. John Alfred Lanqford. for £i Is. 4d. [Tliis was "a similar case to that tried a few weeks back-in tb&Resident Magistrate's Court, in which judgment waa given for the defendant.] - W. M. Stanton sworn : I produce a bill of; exchange ' drawn on Langford in favor ,of Mr. Buxtoii, which I discounted. Mr. Buxton never said. 'what he had received the bill for, and I know nothing of the circumstances between Mr. Buxton and Mr. Langford. I gave My. Buxton cash for the bill; he said he had received it in consequence of his having signed Ijangford's Deed of Assignment. The cheque was dated on the 2nd of March. It is. a bona fide transaction, and if I fail in obtaining judgment in this case, I can sue Mr, Buxton for the amount. The Magistrate said that plaintiff having admitted that the cheque had been given through Mr. Buxton signing Langford's deed of assignment, it was useless going'further into tlte case. Judgment for the defendant. Costs 35., to be paid by plaintiff.In the case of Phillip Phillips for his Education^ Rate, the Magistrate thought he could not be made liable, and the summons was withdrawn. Benjamin Morgan was fined 10s. and costs far being drunk and sleeping on his bullock d,ray on the previous Tuesday. * ..j., ;.:

Thursday, March 21. Henry Whiteheqd was brought up, and remanded till the following day, on a charge of drunkenness and vagrancy. He was turned out of the Bush Tavern, where he had been spungihg, He said he had no place tq go to. One of the constables said he was not right in his head, as he had been in the habit of running after individuals in the Wood with a stick, and would force himself into people's houses,,fVom whence, without a deal of trouble, he could not be induced -to move, The Magistrate remanded him for the evidence of these people. ; i