RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1339, 12 May 1885, Page 2

RESIDENT MAGISTRATE'S COURT.

Geraidine—Monday, May 11, 1885.

(Before H. C. S. Baddeley, Esq., R.M., W. U. Slack and Dr Fish, Esqrs., J.P.'s.) KEEPING A FURIOUS DOG. Francis Tetheridge charged J. Wolfe with keeping a savage dog, which bit him as he was passing defendant's house on the 10th inbt. Mr Lynch appeared for defendant. After hearing prosecutor's evidence, which was to the effect that the dog had rushed out and bit him on the day in question, as he was passing the house, the Bench dismissed the case, as the information before the Court was laid by the police against the defendant for keeping a furious dog unmuzzled, which charge would only be heard if the prosecutor had proved in the first case that the dog was a savage one. WITNESESS EXPENSES. Postlethwaite y. Burke.— Dr Foster applied in this case, heard last Court day, ' for the expenses of a. witness who had not been Magistrate having taken time to consider whether he could grant them or not. He now held he could not, OORSE CASE. W. Shiers v. Thos. Wigley.—This case was brought on in consequence of defendant neglecting to comply with an order of the Road Board to clear gorse off certain roads in the Kakahu district. [Mr Slack here left the Bsncb.] Mr Hamersley for plaintiff, and Mr Knubley for defendant. Mr Hamersley opened the esse, saying that in November last Mr Wigley was notified that he must clear the gorse from the roads on his property, and on 12th March last a further notice was served on him to the effect that proceedings would be taken if the notices were not complied with. The other side admitted the proper constitution of the Road Board, and that the Road was a public one within the Road Board District. J. R. Fussell, of the Timaru Land Office; sworn, produced the survey map of 1882 of the district. Copies of letters dated 13th November, 1884; January 15th, 1885 ; and February.12tb, 1885, sent to Mr Wigley by the Road Board, were read. William Shiers, sworn, deposed! I an clerk to the Geraldine Road Board. 1 ■erved the notice (produced) of the 12th March on Mr Wigley. I know the Road in question. Mr Wigley is owner of the land on both sides of it. The fences are live gorse. The road is formed about 36ft. wide in the centre, and about 20ft. in tha centre of tha formation is shingled. The gorse is growing _more or less on either side of the shingle,. and on the unformed portion of the road it is growing very thick. (Sketch of road produced.) This was the state of the road on the 12th of March. On the 11th April Mr Wigley had grubbed' about 300 yards on one side—all the rest of the road was in the same state as on the 12th March. About a mile on one side and 50 chains on the other is the length of road on which the gorse is growing.I do not think the gorse could have sprung from any other source than from the fences. The only persons near is Mr Meredith. He adjoins Wigley «n? one Bide, The seed of the gorse could only fly a few yards. Cross-examined by Mr Knubley: I should estimate the cost of clearing both sides of the road at 2s 6d per Chain. A man would average three chains per day. 1 would not swear the gorse was not cleared two years ago* The fences were trimmed about that time. Meredith's section is on the mile side. The Board would be satisfied, I think, if the whole were cleared as well as the 300yds were done. The man was not working when I went on the 12th March. _ I complained that the work was not being done •quick. enough. I have not been there, since the 11th April. To Mr Hamersley: I was there on the 23rd March and there was nothing doing. There are plenty of men to be had.

Tlios. Hall: lam « laborer at Hilton. I know the road in qutstion on Miller's Flat. Tlie land on each side is occupied by Mr Wigley. 1 was down the road on the Bth May. A piece of the gorse on one side of the road was grubbad. Tke gorse [was very bad where it was not cleared. There might bo half a mile cleared on one side of the ro*d. Sheep could not be driven on the unformed portion because of the gorse. No one could drive on that portion. John Ktlland : I am a farmer, residing at Kakahu. I know the road in question. 1 saw the road in March last, I am a member of the Road Board. Th«e wa* gorse more or less over the road, except where the shingle was. It had undoubtedly spread from the fences. The traffic would be obstructed. I saw it in April. There were about 300 yardt cleared. 1 saw it again on Friday list. The whole of one side of the road, with the exception of about 10 chains, bad been cleaned. The other side was not cleaned. No men were working «t it. The worst part of the road appeared to me to be left. By appearances work had been stopped a few days. To the Bench: The gorse could not have spread from anywhere but the fences. Cross-examined by Mr Knubley; The gorse had spread about 20 feet from the fences. I could see by the soil turned up that no work bad been done lately. There had been rain lately. The day we were there and the day previous was fine. Miller's Flat road is about a mile and a half long. When the gorse was growing the land on either side of the rosd is to the best of my belief Mr Wigley's. The shepherd's hut is on land opposite this road, and the shepherd is in the employ of Mr Wigley.

James Frude : I am a laborer. I was on Miller's Flat Road on 23rd of March. No one could ride or drive where the gorse was growing. K. Annan corroborated the last witness' evidence.

Mr Knubley submitted the information should be dismissed. The information was for disobeying an order from the Board to clear the gorse within one month from receipt of notice. Mr Shiers stated that he was not on the road since the 11th April. Mr Hall stated the gorse was growing on Miller's Flat Road, and Mr Kellandthat the road was a mile and a-half long, but there was no evidence to show that the gorse was growing on the road opposite Mr Wigley'u land. They had not Bhown that the land was Mr Wigley'a.

Mr Hamersley contended that the notice was dated 15th March. Mr Wisjley had failed to comply with the. order in one month. The question was, Had Mr Wigley cleared the gorse away on the 15th April? There was conclusive evidence that he had not. Mr Knublev said that Mr Wigley had done all he could to get the * ork done. He htd called for tenders, and two men had undertaken the work but did not carry it out. For the deforce he called Thos. Henry Wigley, who said : I arranged with men in January last to clear the gorse. Mr Hamersley objected to this evidence unless it was to admit the charge and ask for a mitigation of the fine. Itr Knubley contended it was to show that everything had been done to have the gorse cleared away. Witness continued: I called for tenders about the latter end of January, but did not get a single tender. I made arrangements with men in March, after receiving the notice, but they threw it up and went harvesting. I did not fix a price. The work was entered upon by other men a long time before the service of the summons. From inquiries I made I ascertained that th* work was going on satisfactorily. Cross-examined by Mr Hamersley : I called for tenders about January. I did receive a letter dated 13th November, 1884, from the Board. [Mr L. Walker here took his seat on the Bench.] On the sth January I wrote to the Board (letter produced). I also got a letter from ycu stating the Act and clauses under which I was to clear the gorse—(letters produced)—but the mentioned clauses do not refer to gorse. Mr Knubley submitted that the Court could not 'go into these letters. The Bench held that if-they were notices'or referred to notices sent to Mr Wigley the letters could be admitted. . Examination continued : The letters I considered to be informal. 1 called for tenders in January. Two men were at' work in March. I have often been there when the gorse was being cleared. I never seen any men at work. I use the road when coming into Geraldine. It was cleared two years ago. There is no gorse growing within seven feet of the fences. tfohn Taylor : I was employed by Mr Wigley's shepherd (McKay) to clear the gorse off Miller's Flat road about six weeks ago. My instructions were to clear the gorse on the road-side. The gorse is yeiy thick, and it is heavy work to clear it, and only about two and a-half chains could be cleared by one man in a day. I had a mate with me. [Here the witness had to leave the Court through illness.] Mr Hamersley, on behalf of the Board, ■aid they were willing, if Mr Wigley would undertake to clear the gorse, not to press for a heavy penalty. Jessie Davis said : 1 was working with Taylor. Taylor commenced the work in the last we«k in March. I commenced a week later.

To the Bench: Two.men could finish the work in about three weeks. This closed'the caße forth* defence.

Mr Knubley addressed the Bench, and pointed out that Mr Wigley had done all be could to get the work done, and intended to carry it out. Mr Hamersley objected to Mr Knubley's reading of tbe-Ast: that if the work was commenced it was quite sufficient for the purposes of the Act. The Bench did not take Mr Knubley's reading of the Act. Mr Hamersley said the Board did not pre? a for a heavy penalty. As it was the first case of the kind the Bench Inflicted a penalty of 20a, with a solicitor's fee of £llß, and costs £7 6s.

INTERPLEADER CASE. Beswick v. Pearpoint.—This was a cage arising out of the bankruptcy of Jas. Watkins, but the Bench had no jurisdiction to hear the case, as it roust be taken by the Justice who gave judgment in the action through which the present proceedings arose,. It was decided to adjourn the case till the Bth JTuiie ; in the meantime an interpleader summons to be taken out before the Magistrate, the amount being beyond the jurisdiction of a Justice of the Peace. CRUELTY 10 A WIPE. Charles Trengrore was charged with hating cruelly ill-treated his wife. Constable Willoughby applied for a remand, as Bi'nce accused's arrest his wife had expired. Accused was then remanded for eight days, bail being refused.