RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1977, 3 December 1889, Page 3

RESIDENT MAGISTRATE'S COURT.

Temcika—Monday, Dec. 2, 1889. (Before A, M. Clark and J. Guild, Esqs., J.P.’s) UNLAWFULLY EECBIVINGt. D. Angland v. Owen Connolly.— This was a case in which the defendant, the poundkeeper at Temuka, was charged with unlawfully receiving the sum of 20s, contrary to the statute. Mr Salmond appeared for defendant.

D. Angland stated that about a week after defendant leased the pound he (witness) agreed with him that 20s per annum should be paid in lieu of

any pound fees that might be incurred through the trespass of witness’s cattle on the roads. This sum had been paid. Subsequently defendant had impounded plaintiff’s cattle. Witness refused at first to pay, but ultimately did so, and brought the present action. By Mr Salmond: Did not pay the 20s in one sum. Had paid 12s at one time and subsequently the balance.

Did not remember paying on Ajsril 7th the sum of Is for a mare impounded, nor 12s on April 19th for four head of cattle. Had paid for the first cattle impounded, but did not recollect how much; On October 18th did not pay the poundkeeper anything. It was not a fact that on April 7th four head of cattle were impounded, for which 12s were charged, or that on the 19th 8s were paid for two head of cattle. On the 27th had paid 14s for pound fees. Had then decided to take

the present proceedings. By the Bench: Nobody was present when the agreement about exemption from pounding was made. For the defence Mr Salmond called Owen Connolly, the poundkeeper, who stated that he had received 35s in all from plaintiff for pound fees. On April 7th Is was paid for a mare. On the 19th 8s was paid for impounding cattle, 4s being outstanding. On November 18th two head of cattle were impounded, for which 12s were paid. This amount included the outstanding 4s. On November 27th 14s was paid for four head of cattle. This represented the total amount received. Replying to defendant, plaintiff said that he took the cattle on October 18th from the road near Mr Wareing’a, Had never made the agreement as stated by plaintiff. Defendant reiterated bis statement as to an agreement. If the poundkeeper had cared the sum of £3 was easily liable against him. The Bench were of opinion that ft grave charge, although not backed up, had been brought against the poundkeeper, who would have committed a grave breach of trust had he made such an arrangement as had been suggested. The ease would be dismissed, with costs, and solicitor’s fee, 10a 6d. CIVIL CASES. Tendall v. the Public Trustee.—Mr Cathro applied for an adjournment in this case, the evidence m which was being taken in Hokitika.—Adjournment granted for a week. E. Vallender v. J. Barritt—Claim £3 5s 4d; judgment summons.—Mr Salmond for plaintiff.—Order, by consent, for payment of 10s per week, in default 14 days’ imprisonment. The Court then rose.