RESIDENT MAGISTRATE'S COURT.

Wairarapa Daily Times, Volume 3, Issue 790, 10 June 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

MASTERTON, THURSDAY;

[Before H. S.Wavdoii;"Esq„ E.M.]

Drunk and Disorderly.

Sbrgt. McAudle v E. G. West.—Drunk and disorderly and using bad language. Prisoner pleaded that it was his first offence. A cliargo of assaulting the constable was withdrawn. Fiijcij 20s for using bad language and reprimanded for .being drunk and disorderly. . Borough Inspector's Case?. '. Inspeotor Ingram v-Alfred Evans,— Leaving a vehicle without lights sunset. Pined Is and costs 7s. \ : Sajie v H. Hickso'v.—Driving a vehicle after sunset without lights., No appearauce of defendant.. Fined 5s and costs.

Same v S. Hounslow.—Leaving alio,rse and cart unattended. No appearance of defendant. Fined 20s and costs o.r 48 hours'imprisonment.

Same v T. Kilburn.— vehicle to remain after sunset without lights. Mr Skipper appeared for defendant who pleaded not guilty.— Informant deposed tljat he saw the dray standing in. Perrystreet on the 21st May. Defendant„was lying down in the drayiq a. state of liquor and unfit to drive.' Informant waited till another man came and then- toqk charge of the dray. In' answer to Mr Skipper, informant did not hear Kilburn say his mate had gone for a light, Another man said the, mate had gone for one—Mr Skipl'Eß, for the defence, said the; men were returning from, a wedding, and, on' entering the town they pulled up to obtain a light.—The defendant was' fined Is and costs, the Court calling the attention of the police-to the advisability of laying an information against him for being drunk while in charge of a vehicle; Breach of the Peace." Constable Fleming vW. Smith and W. Perry.—Breach of - the peace on the 4th day of Juno in an open paddock: between two -.public streets, The Court bound the defendants; over to keep the peace for six months. , ■ Assault. James Check v, Thomas Kilburn.— Assault on 21st May. Mr Skipper appeared for defondant, who pleaded guilty with extenuating circumstances—J. Check deposed that he was at .' the Prince of Wales Hotel on the 21st, talking toSamuel Groves, when defenlant oame in aiid' acoosted him,, acousing him of owing him 15s, and threatening to take it out of his hide 'if he did not pay.' .' Some ten minutes later defendant took off: iiis ooat and struck complainant oil the right cheek and then on his left. -The right was blaokened.' In ffiweftd. Mr Skipped hej admitted a debt of 10s to defendant. Did not ohaff defendant on the occasion, referred to. Did not refuse to.pay tlie.lOa. —S. called' as a witness, asked* for liis expenses, as he jiad come from the Upper Taneru;}. He was. present at, the assault. Compiainant said he'wouM pay fendantstiaick,complainant : ,firstiwith.his; iightjaijdthen with jlis lejft fest... iii an-' Defendant wasln'gry." l fondant-stated' complaihanj; irritatad- hiffl' ;by twitting him' about another,of. 'money which he had sustained; The com-' 1 plainant was not a good.man to getmoney from. He had asked him fifty times for the money, and if. he summoned him it

woiiid|iS'tbe same as witli evovyone else, Je'ffiji^^iolliing.—The Court said |pM|msM6) doubt, were irritating and' Bpiness transactions. The ifompfaintM .h pd not a good reputation but it felt bound to 3l}liot and would fine defendant itnd 15s expenses of the with 14 days hard.labor 'ifi defeat'Or payment. i F. G. Moore v. John Wilson Lang 1 "Sfateapimf 2 --timase" was ■brought under thefM seotion of the Act, oc,oupier of the land, and did not hold,a. title over it.— "defen4 ant's'name appeared on 1 tho f landowners .list.—James Harvey -depqped r: that-he-; ■was appointed to enter 'the Masterton Eabbit Trustees, and.had' ■ sbiiVed a r notice,on - . April. |lp ssited jhe Jaiid . June, the rabbits'were"very"numerous then, and.no steps ljad been tokdu. itoire'-.. . duice them. .-No-onia^-wasJiving b.n the property, which,.-was ysituated.jity Fernridge.—Thie CbimT—'Wlidt'property ■ does, the refer t0,?,,- There ( is ; no'description the liotioel—lWiT - NEB 3: ThejiropertyatPeruridge, '"When I delivered the notice'defendant, said; the place belonged to: Mr' Osborne—The Court required a precise specification of the land referred to, in every case; wherp> the person sued was,non-i'esideni'.4tfhe' '• Oomplainato stated llmtjhe Actjdidinot make |t i to njinjber ;of/ section an'd"acrAise l "on tlie nOtic<S'. f He produced the landownersflist, which .had ' been .deposited tlie-;Highway : offioe and' Sfly ;^vei^ : said-he gave' ridtice to"'the ! Itabhit J - Tras-! , tees seven weeks, ago ■, that hejiad,ceased.J 5 to' occupy th'e'Wdi.a^'iqiStr^e,Ms •; off the, list,—Thpv.Coipiii that' the,! case should ;be [-adjourned costs, and that for the. future .a notice giveri to. a non-resident should;-describe-the section or sfectioris veferre®bT !: ''' ;:c^' ;F. 6. Moore v I. Cripps.—Breach of Eabbit Act,. Defendant pleaded-not' guilty.—lnformant stated that;the point he relied upon that} steps!; were', not taken within the seven'days'specifieil' by the Act—Defenpakt paidv.he.wrote' the !sarae day on which lie received the notice (to give instructions for his land.to. lie -. cleared of the pest, but' through'- a delay the pps|) pjficp }i)s prjjerg'were/ npt ■jcai'rled out as promptly as ihey otherwise iwould hayp beerj.r-Tlie vCopii'B ppstppned/ ;tlje case, as it.' tiibuglit'it'might be'bittdr out of Court,. It was Hubsequejitly ; 'arranged as .suggested by the (/Quit'; ; ,', ! F. G, Moore v Jacob Bamber.-~Breaoh.! of Eabbit Act. Fined JSI and costs; ..[An extended report of this , case will appear in' our next issue.],-! 0 I i J { : ;•{./. ! Impounding Act. ..vir:«v ißhodes Donald v, W, ■Morrison.—; Illegal- impoiindag^;' Mr Bunpy; fqpMnr/ formant/'and Mi* Skipper for defendantMr Bum stated that-on the, 23rd May defendant removed some sheep, from fenced land known as the 'education reserve, Manaia, dn to the public.road, arid thence..took ; them.., the .pound;, The defendant was liable' tp'/cphviction .under the Act, and lie hoped it full penalty-woiild be inflicted, as. plaintiff had been .subjected to persecution. frpjn .defendant;,for, a. long periol. The land from which the . sheep were taken was hot the'property of • defendant.—E.:Bezav poundkeepeiy-de-: posed that on the 28rd of May last' the defendant came to him to go and impound some sheep on the Manaia-, [Witness was handed a sketch of; the locality, ai'id. be pointed out thojpaddojck from which; the sheep had been driven,] He impounded the sheep—His Worship; Who dvoYdtli? sheep-but of/thej pivddookHWitness': Mi 1 Morrison:—His Worship': Who impounded them ?.—Witness : I did.—His Worship : What, for ?—Wit-, ness For being onihe public road.-rThq Court explained Hliat there was a great difference in impounding off the read 1 ahd impounding off a person's' . -examined by Mr Bunny: As far as lie 'understood, Mr Mpyrison drove theiri out to be impounded.—By Mr Skipper: Mr Morrison had told him that he intended jo drive the sheep out, as they were'trespasv sing on his laud. ,They, were,,liot im-, pounded out of Mr Mbrrison's paddock,'' hilt off the public road. Mr Morrisou had toMliim ,he thonght;the .sheep;Ayera Mr Donald's; 'they were 1 branded •Dlwitli 'a 1 dot In the middle. He was a stranger, and did not know to whom the land belonged, but-naturally assumed it was Mr Jlorrison's.—ln answer to the Court:'He was pouudkeeper and ranger for'the Borough, and it was by virtue of thislatter office lie, impounded , the sheep,-; The Court;-'Did'it! not strike; yonas a' peculiar proceetljng for Mr Morrison to send for you to stand by while lie drove the sheep off for.ydn'ito im]jpund?-rWit-ness: Could I have known the matter was to get into its present form I would have had nothing to do with the', sheep, • • I,<of course, .thought theland was ,Moia;ison!s. —Mr Bunny: You do not oonsidsi; it .your duty, to Impound:' cattle. off people's land ?—Witness: Certainly not; but if-1 find animals straying oil the road Mouldimpound them.—Mr Sldpper, in addressing the, Court for the'defence, doubted' if. he had a .case ..'to, answer. The 'poundkeeper had distinctly stated that he had impounded the sheep off. the: vo'ad,' • If 'aperson found other people's sheep on-his-land he. need; not,-,necessarily impound them, but could drive tlie'm • off. -Mr Donald's sheep -trespassed on. his . client's land, and lie had a perfect right, to drive, them bff ■ witlioiit being' liable', to plinlsh-' raent for so doing.,- ■ TKe'cpurse Mr Morrison, took was.-ii'mpst rea'spfeableone'." He. did not drive them .off, iii'the middle .of the,night,,orli.eHn3,,p^^'$ I )b«cife but he' got.the., pound][e?pe.r-.,to.igo.;up,„with: him.:; -Mivßezaivof. coui'se;:.would,not; im--, lidundthem' off thejand,"but. lie. would off 'the road. There was -no'evidence -to shciw that the sheep,had beetf dfiyen fi^om-place toj placert6--iW''imp'ounded."'''Bezav"was' .acting ad a public .pfficev, iiid-not as Mor : .rison's igeiit".- could have land had wished to indce.'moMy.out of tliem. But .lie only wished tdviie-,relieved..from the trespassing.of othei; .peopled sheep, which .eat up caused' ajjoss to : him : as a gvaziel\—His'.Wm'slilp 'sfcatfl.d that he ;must assume; that ;Mr Mbrrisoh was.;notin actual oceupatipU;p(th'elandMiai,Skipper was willing defendant-iiiHhe wit- . : ;iiess-box to prove this if the Court wished.—Mr .Bun'ny : -'stated'' i that the .view taken by^ihe,.,,,Court of the ■means used by the' defendant to impound 'the sheepdjippearpd' t%]samejs;;hisf Defendant had evidently made use of Mr as, not; being'the ocoupier,-he had j'ao other.meansp£imp6uhding..Theseotion.. if the Apt. he had quoted would show that : even 5 if'tile defendant 'bcffapiei* it i iwould ...not relive,h|m. r of the 1 ;'brought-against' him, : as'* Ke 'had "clearly been guilty of remoying, the sheep for the . purpose of their li'eing 'impounded a ; short retii'empnt the Court resumed, and fHis Worship stated thai they had'given "thevargum&nt bf "Mi r 'Sklpper®very' con'-- • sideration, but must" consider the offence pvoved.—Mr SW||er judgment was should be placed in was f iWorshipj 'ui .ocfjupa-' ~tibnpfthelanitt^ anil was so stijl-; else cWimed 'bioupatipn. He'."'rented' it' : from; the ' School ■Reß^i v G.offlssioi}Pv, ili y.h| : rent was regularly paid. The agreement , was not broken.—Cross examined by. Mr ( J ( '

Bunny The rent might have fused when he sent it to,the Corapsßion : . era, but someone paid he became bankrupt of|W©» went to liis Trustees amoi^{he^ls^§ Had not acquired it againw||Had||o™-| ceipta for rent, but it impound the sheep himself -'Jifioause Bei did not want Donald's ,-n)iQu6y ,#; tho| trouble. Did not know'";ifc.' ; ~Mpeei" that he had no right to tlie'- laiid! •• '•Had ; : been nifide a fool of by Mr Bunny on' circumstances took advantageoi'liis posftion, and. allowed their animals to tres- • them because he.did not want Mr Donald's Bunny VBut you took it? —Witness fOf course-1 did,-His Wor;iWp7i^Mng*jirdgM < i?i"Baid the defen- • /dent's.J&viderice,' and Mi' Skipper's able [•defence would tend to mitigate the pen- ' "'ffly/'Tlieimajmum'Ene watfUM TEe fine of<£s£or o ! rfe month's imprisonment. He hoped the from' this jcasS that there'was -something- itr liia officii: .which shpuldjpraxent'.himifroni fallowing himself to become the tool of any designing perspn.i-Mr Skipper asked'the Oourti ' to;aliow'#.fe'Pdanii'.4B find the amount of the fine. This was aiid'''the' Court adjourned to en-: able the Ijiceqsing to sit.'.

'^• y SITTING. '}'; j /BMiidso A LitEMi ; ffpT | 1 Jji •[(< " •' (»'■'» } : f i -' W;'J. Nathan v M'mibx Km-• IJre.icl) Of Agricultural Lien Act,—Mr Beard, for plaintiff, said the ; object of bHngi'n«'-th(srinfb'r«itfttett^tt>rt^*«ly. / jfco sHow 'fmtivea that 1 ; 1 tli'ey 1 6oL\d' f ijpt/: t witb itnp^niiy,. ! ael| ,''6 f bfifc,!; thjey'" a^en^(di& ; : -aa / ;the t ■ bhjeofc; .'.gf I'tlie .'.prijseciittipnj; ips '.tljereby woulftapjl pie do.urt, ; tioning.th.e, .defen.dM t-as to ,t : he. .responsi: bilitiea which native* who gave lieii* incurt'ed.-; consented to Mr Beard's request.— •Mr T. tjiat the defendant had not parted'witfyany of- r hia producfcMrJ Beard said-thdt 'had r he known this he would not have, taken, .the course he had adoptedMr T."; Hill:. -The settlement of tjje. cusp; eniaijated y/jth the plaintiff van'd'defendant ha(3'^'?P ce 9 3 Qd no-wlsh. to s compro fiiisb.Tr^The. Court: As the case stands now 1 there is no stigma on defenf'danlY character. '.;'

' .• W, (. ■ Nf>jtw Y MIKAIKA HiN'tJ.— Debt fG 9s Id. Mr ljeai'd for plaintiff .The original claim was fur £4 4s, bpt to this had bW.'added £3 ss, for the cost of ,lien ; given by the defendant to obtain three,.month's graoe,—rh6|C!oti|'t asked ■ the'-deferidatitUf lie'" understood^that he ;\vopldt/;have to pay £2 Bs extra.—The defendant .denied, all knowledge of the lien.-vTlie.- GpUrt ,• pointed- -put ,tljati as the docdmfen't jvas jn requiredproof thaf it had been duly interpreted io tbte'defendatit ft,—T, H. Hjll jvas called, jyijOj-iifte) pliiin)ing .his expenses, said he aid not write out the lien; It was one of l! those-that had been : ;done. ; on the qlieop at- 7sj 6d -each.'. He= witiiflsspd ' dpfendant's j signature-to it, ■ffhpn ]|e signed thp deef| fje (hat there v'as .a iijcqtipqed -to cover, .the. cbst.-J.- It i.was---explained to (]pfei!da[)t, ; that; ijipugh 110 inigljt have been foolish,' if ~hp.,,.|iafl "signed "it; lie \Vas' still bound,'—s'e(eiidant sald the document had not been interpreted to him.-■ He ■ had paid some, "money.' in advance thinking, .he would not .'have- to'; pijy/ Expenses. —iHia Worship i said; -defendant'', liad ■ signed the ■deed, which had been sworn to have, bepn explained to, .him <by tlip witnessj-IJill,-liable for the amoijnt olaimei).—Judg'-" ment for L2 03 9d, and gostq.

" ;/ ;■ •; DjIUNK, -J •J j X{ .. Constable Fleming v Nfeils teder'Monson.—Drunk. :andi creating a disturbance on Sunday last, i Dtfendant had been bailed 1 out'for 10s, and.as lio did not appear when called, a'fine to that'amount was inflicted. •• • ■' '

'•v Wi- J.- Nutliiiij'v JyGqsfbvd,—rßebt, LI Gsij ~Jiiulgnieii i Ubi | p.n]Qi\iii.aii()gos|s. 0, M, Crombio Y J,..Bftvlpw Debt, l'Js 3d. Judgment for iiiiiouut ami * "*/'*' *' 'i • • ' L 5 51, Id. v.JJo itppoiranoe of defendant, Judgment for amount and costs . The fiaqq ; of Svenaon v Percy;; ivus allowed .to stand over, without oqats, to next sitting, oil the application of Mr Beard.

AVith reference to the of- Thompson V Chamberlain, Bros, j Mr 'Beard suggested, that.the matter should be referred to arbitrationMr Buuny could not con!sei)tr:an(l'tlip oase'was adjourned; to next Court day.

Smith v. Ewington, —Debt, L2 Os fid, Mr Bunny 'for plaintiff. .Defendant conducted :his own case,' and . handed in an'" aqcount settled' by contra jho disputed all other itcms-^aliegin» fie'had tievev reefeivod the beer charged for, and knew nothing of the olaim till.he received the present bill of . particulars.—W. E. Cross, that/ h'e wvas ';in She, employ of R, v V) Smith, Had'made 'out the particulars, of claiin himself, Ho proved the supply'of the' beer and grains, and had' sent in 'a full' account' of the" items.—Defendant said fie had understood the beer was supplied foriDov.eton .^-Judg- 1 inent for amount 'and costs,, and witnesses' expenses,''l'"'''.'

S, 1. Beard v A,-Kitchiri«ham.—Pos-spssion, £].((.—A,. Tinslqy dqfwaqd that hi) had beed. the. owner.'of..section 'JJld.i 1, at Kuripuni, wliioh lie had agreed to aell to Kitchingham and Sindrey. Witness had.signed the deed.b.utjthe .others had not: He had since sold the premises to ifr S. F. Beard, under the equity of 'Kitchingham aii.d -Sandrey, When.they paid up Mr Beard would convey his interest to theni/—Judgment; l for and j£2.t2s costs..:, t Scab Act. The case" of 'button' v' Oox, 'jfroush" of Scab Act, was adjourned to next; Court day... ..

lA' Jm'JJ

John Ej, Thompson v Thongs' \V"aa;g 01aim:L20 for furniture remaining jn the; plaintiff to defendant; also as damages for refusing the plaiutifjf;toe;;td removeicer-'/ tain plants and the groundsas provided l in' ascertain J ''Mr Bupny for plaintiff.;!and jMr Skipper fori defendant Mr Bunny stated the, nature nf the case, Mr Skipper stated • t'h'aV* the' list of the articles .claimed was. j;oo vague to allow of a tho'uahktHat thedist should ba amended.. His Wor>hip agreed with Mr B.upy, and stated that jdeiendahfc entitled: f adjournment on 'this Gawitji called, handed r in-the the parlies.-Mr Skipper pointed, out that that;.the..;dooiimeiit. handed'iin ■"Ate/riot 1 , stamped, and quoted ffota -thelActto show that a 17s 6d stamp -was required; also that-a; fine^ti&et;be'i-'fllab- E amount of Lsj' l beffir6'thfcidooM6tii could be used in evidence.—His Worship,agreed withMr^SkTp^er^MfSßuhriy^Hfeiid'Vfi^; ment between tne parties. Claiming that ty-W Pf®rtp» required the stamp and the fineMbuld', have_ to.ba;pAid(bdf6ra. t;ffi as evidence.—Mr-Thompson sskid be wo uld deposit the fine aqd c.qat of atompiyith ljr

FreetiyfSjhe would give him "tick"' v till D?i|fe-r (Lftughter),— Mr Bunny 'atat would of. course ;ultim®;-fflfl jo pay the sum,-J. J. ha was th» former and had leased with certain' inventory was handed in.], paid for these, but mentioned in the afi?ei?ra*^93^hir^6lrao6d^r •timßerrj&hqri timber, dreased {lax, -some but wasrnotAllowd-tpj-havo them ailrT" Oouldinqt|tate;thfrpricesJoi tho.differ4.rit (I .•■ vk) ued{th6f £iOj .a nd. thi rest-roughly, at-fil^. S e Via ral J'af tielea v. ±l^ seit'backr-When he'%enU<if Mr %fe\j and claimed' same things, Mr Wagg said," ' - " ii mbet 'ahcl tno'a e*flax 1"; r Wagg wo 6ld^riot •.-A allow him to carry anything away.. fle'*.,went for's ftiha'"wi]re farid: bo pre jbrioks,/and ha'd been allbwfed~lo t4raHhbm'awsy-/ 'H&. had applied for the tree&'andfplants, and ha'd been refused. waftted a ■/ few trees, some •6{ L wH(ch ,> 'haai'beel»!|ra- vsepted to Mrs Thompson. 3 'Had'sjnt a letter through Mr Bunny about tlii mdtter, \ iu|t eot no reply, apples/ peaches, tries. -wanted to remove arid shrubs—Mr Bunny h'eti,writhe portion &ij. On tha'applicatiori'lbfi'Mrjitikipper, 1 the case was adjourned-to t'"o'clock'—On i ; the Co.urt resu'mirigkat ?q'o'blo'(ikj 'it was plaintrffsubmitted to across.examinatiori. Mr a 1 list of tite-thingW 'lio : .tifv'4 t Hf 1 'pointed,te iw|; fo ;$$ i'fP' 1 or five weeks after possession was. given. Mr Skipper': ;^Wh^re'^ere',! tKe cedar planjfKslpdlHlitpelS/Jni, th?( room, They were placej| therefor Safety. ' The bedsteads • yyere' out' in (he yard. sqt||e of tl)em were :; k'ii(ioked ; abflqt. Qi]g totara a partitition between* some potatoes ahd pniopsj to take the onions,and potatoes .hut'not. the boar|/^sifSitippei' 1 ': 5 W^ ' get the I; wont answer, th&qMesiioYf; ,'at^all. =— (Laughter. thafr he did not meanr : aliythipg J: .offensive,- ho qnly wished .'to find,;out ita Witness :- , limpoK'od : it.w:R-f()iin|e4wit|]g packing case'qr oiie bf niy billiard tables.— Mr there? Could you not put-it'all in'-a hat I—Wit-ness-That depends, ; ,pn ..the, size of the ' hdt (Laqghtpr): ' Jt : 'would' fill; ;.tw a trjpsfis. come and take my" things; My.";;}' dpn!t reimomber ifc- V4 B , on 'the'Jst of April, ,L d$ the things, -In,. answer t'o value witness placed ,upon ;the various artloles was their'valiid 'tb A. 8. Wyllie , fgave igoing-irwith'fiMrs 'Thompson to get n some trees, but Mr ;had declined to. Jet her liayo ohly those he approved'of; a'rid she wdulu pot po|)set)j: ?fifpHpfetad thf) agreemenj ijlsq remembered'thal; [rf'thp'sfe'req; ! ipenfc,aboi|t.tl[o,irqQ3. «\is.jiokji|'tne lease,... Mr Gnwith having sta(ed|tj|'ak as' it ps . S(j pl| t.l]e parties ft sjras nflt tfl'liis'prl |t. ■ had said he woyldi gijre ;Hp iyyljat trees i)q cl)ose.—Thojnas Lyoir tjepospd .tq taking .a| i.cjirf.fj'q ,'}fygg!HjM gotiing sqme things, fjind b()ii)g''rpfHqB f 4 j Woralijp, commenting an thfl case, strongly parties to sottle the affair by arbitrationas it was one of those cases which coiild, b'e'-much more easily settled out ;rif in it, Mr Player,, yyhp had'actpd 'aa 'drio of the valuers, was present,...' Both sides.had oonfjdonpe in hin], anfljhe l^d the n]atter would be aipi|ja))ly This view was finally adopted' by the par ; ties, His Worship conseritiri'fj to |omit the fine on .the stamp question if tlie case were'settledput of Court,—This concluded' the sitting.';