RESIDENT MAGISTRATE COURT.

Westport Times, Volume VII, Issue 1066, 25 April 1873, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, April 22. (Before Joseph Giles, Esq., E.M.) ASSAULT. William Bell was charged with assaultiDg a son of F. M'Farlane, butcher, of Wharf street. Mr Shapter appeared for defendant, and Mr Pitt for complainant. From the evidence given it appeared that on the 18th instant defendant was engaged dressing the carcaße of a bullock in a paddock next to Gibson's Hotel, Orawaiti, and the lad M'Farlane was ostensibly assisting him. Bell remonstrated with him for using a knife, which he wished kept For ether purposes, to scrap a beef tree with, whereupon the boy gave him " cheek," and Bell struck him on the shoulder. It was alleged that young M'Farlane had been suffering from illness, and that the blow given to him tended to have more serious effect than it would have had on a strong healthy lad. For the defence it was pleaded that no direct proof had been given that the blow was severe or that the assault was unwarrantable. The Court 6aid it was no serious matter, but still the evidence showed that a blow had been given one of

tender years. Defendant should have apologised and kept the matter out of court. A fine of 5s aud 16s 6d costs was inflicted, or in default 2-1 hours imprisonment. The money was paid forthwith. CIVIL CASES. Bull and Bond v. R. Claim for £6 8s 6d for use of materials supplied for erecting booth and grand btand on the race course at the Christ'mis races. Plaintiffs stated that they had supplied certain timber fbf erecting a temporary booth aud grahd stand, which material was to be returned after the races were over", a charge being made for its use, aod the full price charged for anything short delivered. Upon the quantities returned a charge of 7 per cent, on the selling price had been charged as hire, and l6s per hundred for wood not redelivered or rendered unsaleable. Defendant pleaded that he had never given any order for the material, but had merely enquired plaintiffs' charges. Bull had just then received from plaintiff payment of an account, and told him that the charge would be a mere trifle, not more than 5 per cent, but he (defendant) had afterwards made a contract with a man named Hamilton to erect the booth for £9, including all charges, and that if Hamilton had obtained material from the plaintiffs in defendant's name, he had done so without authority. John Ward, on behalf of plaintiffs, gave evidence as to having purchased a portion of the material used at a reduced price, and had seen the remainder of the wood returned from the race course, split and unsaleable except at the price of second hand timber.' Joseph Jackson, for defendant) said he had asked M'Farlane for employment on the booth, but he had referred him to Hamilton, who gave him one day's work and paid him his wages. The Court ruled that the evidence was in favor of the statement that a contract had been made between the parties to the present suit, there being nothing to show that Hamilton was concerned therein. Judgment given for full amount claimed and costs 17s. Bull and Bond v. James Connelly.— Claim for £4 17s 6d. Defendant did not appear. Judgment given for full amount and costs 9s. Bull and Bond v. James Wagner {a Maori).—Claim for £7 10s 6d. No appearance of defendant. Judgment for amount claimed and costs 18s. Green v. Burrow.—Claim for £5 3s 61, balance of account due for erecting house at the Inangahua Landing. The venue had been changed to Reefton, but the plaintiff applied to have his evidence heard at Westport. It appeared that a written contract had been signed between the parties, but such document the plaintiff failed to produce. The case was adjourned until the following Court day for production of the contract.

WESTPORT WARDEN'S COURT

Tuesday, April 22. (Before J. Giles, Esq., Warden.) APPLICATIONS. Joseph Forsyth.—Tail race, Deadman's Bush, bottom of Pakihis, one mile from north beach. Granted. William Lennon.—For tail race and special site at Addison's. Granted. Kenneth M'Leod and party (eight members). —For head water race two and a half miles up the Orawaiti, on the right hand branch, and terminating at the stockyard, Caledonian Terrace, and also protection for all drainage which such race would command. Objected to by Andrew Douthett and party and Henrick and party upon the plea that if the right to all the drainage the race, as projected, would command should be secured to applicants, no other Water would be availfor other parties at present working in the district. The Warden said he could not grant the right to drainage in a general way, but only protection for races deriving a supply of Water from some defined source. Application refused. UNLAWFUL INTERFERENCE. Lande and Sleigh v. P. H. Thiele, M. Sullivan, and Daniel Williamson.— Mr Shapter appeared on behalf of de- , fendants. Complaint that defendants had, on or about the Bth April, unlawfully interfered with the registered dam held by defendants at Waite's Pakihis, by pulling out a gUage box and conveying Water therefrom, whefeby complainants had sustained damages to the extent of £lO. The complainant Lande appeared, but Sleigh did not, and it was admitted that he had been absent from the Coast for two years past. Mr Shaptei? pleaded that by the rules regulating procedure in Warden's Court it was necessary that the parties in every complaint should appear, and act personally, or by a barrister or solictor, or iu "the absence of any barrister, and by leave of the Warden, by an agent appointed itt writing, which rule the complainant Sleigh had not complied with* Lande could produce no authority to act on behalf of his alleged partner in the claim, and was nonsuited with costs.