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Resident Magistrate’s Court.

ASHBURTON, Friday, Oct. 15.

(Before Mr. F. Guinness, 8.M.) STRAY CATTLE.

J. F. Butler was fined in all 15s. for allowing his cows to stray.


William Smith, B. Cullen, T. Cotton, M. Noalas, James Daly, and W. Slade, were each fined ss.and costs, for riding or driving across footpaths. , ’ OBSTRUCTIONS. C. Sherry had obstructed Burnett street by leaving a horse and dray standing across. He paid a toll of ss. and costs. ILLEGAL TETHERING. 0. Carstens, W. Smith, and T. Taylor tethered horses in the wrong place, and paid ss. each for the mistake. carriers’ licenses.

ss. for carting for hire within the Borough without having taken out licenses. The charges were brought under by-law 77, and were test cases. UNPACKING ON THE STREET.

W. Sparrow was fined ss. for unpacking twelve cases of merchandise in front of his shop in East street.


Charles Hill was accused of cruelty to a horse on 12th October. William Adams stated that on the day in question Hill tied up a horse in the Road Board yard at 9 o’clock in the morning, and left it there without food or water till 8.40 the same night. Constable Daly deponed to finding the horse tied up at 8.40. It had only eighteen inches of rope, and could not by any possibility reach the grass. His Worship fined Hill L 5, and gave him a severe reprimand. EXTENSION OF LICENSE. Wm. Power, of the Royal Hotel, applied for an extension of his license, for a marquee on the cricket giound on October 16. The application was granted on the usual terms. CIVIL CASES. Judgments for amounts wih costs were given in the following , cases ; Baldwin v. Newton ; Lancaster i Pender, L 7 16s. 3d.; Hodder v. J. B Harris, Ll 3 4s. 3d.; Stephens v. Lockhart, L 9 19s. 6d. Ivess y. Martin.-—Mr. Ivess appeared and desired his Worship to tike some steps in this case, as a deadock had

occurred between himself (Mr. Ivess) and defendant’s solicitors, Messrs. Branson and Purnell, regarding the statement of a case for appeal. His Worship said the case was a very peculiar one. He would take till to-morrow to consider the matter, and meanwhile would write to Messrs. Branson and Purnell stating a case for appeal for their approval.

SOUTH RAKAIA. — Thursday, Oct. 14. (Before Mr. F. Guinness, R. M.) POLICE CASES. Hector M'Loan was charged with assaulting Sarah Thompson. After hearing the evidence, the Court fined the defendant 55., and ordered both parties to be bound over in the sum of L2O to keep the peace for six months. Philip Laraman was fined 10s. for allowing a cow to wander at large, and two persons named Doherty and O’Malley ss. a-piece for similar offences. A. Withell was tilso fined ss. for allowing tw r o horses to be at large. W. G. Kemp pleaded guilty to a charge

of neglecting to keep a light burning a night in front of the South Rakaia Hotel, and was fined 10s. John M'Namara, landlord of the Railway Hotel, was charged with selling liquors during prohibited hours. Defendant admitted the offence, but said it was committed by a servant without his knowledge. The police said the defendant’s house was excellently conducted. Fined 10s. CIVIL CASES. Hartnell v. Smithers.—Judgment summons. After taking exidence, the Magistrate adjourned the case for a month. McKerrow and Co. v. Fox.—Judgment for plaintiff by default. Clark v. Pearson.—Mr. O’Neill for plaintiff; Mr. Purnell for defendant. Plaintiff claimed £SO damages for breach of warranty. The defendant is bailiff of the Resident Magistrate’s Court, Ashburton, and in June last seized certain goods belonging to a man named Fagan, at Rakaia, under a distress warrant. Amongst these goods was a piano secured by bill-of-sale to Milner and Thompson of Christchurch. The piano was sold by the bailiff and purchased by the plaintiff, who was subsequently sued by the holder of the bill-of-sale, and judgment recovered against him. The plaintiff, alleging that the bailiff had undertaken to clear off the claim under the bill-of-salc, brought the present action. Mr. Purnell raised the preliminary objection that the action had not been commenced within the time allowed by statute. His Worship expressed an opinion that the point raised was.a fatal one; but Mr. O’Neill, requajting that time might be allowed him to look up authorities, the Court granted a month’s adjournment, costs being assessed against the plaintiff in the event of his electing to discontinue the action in the meantime.

Magson v. Belcher. —This was an action of detinue, in which plaintiff sought to recover a chaffcutter wrongfully taken from his custody by defendant; or, in lieu of its restoration, the sum of L 9. Mr. O’Neill, for plaintiff ; Mr. Purnell for defendant. Plaintiff was nonsuited, but without costs.

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Bibliographic details

Resident Magistrate’s Court., Ashburton Guardian, Volume 2, Issue 167, 15 October 1880

Word Count

Resident Magistrate’s Court. Ashburton Guardian, Volume 2, Issue 167, 15 October 1880

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