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RESIDENT MAGISTRATE’S COURT.

ASS BU ETON. —To-pay. (Before Mr. Nqgept Wood, R. M.) Drunks. r-An old woman who has heei) frequently before the Court, was fined 03. and 40s. for being drunk and using indecent language. William Davidson was charged with being drunk, and assaulting constable Neil. The constable deponed to prisoner assaulting him at about twelve o’clock last night. Prisoner denied the assault, but the Court found him guilty, and he was fined 15s. in all, By-Laws.— Weymouth Roberts, jun., was charged with allowing a horse to wander at large in Cass street. The offence was admitted, but accused said the horse had been tethered and had got away, how he could not tell. He was fined ss. and 7s. costs. William Taylor admitted having crossed the footpath in Peter street with a liorse, and was fined ss. and 7s. costs. George Swan drove sheep across a footpath in Burnett street, and also through the town within prohibited hours. Defendant said lie had been driving cattle and sheep in the district off and on for five years, and knew nothing of the prohibition. He had done the same thing a; dozen times before and had pever been Interfered with. Foreman Brown gaye evidence as to the crossing of the footpath, and for this Swan was fined Is. with 235. costs. In regard to driving within pro* hibited hours, the by-law provided exceptions in favor of sheep that were not being driven for the purposes of sale, slaughter, or shipment. No evidence was adduced to prove that the sheep were being taken for either of these purposes. The Magistrate said the by-law was a most stupid one, and he failed to see why a mob of cattle would do any less harm because they were going to be milked, or because they were going from one farm to another, than if they were going to be sold, killed, or shipped. The by-law was one that deserved to be walked through, but in future when accused wanted to drive sh jep through the town within prohibited hours he must first obtain the Borough Council’s permission. Sergeant Felton said he was surprised to see tfiis case brought at all, as it was only recently the police had been asked not to enforce the by-law umjpr which it was brought. The case was dismissed. Alexander Spring was fined ss. and the psual costs for allowing a cow to be a.t large, snd Raines Wilkie did jiot appear to answer a charge of crossing q, footpath in Peter street with a horse. He was fined 10s. and costs. CIVIL CASES. Grice v. Saunders. Claim, L3O. In this case, which was heard last Friday, his Worship gave judgment at the rate of 2d. per head of the sheep alleged to have trespassed, contending that the ordinance never was'intended to confine all trespass ijaijiages to Id. per head. It was absurd to imagipe tlja.t this \vas jtlie limit when perhaps a crop that plight yiplj possibly 60 bushels to the acre had beep destroyed by a large mob of sheep. He would give judgment for L 27 ; with L 3 15s. costs. Peter v. Fergus, Claim, LIOO damages for alleged non-performance of a Contract to cut 200 acres of grass. Mr. O’Reilly for plaintiff ; Mr. Branson for defendant. The evidence was almost a repetition of what was given in a previous case where the. positions of parties, were reversed, and defendant sued plaintiff for the cost of cutting 70 acres of the same contract at 7s. 6d. ah acre. The evidence led to-day was to the effect that the contract was originally to cut, tie, and stack 2QO dftrea at LI an acre. Fergus failed to fihd meji to tie,‘though he advertised for . then), pud 'i*eter uJljerjfcook * jhit duty himself, relieving Fergus, and entering into another contract with pirn tq cpt only, at 7s, 6d an acre. The cptting took place as far back as December, 1878. Fergus was said by’plaintiff to have agreed to come and cut whenever he was sent for. He delayed some days ; as a consequence the grass was shaken during the catting by hot winds and, rain, and about 3,000 bushels, at 4s. or ss. a bushel, were lost. Mr. Branson contended that the second contract condoned any breach of the first, and under the second contract of 7s. 6d. per acre, Fergus had done as much as he could till he was stopped by Peter. The wind and rain were the act of God, and not of Wm. Fergus. His Worship said a non-suit should be accepted, as he could see no case that had been made out. Plaintiff was non-suited, with costs, Ls' 6|. T “•

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18810211.2.11

Bibliographic details

RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 2, Issue 266, 11 February 1881

Word Count
786

RESIDENT MAGISTRATE’S COURT. Ashburton Guardian, Volume 2, Issue 266, 11 February 1881

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