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MAGISTERIAL.

ASHBURTON— THURSDAY. (Before Mr 0. A. Wray, R.M.) MAIKTRMANCS. .'.''.' J John Lethaby appeared In answer to • summons to show cajse why he should not attribute to the malntenanoa of his son In Baroium. Mr Outhbertson for defendant—The case had been partly heard at a previous Court day. On that occasion the defendant a wore that he waa not tha father af the bey, and that the mother was not hla wife. An adjourn* ment had been granted In order to procure farther evidence. Sergeant Felton now stated that he had a quantity of Information regarding the matter, bat owing to the heavy expense that would be entailed on defendant he bad not brought any witnesses. If, however, defendant would not consent to any order being made the police would have to apply for a farther adjournment to secure the attendance of witneasea. The mother of the boy stated that she was married to. Lethaby la England and that the .boy wan born m wedlock m Inveroarglll. The Invercargill Registrar had informed the police that Lethaby had signed the book and deisoribed the boy as hla own, when registerIng the birth. Furthermore a witness coold be obtained who could testify re* gardlng the marriage m England. These witnesses h,ad not been brought beoause an expense of Dome £20 would be entailed. If after hearing what evldenoa was forthcoming the defendant would not consent to an order the police would have to apply for an adjournment for a fortnight.—. Defendant would not consent to an.. order and the Magistrate granted the adjournment asked for by the police . AN IMPOUNDING CASE. Spencer Oompton, a lad, was charged on the Information of j. O. Bell with having Illegally impounded one cow on November 1. Mr ParneU for complainant, Mr Crisp for defendant. Mr Purnell stated that the Information was laid under instructions from the Hampstead Town Board. He opened the case at length, arguing that cattle c.uuld not be Impounded off roads wUhoat the consent of the local authority. J. 0. Bell, clerk of the Hampstead Town Board, lived a* Trevor ton. He owned a cow. On the bight of Ootober 31 saw his cow In his yard. Next morning the oo w was tn the Ashburton pound. The gate of his yard had been opened. Saw the defendant, who was the son of the poundkeeper. Defendant admitted impounding the oow and said he had got it In the middle of Trevorton. Defendant did not make the entry m the poundbook till witness released the cow. In reply to wltnesß the defendant said that his father had told him to Impound from Hampstead. Witness just then saw the boy's father and was proceeding to detail a conversation with him, when Mr Orlsp objected to the evidence— Witness continued that Oompton senior had been formerly ranger m the Hampstead district but his appointment had been revoked. The only person authorised to Impound m that district was B. Garter who waa paid a salary for doing that work. Witness bad laid the information at the instanoe of the Town Board, Before witntt* had been Instructed to proceed for the Board he had written to W. B, Oompton informing him that he (witness) was going to prooeed against him for illegal impounding.— This was plaintiff's case.— Mr Orlop opened that for the defence. He argued that the defendant's authority to impound was - conveyed by section 104 of the Pabllo Works A ot. Mr Purnell bad previously argued that this section had been repealed by Implication, but Mr Orlsp*ubmltted that it was not so If the Legislature had Intended when passing the Impounding; Aot, that seotion .104 of the Public Wocks Act be repealed, it would have been, explicitly stated. The poundkeeper also had permission from owners of adjioent pro* pertfea to impound. He called W. B; Oompton who said he had been requested to impound oattle In Hampstead by owners of land m that; district. He gave the names. — Mr ParneU oroisexamined the witness to show that all theie land owners lived at a considerable distariee from tha street on which the oow was Impounded. —The Magistrate said that at the matter was one of considerable Importance, ho would like to look through the Acts carefully before giving his deohion. The oiaa would stand over for a fortnight. civil casks. H. Zinder v P. Madden, claim £18 13s lOd. Judgment far plaintiff by default*. . Judgment for plaintiff, by default. R. MoOallum v R. Mlllin, claim £3 1*. n.?** r! °k GM 22 * P « te * Grace, claim £14 5j 7d. Mr Crisp for plalntfff, Mr Purnell far defendant. After a lengthy hea-lng, judgment was given for defendant with oouta £2 11s. Tl»e Qoqtt then, ro«e v

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18881115.2.17

Bibliographic details

MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 1997, 15 November 1888

Word Count
789

MAGISTERIAL. Ashburton Guardian, Volume VII, Issue 1997, 15 November 1888

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