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MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 1991, 19 November 1888
ASHBURTON— MONDAY. (Before Mr H. Friediander J.P., and MrD. Williamson J.P.) DBUNKKNNKSS. . John Tondra was charged with having been drunk while In oharge of a dray and tbreehorseson November 12, and nbo with having been helplessly drunk on November 14. Tbe acouaed appeared to havj bean In a very bad state, and tho police had to obtain medical treat jaent for him. No evldenoe was offered on the first charge. Acausad was fined 20 j and oo&ta 18 < In default eight days' Imprisonment. A firat offender for having been drunk while m charge of a h^rse wsb fine! 10s and cost*, In default 48 hours' imprisonment. The polloe obtained leave to withdraw a oharge of drunkenness against a man who had not previously been before the Court. DIBTUBBAHOI I* A RAILWAY CARRIAGE. Robert Todd and Jas, Miller, were charged with having behaved In a violent manner In a carriage of the Mount Somers tralo, to the annoyance of the other passenger* on Ootober 27— It appeared from the evidenoe of Mr Edaon and the guard of the train that a row arose between the men soon after leavine Tinwald. As Miller did' not show a disposition to be peaoible he was requaeted to get down at Weiterfield. In consequence of tbe disturbance tbe ladles m tin carriage bad to ba removed to a first class apartment. — J Brown, who wai oilied by Todd ■tated that Miller had been the aggressor. — Xh» B*nch aiid there was no doubt Miller was tbe aggressor, bat as this was the first time he h d been before the Caurt the B*noh would deal leniently with him this time. Were It not for this the Benoh would have iDflloted the full penalty allowed by the law.' Miller would be fiaed 20a aud be ordered to pay one half the coats, £1 4» B<J, In default one week's Imprisonim nt. Todd would be ordered to pay the other half of the costs, £14i BJ, m default three day* Imprisonment. trespassing: on the bah way H. G. Moore was charged with having trespassed on the railway line at Tinwald. It appeared a horse and dray had strayed from Clark's store over the line and defendant had brought thtm baok The apot where he crossed was abont nine chain* from the station and the Depart' ment brought tbe action baoaueo of the danger of pointa being Irjured or r»U» dlsplaoed by vehicles DBiiig taken over ' them- Defendant said that he could not have got the horse and dray back by any other way, but the statlonmteter stated that they could easily have been taken to the public crossing a few ohalns distant. - A fine of 20s and cost* was inflicted, . A BBSBBVB OASIS. W. Daigetty wa* charged with having allowed nine horse* to trespa** on reserve 1770, belonging to the Ashburton 0. uoty OounolJ, without having title or Hceniß to do §o. Mr Ori«p appeared for tho defend ant. After lome dlsoussion ss to the validity of the authorities to proceed, produced by the police. Sergeant Felton called F. Malnwarlng who pave evidence as io the vesting of the reaervo In the County Council —0. Fawcett ranger for the County Council said that hi October he Impounded nlno horsen from the plantation near Da'getty's. Had •«en the hones on tever»l previous OOOaiion* and had warned defendant who %*d promised to keep them out. The fence* had been put In thorough repair In April Uat, bnt there were now two or three gaps, and a hurdle, which had been fastened DC _app9ared to have been used M a gate. Witness was of opinion thst the horses had been put In the plantation — W. B. Oornpton, ponndksepar and his daughter, gave evidence a* to tbe Impounding of the hor*es by Fawoett and their reU\"«e by defendant— Ooustable dsey oUted tb»t he bad examined the fences. He exhibited a pl»n showing the fpnoes «nd ih6 g*ps. A considerable amount of damage had been done to the trees by the hone*. The gapa appeared as if they bad been wed a good deal, and there weie trace* of hor»es having b*en all through tbe plantation. —o. FAWcett. recalled, said that besldei hor*e*, he had *een cattle, the property of defendant, lo the plantation—Mr Crisp took a number of teohnlcal oMeotlons to tbe authorities produced by the police. That signed by the Chairnan and tbe: o lerk ot the OouDl y Oonooll, was, he argued, a nullity. In regard to th»t signed by Mr Baker. Commlaeloner of Orown Land?, Mr Crisp submitted tbat it bad not been proved tbat Mr Baker wa* tbe Commissioner, and It had not been ahown tbat the algnatnre wa* his. Furthermore the authority was five year old and related only to proiecutioo* for trespass of sheep. Me Orlip blso maintained that section 27 of the Public Reiervas Act, that under which the proceedings m this oase were taken, applied solely to lands' vested directly m the Commissioner, —Sergeant Felton replied to Mr Crisp. He relied on the authority signed by the Chairman of the Oounty Counoll. He maintained that all the power* vested In the Commissioner were transferred to the Ooonoll by seotion 20 of the Act.— Mr Crisp said the Council 8 authority was bad inasmuch as (t did not fc««r tbe eorpor*te seal of the Council. The Counoil besides, bad no power to give «noh authority which should Issue from the Commissioner. A farther objection «r«a taken by Mr Orlip to the information . bec»uie the gazette notioe vesting the reserve was not signed, nor did It purport to be signed, by tb© Governor, as provided by law — The Benoh ruled acainst Mr Crisp on all tbe points he had raised exoept that In regard to the necessity of the seal of the Council being attaohed to &c authority produced, or that tbe Obat'inan *°d olerk should be authorised bw react otlon of the Council to sign, They SSTiW«f. tbl. point till the conclusion of the case for the defenoe.— Mr Orlsp oalled W. Dalgetty, the defen <Sant, who s»fd that be erected the fence *t hi* own expense and maintained it for •bout «even year*. Last year the Oounoll caused some repairs to be made to it. The gateway tbat bad been alluded to was ooe which had been used when witness depastured thb laud lome years ago, The track bad been made by people going through lila land and along the plantation, m order to make t> abort out when going to Dromore. Witness* horses bad not been In the plantation for twelve month* pro vious to the day on whioh they bad been Impounded. There was a gap m the fence In another part of the plantation and a good many horses got In through it. Witneia bad never been warned about his bones trespass! oj? ; there had been no oooaalon for It, He had been spoken to About his cattle. The witness was cross- 1 axamlned by Sergt; Felton.— o. Faweett, recalled by the Bench, said that he had warned defendant three or ftur times. — The Benoh reserved their ddoliion for a week on the point ralaei by Mr Crisp. Thej commented strongly on the evidence given by tbe defendant and said that they Attaohed no credence to It. Tot Court then rose.
MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 1991, 19 November 1888
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