BALCLUrHA.

Bruce Herald, Volume VII, Issue 617, 24 July 1874, Page 6

BALCLUrHA.

July 22nd, 1874. (Before J. P. Mzitland, Esq., R.M.) DRUNKARDS. John Mahan was charged by Sergeant Finnegan with being drunk and disorderly. Prisoner pleaded guilty, and was fined 10s or, in default, forty eight hours imprisonment. Joseph Kinch, in addition to drunkenness, was charged further with tearing Con«tabl« Baird's uniform. The pr soner was fined 10s for being disorderly, and LJ for damage t# uniform,

CIVIL LIST. Roberts y. Rutherford. Mr Reid for plaintiff, and Mr 1 aylor for defendant. Mr Taylor asked counsel for the plaintiff to amend his plaint This was done, and after argliment counsel proceeded with the case, which was, in effect, one for damages sustained by plaintiff by defendant removirig and maliciously breaking up some gates owned by plaintiff, but on a public road. Mr Taylor for defendant pleaded not guilty. That the road was a public one, and plaintiff had no right to erect a gate ; and that the Court had no jurisdiction, a question of title being involved. Mr Reid called Fitzclarence Roberts, who deposed that he was lessee and occupier of land being sections 11, 18, 22, and 23, of block H, Kuriwoa The district road passed through it. Witness applied to the Clinton Road Board for permission to erect swing gates on it, at the point at which such road enters land leased by him. He obtained authority from the Board in writing (produced) NeTur received notice from the Board to remove the gates. The gates were not on the ground now, they were smashed up. He had seen them, they were unfit for use ; the posts had been pulled out of the ground, and the wire cut as if with a file. The gates were ten or eleven feet wide, with plenty of room for wagons to pass ; painted and hinged. He could not replace them under LlO or Ll2. The posts were worth LI each, and were one foot through. The paddock was laid down in English grass, about 160 acres, the same was reserved for rams after coming from the ewes. The gates were so smashed that he could not use the same. He had had to put the rams in another paddock for seven weeks since damage. He suffered fully LlB worth. Cross-examined — Lost use of grass paddock for seven weeks Could not get men to put up gates. Matthew Paterson, Clerk to the Clinton Road Board. Produced his appointment. Knew plaintiff. Remembered his application to the Board to erect gates. That was at a meeting on 4th March. The consideration was deferred till the 22nd, at which meeting sanction was granted. Tt was a special meeting, duly called — full quorum. He knew the road to be under the control of the Board. Permission produced. T. Johnston knew plaintiff and defendant. Remembered June 4th, and heard defendant make use of certain threats . Was at Clinton on the 4th June, and saw defendant's horses and dray there. He ( defendant) said he would break the said gate3 down, and have his sixty-six feet of road. Did not see him smash the gates. Alexander Stewart — Live at Kuriwao. Work for plaintiff. Know defendant and his brother-in-law. Remembered 4th June. Remembered defendant smashing gates. Was present at the time. The gates were on the road line, which passes through plaintiff's land. Defendant ran over them after lifting them off their hinges. He went over them only once. Defendant put a chain round the posts, and broke them off by the ground with a horse. He cut the wires with a file. Witness saw him cut four or five wires. Saw him make use of the road before. There was plenty of room for a dray to pass through the gates. This closed the plaintiff's case. Mr Taylor naoved for a nonsuit on three points, namely, — There was no proof of the constitution of the Road Board. That the authority given by the Clerk must be under the seal of the Board. That the Road Board had no power to order the continuance of the gates ; that the authority was for retaining gates, and not erecting them. After some argument from counsel on both sides, no evidence was brought forward by defendant. His Worship said, as this was the first case under the Ac*, ever brought before him, he would consider the points raised, and defer his judgement till next Court day.