RESIDENT MAGISTRATE'S COURT.

Press, Volume III, Issue 285, 29 September 1863, Page 3

RESIDENT MAGISTRATE'S COURT.

September 28. [Before Joseph Beittan, Esq., K.M., and a full The case of Wostby Hawkshaw Pcrcival was pr \rT_:ain_or called James townscnd jun., who Ihe was clerk to the Bench at Lyttelton, and luced depositions and convictions in several P i_t_*e to this road which had been heard in After Mr Hanmer had addressed the Bench on iw__f of defendant, and Mr. Williams replied on hrlwJfof the complainant, the Court was cleared, and upon resuming the Resident Magistrate gave the following decision:-— The Resident Magistrate said this was an information under the Police Ordinance against the defendant for obstructing a thoroughfare, and _,c counsel for the prosecution had assumed the anus of proving that the place where the obstruction had Occurred was a thoroughfare. This he had endeavored to do by evidence of user on the ' 10 f the public for a period of six years. It certainly did appear strange to the Court that in a settlement not fourteen years old it should have been necessary to fall back upon tho most perplcximr mode of proving a highway wliich tho lavs of England provided, and one upon which there'was much controversy and on which the most conflicting opinions of eminent judges could be produced. The evidence beforo the Court did not appe° r to the Magistrates sufficiently satisfactory to warrant their decision that the disputed JS in question was a highway ; and especially they were unwilling to put in operation a penal ordtt-nee when that point was a matter of doubt. T_ey therefore dismissed the case. The Resident Magistrate then gave tho judgment of the Court on tho application of Forster to have PorciT al bound over to keep the peace. He said the Ifagtftrates were disposed to believe that the defendant had acted as he had done under the .friction tliat he was legally asserting a right; J t»t that view of his case could not be allowed. Whatever wrongs he might have ho had no right fc Uircaten the lives of any persons using the road. Ho must have recourse- to civil remedies for whatever injuries he thought himself suffering from".' He must not bb allowed to take the law into his own hands. Taking this view, tho Court would simply require his own recognizance to keep thepeace against Forster and all Her Majesty's subjects for six months, if he would give the Court a solemn promise that ho would be guilty of no more obstructive and threatening language during that time. Unless he did so the Court would require him to provide two sureties in addition to his own. This promise tho defon- - dant ultimatoly mado, and he was bound over in the Bum of £100 to keep the peace for six months. HORSE STEALING. Wm. Henry Campbell was remanded to Wednesday next on the above charges (2 cases) committed at Dunedin and Oamaru. Samuel Turner Long, for an indecent exposure * of his person, was fined £2. Wm. Watson, for furious riding in High-street, was, fined £2. . ACCIDENT ON THE FERRY ItOAD. "We have just heard of an accident which occurred yesterday evening, wliich might have been attended' with fatal results. Tho information . that? nas rttiched us is very imperfect, but it appears that a dray loaded, with sawn plonks was on its way to Cliristchurch, and that owing to one of the horses becoming restive it was backed into the adjacent ditch, overturning and throwing the whole weight of the load on tho driver's body. The man was extricated as soon as possiblo, and was carried into one of the neighboriog' cottages mMfHiblo. Medio*— aid w«_©b_»ned as soon aa possible, but we are unable to state how the sufferer is progressing. TBtB CUBIST V MINSTRELS. It will bo seen by on advertisement that the above entertainment has been postponed, in consequence of the non arrival of Mr. Bainford, the basso of the company, who missed his passage by . tho Alhambra. We havo beon requested to state that the managers hope tho postponement will be for a day or two only, is Mr. Bainford is expected overland from Otago, where the company gave their last performances.