REEFTON NOTES.

Grey River Argus, 18 April 1925, Page 3

REEFTON NOTES.

Cornet News. I At a sitting of the Magistrate’s I Court at Reefton on Thursday, before 11. P. Lawry, Esq., S.M., Thomas Hubert Lee sued the North Blackwater Mines Ltd., for £BB 18/-. Judgment for plaintiff by default for amount of claim and costs £2. At the Warden’s .Court, the following applications were dealt with:— J. A. Morris (Mr Patterson) for a coal prospecting license over 300 acres at Giles Creek. —Recommended. The South Big River Mines Ltd. (Mr Reeves) for two water race licenses, both at Sutherland Creek. — Recommended. Also two special site licenses, also at Sunderland Creek. — Granted. A. T. Brooks (Mr Patterson), to surrender extended alluvial claim, No 5368. —Surrender accepted. C. J. Smith (Mr Patterson), for a hand sawing and timber splitting warrant over 20 acres in Block XU, Tnangahua, S.D.—Adjourned for report.

The A.I. Coal Co., Ltd. (Mr Patterson) for a water race license, four heads, and a special site license, five acres, both in Blk. X., Reefton S.D.— Adjourned for reports.

Receiver of Gold Revenue v. E. F. and G. G. Lockington, claim £39 14/6. —Judgment for plaintiff for amount of claim and costs 18/-. Same v. Elizabeth Smith, claim £2 2/-, and cancellation of a mining privilege.—£2 2/- and costs paid into Court, and cancellation proceedings withdrawn.

Receiver of Gold Revenue v. Richard Old. claim £1 12/6 and cancellation of a mining privilege.—Judgment for < plaintiff for amount of claim and £1 0/- costs. Cancellation decreed. Receiver of Gold Revenue v. Edward Gilsenan. Claim £1 16/3 and cancellation of a mining privilege. —Amound of claim and costs paid into Court, and cancellation proceedings withdrawn. CATTLE TRESPASS CASE. Tn the case J. W. Williams (Mr Phillips) v. G. Lockington (Mr Patterson), the judgment of Mr W. Meldrum, S.M., was as follows: — “Tn this case T find the facts proved to be:—(l'l That on January 26. 1925. defendant found certain cattle complainant trespassing on his farm at Fern Flat, near Reefton. (2) The defendant's farm was not. fenced on all i its boundaries with a fence of one of the kinds described in the schedule to the Fencing Act. 1908, and was there for<‘ unfenced land under Section 5 of the Impounding Act. 1908. ( '3) That on the said date defendant mustered complainant's cattle and proceeded to drive them 10 the nearest pound, which was five miles distant at Reefton. (4) That while he was on the way he was tendered by the’ complainant’s agent the sum of five shillings which was the amount ilefendant was entitled to claim as driving fees under the Act, but defend.! nt refused to deliver up Ihe cattl(> unless paid a .further sum of eighteen shillings, which the land, being unfenced, hi 1 unlawfully claimed as trespass rates. The agent refusing, defendant proceeded to the Pound and ilelivered the cattle to the poundkeeper. with a claim for driving fees and trespass rates. (5) Complainant under protest, subsequent I v paid the poundkeeper £1 Ils 2d and released the cattle. I lefemla n t'.s counsel contends that j the complaint is bad in that it dis- | closes more than one offence, and that I there is no power under tin* Justices of the Peace Act to amend a. complaint. I make no amendment so <lo not need 1 1 <leal with counsel’s second contention. I <lo not think the plaint discloses mor' 1 than one offence. The acts of impoundding became unlawful when defendant refused to deliver up the caiHTc on being tendered the driving rate of five shillings; and what was subsequently done by defendant was only the completing of the unlawful impending. Only one penalty could bo inflicted for what he did (vide Johnston’s Justice of Peace, 2nd Edition, p. 137) and therefore the averments in the complaint discloses only the one unlawful impounding .Ender the provisions of See. IS (2) (i) .1 convict defendant of a broach of section 2S and impose a Hue of £l. I order the payment to complainant by the Poundkeepor of IBs, the tiTspass rates retained by him. .1 also order defendant to pay the com plainant 8s 2d, the amount of the poundkeeper’s charges, and 5s for driving the cattle back on recovery from the pound; also costs of Court, 7s; witness expenses and solicitor's fee £3 3s.