HAWERA RESIDENT MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume I, Issue 44, 11 September 1880, Page 3

HAWERA RESIDENT MAGISTRATE'S COURT.

Thursday, September 9.

(Before O. A., Wray, Esq., R.M., and Captain. Wilson,. J.P.) J. P. Carey charged Alice McFarlane 'with stealing a clock. The plaintiff withdrew the oharge, and did not appear. Mr. Parrington, on behalf of defendant, applied for costs,, stating thatic was not tbfc fisst tinaa tfw yl&iatitt laid. Mvoioua charges. The Bench decided to allow costs, which amounted to £1 15s, . BIDING OH THE FOOTPATH. ,, Constable Grozier charged H» R. Parrington with riding on. the footpath. .The defendant admitted the charge. Constable Crbzier stated there were two crossings near Mr. Owen's' hotel, .but .the defendant took a short cut across the, footpath. Mr. Parrington, who appeared 1 for the defendant, stated that he did not. < wish to raise any legal question, as hehad been instructed by a number of people to proceed against the Town Board for obstructing their right ot way. Fined Is., and costs. ' • James Holmes was charged with a similar offence, bat did not appear. The Bench stated 'that they would treat it as a contempt of court, in consequence of the defendant not appearing, and fined him 205., and costs. CIVIL CASES. : C. E. Gibson v. M. Denehay. — Claim for £6 11s. 4d., on a judgment summons. Adjourned till the second Court day in December! C. Casey v. J. Moriarty. — Claim for £4 11a. This was an adjourned case. Mr! Barleyman appeared for the plaintiff, and Mr. Parrington for the defence. The Bench delivered the following judgment : —"The parties to this action submitted A dispttte which h&d arisen "between them, as to a boundary ferica dividing their respective lands, to arbitration, and the award produced in Court was made. It seems clear that the intention of the arbitrators was, that the parties should, in the first place, each erect a substantial fence, and that being done, the plaintiff Casey should receive a sum stated (£8). The evidence, however, shows that the plaintiff did -not, oh his part, erect ,the fence specified by the arbitrators — that is, 4 a substantial three-rail fence ' — which in the opinion of the Court, bars his claim to the award in money. Judgment for defendant, with, costs."

W. L. England v. J. Treweek and Co. — Claim for £7 ss. lOd. Mr. Parrington, for defendant, stated that plaintiff had agreed to, accept a yerdiot for the amount out of c6urt. Judgment was' given accordingly, but execution was ordered, to be stayed, at the request of Mr. Parrington, who stated that defendant intended bringing a claim for a contra account. The Court then adjourned.

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