RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume XII, Issue 734, 19 November 1859, Page 4

RESIDENT MAGISTRATE'S COURT.

Christchurch.—Tuesday, November 15,1859. (Before Charles C. Bowen and Thomas Cass, • Esquires, J.P.) EDWARD M. TEMPLER V. JOHN THOMSON. , Mr. Johnston appeared for the plaintiff. ' Mr Duncan for the defendant.

' This was a case where, the plaintiff claimed damages to the amount of £20 as compensation lor injury done to a flock of 4000 sheep belonging to him) by a dog, either belonging to defendant or in his following rushing among them. The plaintiff's solicitor called three witnesses to prove the rushing of a dog among plaintiff's sheep, and also that the dog lived in or frequented the house m which defendant lived, but none of them could swear it was defendant's dog. The witnesses also proved that eight sheep had died and from 20 * ? *x. • in Jm' ed > they supposed from the effects of bites received from the dog; but, upon cross-examination by Mr. Duncan, they could not say whether it was not a sou-wester that killed them.

John Thomson, defendant, upon being called by Mr. Duncan, swore that he had no dog belon°-ini hw .T\ aS, Was referred t0 in the summons, and that he lad not a dog of any kind The Court thought that the plaintiff had failed to bring the possession of the dog home to the defendant, and that he (plaintiff), if he wished to push the case further, must commence proceedings against another party. ° The plaintiff was therefore nonsuited, and ordered to pay costs, 18s. John P. Bollard, publican, Christchurch, was P^i -r!7 £] 16£" Hnd costs '15s" »* the suit of the bailiff to the Resident Magistrate's Court, Chnstchurch.-.The debt was fo? hearing and judgment fees in some cases heard at a forme* date, in which Mr. Ballard was plaintiff. On .theft being demanded by the Bailiff he refused to pay them as there had been some money paid into Court on his account for other actions. The Court said that upon this case there could exist no doubt, as it was expressly laid down that all fees must be paid before leaving the Court, and that the Justices could even refuse to go into a case untilthe fees were paid. They would therefore give judgment for the amount and costs Several other cases were gone into, but being undefended, and a 1 cases of debt, they were without interest. About twenty cases were on record for to-day.