MAGISTRATES’ COURTS.

Lyttelton Times, Volume XXXVII, Issue 3572, 28 June 1872, Page 3

MAGISTRATES’ COURTS.

Thursday, June 27. (Before C. 0. Bowen, Esq., R.M.,) Drunk and Disorderly.—George Titmarsh, arrested by constable Wilson (first offence), was dismissed witli a caution. Chimney on Fire.—William Simmonds was summoned for having neglected to keep the chimney of his house clean, and permitting the same to get on fire. Accused admitted the offence, and was fined 10s. Destitute Persons Relief Ordinance. —James Chambers was summoned by Charlotte Dobbs for having neglected to comply with an order of the Court to pay 15s per week for the support of his illegitimate children (3), of which informant is the mother. The amount in arrears up to the 27th June was stated to be £8 10s. An order was made for the amount to be paid at once. Cattle Trespass—The following cases were disposed of:—Thomas Burnett, one cow South town belt, finer! ss; Susan Craddock, seven cows, South town belt, fined 15s ; Ed. Stewart, ono cow, South town belt, fined lOs- Henry Knight,one mare, on theNorthtown belt fined 5s ; John Wright, one cow, Lincoln Road, fined 6s; William Arthur Grey, one cow, on a public road near West Melton. The constable said that when he spoke to Mr Grey about the cow; he said ho would not remove it from the road until witness could prove that it was doing harm; fined 10s. William Thompson, one cow, on a public road, m the Spreydon district, fined ss. A Runaway. —Thomas Gatos was charged whh having remained at such a distance from his horse and cart, in the Whatoly road, as not to have proper control over it. Constable Davis proved the offence, stating that he saw the horse bolt down Whately road and round the Post-office, without any one being in charge ot it Accused’s son said that the horse was tied up to a post, ar;d being startled, broke it and galloped away. Ihc constable said, when he saw the, horse, the bridle was broken, and accused said that the_ horse hod broken away from, where it was tied up. Accused’s son said his father had been called away to Oxford, and was thus unable to attend the Court. His Worship said ho would adjourn the case until next week toi MeASURE s.-The following cases in which informations had been laid by Constable Welch, inspector under the Weights and Measures Act, were heard J. K. itovie, Armagh stwet, one I-pmt and one .-pint measures unstamped, but correct; fined 20s,

and the measures to be forfeited.—James Mather, milkman, Sandhills, one 1-quart and two 1-pint measures, all of which leaked and were unstamped. The Inspector said all accused’s measures leaked. Accused said that ho had used them in serving the former Inspector of Weights and Measures with milk, and as Mr Brunsdon never said anything about them, ho naturally thought they were correct. (Laughter.) A fine of 20s was imposed, and the measures to be forfeited.— John C. Carr, milkman, North road, one 1-pint measure, correct, but unstamped; fined 20s, and the measures to bo forfeited. — John Lamb, milkman, Bingsland, one 1-pint, and one i-pint measures, unstamped, but correct ; fined 20s, and the measures to be confiscated.—William Harris, milkman, Sandhills, ono 1-quart measure, nearly one gill shprt, and unstamped. Accused said the measure was bought at Rowley’s, the tinsmith, as being full measure. The Inspector said the measure was very much dented in. His Worship said the offence might not have been intentional, and accused would only bo fined 20s ; but in future he would deal very severely with measures that were deficient.—David Dunlop, St Albans, milknfan, one 1-pint one and 1-quart measures, unstamped, but correct; fined 10s, and the measures to bo forfeited, George Green, milkman, St. Albans, one 1-pint measure, unstamped, but correct; fined 20s, and the measure to be confiscated.— Thomas Palmer, milkman, New Brighton, one 1-pint and ono i-pint measures, unstamped, but correct; fined 20s, and the measures to be forfeited. False Registry op Birth.—Ann Cronin was charged that she “ did, on the 28th day of May last, make, for the purpose of being inserted in a registry boot of births, a false statement touching certain particulars required to be known and registered under the provisions of the Registration Act, 1858, to wit, that the name and surname of the father of her child was Harry Cronin, and that she was a married woman ; whereas, in truth and in fact, the name of the father of the child is Harry Brian .Thompson, and the said Ann Cronin is not a married woman.” Mr Joynt appeared for the defence. Evidence was given to show that accused had registered the child as stated in the information, and that she had subsequently sued Harry Brian Thompson as father of the child, and obtained an order against him for 10s per week for its support. It was also shown that on the latter occasion she stated on oath that she was a single woman!; and her father being now called in evidence, stated that she had never been married. Thompson, on being sworn, denied being the father of the child. He was subjected to a lengthened cross-examination by Mr Joynt, in which his connection with accused, as also his intimacy some time back with a girl named Clara Nock, was referred to at length, the evidence being generally unfit for publication. On termination of the examination of witnesses, Mr Joynt addressed the Bench on behalf of his client. He said he had no doubt that accused had made a false statement to the Registrar, but he had no doubt that she was actuated simply by a desire to cover the degradation she had suffered at the hands of Thompson, and that she had not the slightest idea of committing a breach of the law. He also pointed out that this was the first case of the kind which had occurred with Mr Parkerson, and referred at length to the ambiguity of the law in its bearing upon offences of this character. His Worship said, under all the circumstances of the case, he would dismiss the information against accused, and hoped that it would be a caution to her and others. CIVIL CASES. Duncan and Son v. T. Allen. —Claim, £ll 5s 6d. Judgment by default for full amount and costs 20s. Thos. M. Grandel v. J. Rosser.—Claim, £3 3s 9d. Tendered £2 Bs. Judgment for £2 lls ; plaintiff to pay costs, 12s. F. Innes and Co. v. J. Roundtree. — Claim £3 5s fid. Tendered 15s. Judgment for full amount and costs, 14*. L. W. Palmer v. M. Lawlor. —Claim, £9 18s. Judgment for full amount and costs, 20s.

John Hodgson v. J. Catteemole and C. Barrett. —Claim, £lB. Judgment by default for full amount and costs, 30s. James Rosser v. Thos. M. Grandel.— Claim £4. Judgment for defendant with costs, 12s. Avon Road Board y. David Douglas, Hugh MTleoy and Samuel MTlroy—ln this case plaintiffs sue for £25 damages, alleged to have been sustained by the trespass of defendants on a certain road and drain in the Avon district, and thereby causing a quantity of water to flow through and over the said road and drain and other land in the Avon district. Mr Joynt appeared for plaintiffs, and Mr Garrick for defendants. The drain in question was constructed by the Provincial Government before the Road Boards were constituted, and drained what is now a portion of the Riccarton and Avon road district. In consequence of some misunderstanding between the two Road Boards as to the expense of maintaining the drain, the Avon Road Board decided upon not clearing that portion of the drain within their district, with a view to stopping the drainage, and consequently the water was backed up, and at certain seasons of the year inundated the land of the defendant, Douglas, and others living in the same neighbourhood, so much so in Douglas’ case as to render the farm almost useless. The evidence went to show that the natural fall of the water was towards the Avon. The defendant Douglas, with the assistance of the two other defendants, whom he employed for the purpose, cleared out the drain within the Avon district sufficiently to carry off the water, as it has been cleared in other years by the Avon Road Board. Mr Haskins, surveyor to the Avon Road Board, ordered them to desist, but they persisted till the work was finished. Mr Garrick argued that the defendants were only in their right in removing an obstruction in a drain that existed before the Board was constituted. Mr Joynt contended that they were trespassers ,in interfering with a drain in the Avon district, so as to bring down water from a large portion of the Riccarton district. His Worship, in giving judgment, said that the question was not as to the rights of the Road Boards. It was in evidence that the tendency of the water was to flow towards the Avon, and that the drain existed before the Road Board came into existence. A private individual, whose property was being ruined while the battle of the Road Boards was going on, was justified in so far, removing an obstruction deliberately left in the drain by the Avon Road I Board as to relieve bis land from the damage created. Judgment would be given for the defendants with costs. Mr Joynt gave notice of appeal.

LEITHFIELD. Wednesday, June 26. (Before G. L. Hellish, Esq., R.M.) Assault.—Mrs T. Johnstone was charged with this offence upon the information of E. Tobin, also with illegally rescuing cattle which wore being impounded. As ono charge arose out of the other, the Bench decided to adjourn both for the production of witnesses until July 10. , Assault. —E. Tohm was charged with assaulting 11. Milner at Collier s Hotel. Complainant said ho would not press the charge, the accused having apologised. The latter was discharged on payment of costs. CIVIL CASES. T. M'Nauoht v. W. Newcomb.—Claim, £6 Os 6d Judgment by default; coats 14«T. H. Evans v. W. Newcomb.—Claim, 9s. Judgment by default; costs 10s. J White and Co. v. T. Johnstone. — Claim, £2. Judgment by consent; costs 6s.