RESIDENT MAGISTRATE'S COURT.

New Zealander, Volume XXI, Issue 2223, 14 September 1864, Page 5

RESIDENT MAGISTRATE'S COURT.

Tuesday. (Before Thomas Beckham, Esq., R.M.) H. Billboard v. R. Hales.—Mr, Brookfield produced a medical certificate from Dr. Goldsboro’, stating that defen lant was suffering from bronchitis, and unable to attend the Court. The case was therefore adjourned until Thursday week. F. Stevens v. A. Scott. —Claim £5, for damages done to plaintiff’s garden by a cow. Mr. Beveridge for plaintiff. Defendant said he had some cows, and had a license to run them on Government lands. On the 19th August one cow was impounded by plaintiff. On looking at the garden he could not see a single cow-track or one vegetable cropped. Mr. Beveridge said he must consent to a non-suit, as the plaintiff was not in attendance. He had expected the case first on the list to occupy some time. F. Stevens v. Scott. —Claim £5, for damages done to a garden by delendant’s cows. Mr. Beveridge for plaintiff. Plaintiff said he was a lessee of some land on the Grafton Road, and on the morning of the 19th found three cows in his paddock which he knew belonged K> the defendant. The cows had eaten about one”hundred cauliflowers, fifty brocoli, twenty cabbages, and done other damage to the amount of at leas; £3, The pound-keeper proved the ownership of the cow, and Mr. Ogilvie, who resides with plaintiff, stated tha f

he saw the garden in good order on the night of the 18th, and the damage that had been done on the following morning. He estimated the damage as beine not less than A3. Defendant deemed that his cows had not done any damage, and called three witnesses in proof of it. One said distinctly that there were no footmarks in the garden on the 19th of August. His Worship said it was evident there must have been some mistake with regard to the time. A nonsuit was entered. His Honour reminded defen lant that if his cows had done damage, he had best make reparation without regard to the date; the plaintiff would have an opportunity of rectifying the error, and commencing a fresh action.