LAW AND POLICE.

New Zealand Herald, Volume XXI, Issue 7160, 28 October 1884, Page 3

LAW AND POLICE.

DISTRICT COURT.—Monday. [Before His Honor District Judge Smith.] The fortnightly sitting of the District Court was held yesterday, wiien the following business was transacted :— Judgment for Plaintiffs.—K R. Cardno v. C. A. Martiu, claim for goods £100, cost 3 £6 16s ; John Buchanan v. J. C. Laverock, claim for goods £51 15s 2d, costs £4 lis ; E. T. Dufaur v. Charles Penn, claim for promissory note, £3S 103, coats £1 3s. David Gkace v. Allan McGuire.— Claim for damage, £100. Mr. Cave appeared for the plaintiff, Mr. Hesketh for the defendant. In this case the verdict of the jury, returned at a former sitting of the Court, awarding damages to the plaintiff for £35, was upheld. Judgment Summons.—Catherine Stronde v. James Sinden, £5S 2s : Ordered to pay £3 per month, or six weeks in default. James Black and Margaket Black v. the Mayor and others of the City Council. —Damages, £60. Mr. Campbell appeared for the plaintiffs; Mr; Cotter for the defendants. Tfiia was a case in which the plaintiffs claimed damages from the defendants on the grounds that the latter, in or about the month of March last, by their contractors and workmen, wrongfully filled up a certain watercourse adjacent to the property of the female plaintiff, whereby her land and premises in Wellington-street were flooded. Large quantities of mud and d6bri3 had been carried over her property, destroying her garden, and injuring and diminishing it in value. The supports and foundations .of the dwelling-house bad been weakened, the front part of the house broken in, and mud and water deposited in the cellar. The house had been rendered damp and uninhabitable; to the detriment of the health of the female plaintiff and her child. For the defence all the material allegations were denied, and it was contended that the alleged damages, if any, were as against the contractor. That the plaintiff contributed to the injury and damages alleged, by placing large quantities of earth against the foundations and supports of the dwelling-house. That the formation and drainage works were undertaken by the defendants at the request of the plaintiffs, and the defendants took all usual and reasonable care in arranging for such work to be carried out and completed. Several witnesses having been examined, Mr. Cotter applied for a nonsuit, on the ground of contributory negligence, inasmuch as the whole damage had been caused by the pressure of earth so placed at the request of the plaintiffs, coupled with the heavy rainfall. His Honor thought that the evidence disclosed that the damage to the house was done through the earth, and that had the place been left clear the water would have run past the house. He agreed with the plea o£ contributory negligence so far as the damage to the house was concerned, the plaintiff having asked to have the ground placed where ic was. After further argument, His Honor reserved judgment, and the Court stood adjourned till half-past ten the following morning.

POLICE COURT.— Monday,

[Before Mr. P. A. Philips, J.P.] Drunkenness. —Three men were mulcted in the usual penalty for this offence. Two women were fined 10a and costs, or twentyfour hours' hard labour. Drunk and Disorderly.—Frank Swan, for being drunk and disorderly in Victoriastreet, on Saturday night, was, oo the evidence of Constables Ward and Mitchell, fined 203 an.l costs, or, in default, seven days hard labour. Habitual Drunkard. —Peter James Quinlan was charged with being drunk on Sunday, also with being an habitual drunkard within the meaning of the Vagrant Act. Accused pleaded guilty, and he was sentenced to seven days' hard labour. Forgery.—Francis Tuke, arreßted on warrant, from Dunedin, was charged with intent to defraui by forging a certain order for the payment of one pound sterling, at Dunedin, on September 13. On application of Sergeant Pratt, the case was remanded for seven days in order that the accused might be sent to Dunedin. GamingTable.—JamesEvans was charged with a breach of the Gaming and Lotteries Act, ISSI, by playing with articles—dice— used as a means of gaming in a pretended game of chance, "sweat," at Ellerslie Racecourse on Satuiday. On the application of Sergeant Pratt, the charge was remanded to Wednesday. Accused applied for bail, and was granted, himself in £50 and two sureties of £25 each. Sleeping on Premises.—Charles Conley (16), Thomas Martin (14), John Nicholson (16), William Smith (15), and James McQuinsey were charged with being found sleeping on the premises of D. H. McKenzie, Fort-street, on Saturday night, without lawful excuse. Sergeant Pratt said these boys were found sleeping in barrels on the premises in question, and on his application they were remanded to Wednesday, in order that the police might investigate into the matter. Larceny from a Dwelling.—John Wilhofo was charged with the larceny of £4 5s in money, the property of Julia Wilson, Rokeby-street, on Sunday. On the application of Sergeant Pratt, the charge was remanded to Wednesday. Vagrancy.—Michael Evans was also charged as being a vagrant, by having no lawful visible means of support. As he was considered of unsound mind, he was remanded for medical examination. [Before H. G. Smith, Esq., R.M.] Disorderly Conuccr.—Charles Ohlson was charged with being drunk in Elliottstreet on Sunday, also with assaulting C®natabla Hansen wuile executing his duty. Accused admitted being drunk, but said he knew nothing of the second offence. Constable Hansen deposed to arresting the accused, and to his violent conduct when removing him to the station. A sentence of seven days' hard labour was inflicted.