CITY POLICE COURT.

Otago Daily Times, Issue 13838, 27 February 1907, Page 7

CITY POLICE COURT.

TOESDMT, I'KBIIUAIiY 20. (Beforo Mr H. Y. Widdowson, S.iM.)

Drunkenness.—A first offender (an old-age pensioner, belonging to tho Gore district), who did not appear, was fined 5s and 2s cab hire, in default 2-1 hours, Donald Ifathceon, who was fined 20s on Monday for being drunk whilo in charge 0! a, horso on Saturday, was again brought up on a charge of drunkenness, ..and was fined -10s, in default eeven days' imprisonment. Inadequate Means of Support.—George Buckley, for whom Mr Irwin appeared, pleaded "Not guilty" to a charge of being an idle and disorderly character, having no lawful visible means oi support.—Evidence ■was given by tho polices to show that accused had been lonfing about Dunodin streets for the Inst , throo months, and had been warned by the police cither to get work or leave tho town.—Mr Irwin stated that accused was physically unfit for hard work (having bad feet), and had a nephew who kept him and was still prepared to koep him. Ho called James liackley, glazier, who gave evidence to tills effect, and added that accused occasionally (lid odd jobs.—Accused also gave evidence on his own behalf, and said ho had been 11 times in the Hospital. Ho occasionally went out rabbiting, for which ho had all tho necessary gear. Under cross-examination, he deJiied having been to a certain house, in Walker street or carried liquor there.—Mi, Irwin submitted thnt there was no evidence to show tbat licensed bad no means of support.—The Magistrate said thnt ho wiis not at all satisfied with accused's conduct, but would givo him the benefit of tho doubt.—Accused was accordingly discharged. Industrial School Case 3— Charles Baird was charged with disobeying an order of the court lor tho inaintonanco of his illegitimate child, who was iu tho Industrial School.— Defendant admitted that the order was in force, and that the arrears wcro owing, but pleaded the extenuating circumstances that ho had oifored Mr Burlinsou £50 to settle tho, wholo case, but tho offer had been declined, Mr Burlinson holding out for £100. He had also-tried to get tho child adopted, but had not succeeded. Hβ had a wife and ■three children, and for tho last 12 months had only earned £75, of which ho had paid £X> in reduction, of a caso was adjourned for a fortnight to enable defendant to produco a doUilcd statement of his camings, his Worship remarking that ho was not prepared to take any nian'e word as to what his average earnings were—Peter' Olsen was charged with boing. £51 15s 6d in arrears in his payments for two' children' in the Industrial School. Ho pleaded " Inability to pay •through lack of employment, mainly due to illhealiii."—A iino.of i! 3 on «ach charge was ;;:ipoEcd.—Florence Maud Hansen was charged.for failing to comply with an order of (bo court for tho payment of Gd a week for cadi of her four children in the Industrial School, the amount ot JCI 18s being in arrears.—The debt was admitted, hut defendant pleaded inability to pay because of her low v.'uges—us por week as housemaid at a boarding-houso.—Tho case was adjourned for u week, and the police wcro instructed to see the Labour Department and .ascertain -whether 11 more remunerative position could not ho obtained for tho woman. Hopo Michael, who was £43 Os 3d in arrears for tho suppott of his two children in tho institution, made on oder to pay £2 a month as from the present date, and tho caso was adjourned for thieo weeks to give defendant an opportunity of showing his bona- fides;—Tho police applied for an order ugahiEt Alice 'Willrinson for the support of her four childron in tho Industrial School.—Defendant, who' was represented by Mr Ilanlon, admitted that tho children were.hers, but stated that she- was not in a position to. nialio any payments, Sho was a housekeeper, but only received her keep and clothiug.—No order was made. Insulting Behaviour. — Henry Augustus , Scott. \v:is charged with having on December 21! used insulting behaviour to Samuel lCract. betwecti Wiiigatui and'Dunodin.—Mi Hanlon appeared for the prosecutor, and Mr Hay for the accused, who pleaded " Guilty."—iV fino of 40s, with costs (JEL 8s) was inflicted, Jiis Worship xomaiking that it was necessary that men in lirnctzor's position should be protected—just as necessary as in tho case of police detectives.

Alleged Assauti—William Edwards was charged on two informations with having on February i, 1907, unlawfully assaulted Harry Bollon and liichard Harrison.—Mr Enislie uppeurcd for tho prosecutors, and Mr Irwin for tho necused, who pleaded " Xot guilty."— After evidence had liccn hcaril tho caso was dismisret 1 .

Tlio fencing Act.—Jolui Stevenson v. Frederick Taylor.—This was a case brought under iho Foneing Act for tho nsoortaining oi Hip inio lino oi fenco hohveen allotaicait 17, township of Kcynstone (owned by dofenduit), and allotment IS (o\rnod by plwitifi).—Mi Adams appeared for plaintiff, and Mir Tonkinfoil for defendant.—Mt ToiOiinson raised a jirclimiur.ry objection as to jurisdiciion. Tho (wo picM3 of land in question wcro hold ■nv.der llio provisions ot tic land Trausfor Aet, aud in deciding whero the line of fonco wiia to lio, his Worship would decide that a certain amount of Jand Iμ h<M by one pariy and so much by another. Ho ivotld dcciclo ithoro tlio boundary was, and eoiusol sirbruHted that in doing ?o his Worship would bo oxoccdiiiS hia jurisdiction. This land was flat land, and devoid of any topographical difficulties in Hie way of ascertaining the true boundary.—Jlr Adorns slid there was no difficulty ill Iho mutter, and nny decision that might 1)3 given would not debar eithcir of UlO parties soirg io tlio Supreme Court ior a title should thorp bo any dispute.—-His Worship siiid lio saw no roasoii why tho whole qiieition as to tlio. fcnc« lino coukl not, l>3 deeded mutually. As to Mr Tonkinson's tbjection, he considered thnt the act gavo ■him full jurisdiction to fix tlio Hue of fence. Uo cortninly should not go the length af impeaching a certificate of title.—Mt Toulimsoa said tJiat as tho case proceeded, hii Worship would sco the <iucstions of titlo' ar.u fenco lino in this case vrcro inseparable. Ho would like liin Worship to defer judgment on tlio .point.—His Worship: 1 will do so, but nt tho same time I hd not think Micro is anything in it. Continuing,. the ilugislralo irtated that the matter in dispufo could bo much hotter settled by tho Land Transfer office, with tho assistance of the survoyors, than by the court.—Mr Adams faid tho Land Transfer Department would not tolio iho responsibility, and tho parties' surveyors did not agree as to tho true line. The'ciroimftances of the case were Uiai tho township of Koynsioiie lay befivieen Cargill road and tlic Main rond to Caversham. In 1654, allotments 15, IG, 17, and 18 of the township woro all united under ono ownership, that of Jtarpnvrt (Juinn. Between 1839 and July, ISC3. the four allotnwote separaioly di'sJioseJ of, allotment IS, that now owned by ]iliiintiff, being Eold in :SO2, whilst dofciidani's allotment was not sold ntriil 1593. The.ro was a dispute between tho preacmt owners of the«o sections as to which was t&o proper boundary.—Mr Adams, lot plaintiff, submitted that i( ther.i was any deficiency in the- Koc'; that deficiency must bo borno by tho ]cat Jiurchnfcr ar.d not by tho first purchaser.— Mr Tonkinson's contentioi! \sw that nlthTOffli IMainliff held J<!s 3 than Uw All 50 links o,' Ixnmdnries were marked by rt'rlr.in old fences, which, in tho absence of nny [ic.js or other definite fixed point from which a survey should bo comlueHced, counsel submitted must be accepted as IV boundaries on which tho land was soid.-In reply to his Worship, however, Mr TonUinson said ho could not bring any'o~idonco to show that tho fences wero c'rcc'.od 011 the lines of the original Mirror Kvidoace was jjiven fo- tho plaint'iiT by C. E. Bavcy (solicitor). John Stevenson (p!;u:itilfl. and X. Patcrton (surveyor), and for t!:o defendant by defondaut and "William J. Hull (surveyor).—Judgment was given for Ule plaintiff, tlio Magistrate adopting ttio lino of :o"ce laid dowu ou the plan by Mt X. Pator-