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PORT CHALMERS.

Tuesday, 7th Septbmbeb, (Before T. A. Mansford, Esq., K.M.)

Absent without leave.— Francis O'Brien and Bobert Mills, articled seamen belonging to the ship Altcar, were arraigned on the charge of having absented themselves from the vessel without leave. The prisoners pleaded Guilty, Captain Harvey, of the Altcar, stated that he hat no desire to press the charge, but merely wished the Court to impress upon the defendants that they were not to have their own way on board. He had refused to let them go ashore. His Worship observed that defendants had been guilty of a gross breach of discipline, and of acting in defiance of the captain's orders. He should order them to go aboard their ship and to forfeit three days' pay. Slacghxebing License.— -Win. Grove applied, through his solicitor, Mr Joyce, for a slaughtering license and yard at Sawyer's Bay. Sergeant Neil opposed the application on the plea that the refuse from the yard would flow into and pollute the water of the main creek. Mr Joyce pressed the application. It had been pigned by a number of the Sawyer's Bay resident*. S» wuld produce cvidemuj to prove

that the yard was not likely to become a nuisance. Two witnesses %vere examined, but their evidence failed to satisfy the Court, and the case was ordered to be adjourned to the 29th instant.

CIVII. CASES.

The following, cases, brought against W. Strachan, late contractor, to recover the value of work and labour done, were heard, and judgment recorded for plaintiffs with costs. John Hutson, L 45;4 5; James Swinton, L 45;4 5; J. Smyth, L 45.

Thomas Mason v. W. Strachan, late contractor. This was a case brought to recover the sum of L2O, value of damage done to the plaintiff's house, through the negligence of the defendant or his servants. Plaintiff deposed that his little home was situated under the railway embankment, and that in the month of March last it had been destroyed by boulders coming down the embankment, and also by a mass of stuff that would have killed him had he been in at the time. M. M'Mahon corroborated the evidence of the plaintiff. The house had been knocked away from the chimney and the latter partially destroyed. The Bench asked for evidence as to the value of the property, and Mr WyKe, who had attended to give evidence in the former cases against Strachan, certified that Ll4 would fully cover it. The house might have been worth LBor L 9. Judgment for LlO, with costs, was given for the plaintiff. M. Savers v. E. Brodrick, claim to recover L 8 lls 9d, value of defendant's board and cash advanced to him. Judgment for plaintiff, in defaidt, with costs.

A. Bowlan v. S. Carey. — This case, which had been brought to recover value of damage done to plaintiff's property through the trespassing of defendant's cattle, had been adjourned to give the defendant an opportunity of completing his share of the fencing between the land owned by the litigants. Mr Joyce appeared for the defendant, and stated that the fencing had been completed, and he hoped that peace and harmony would thereby be restore!. Plaintiff remarked that he was not satisfied with what had been done. The fence was not worthy the name. Defendant deposed that he had fenced from the road, and met plaintiff's fence. He had put up a good three-rail teatree fence. Plaintiff averred, dietatorially, that he had examined the fence that morning with another man, and could swear that the fence was imperfect. The posts were not a foot in the ground, and it was very crooked. A cow pushing against it would knock it down. His Worship observed that he had adjourned the case and had done what he could to bring about a better feeling between the contending parties, but to iio purpose it appeared. He had intended to have made the defendant pay something on account of damages, but instead of that he should alter his mind, and adjourn the case for a month, so that the stability of the fence might be tested meantime. He sharply rebuked the plaintiff for his disrespectful bearing to the Court. It was not the first time that he had so offended.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/OW18750918.2.17.4

Bibliographic details

Otago Witness, Issue 1242, 18 September 1875, Page 5

Word Count
712

PORT CHALMERS. Otago Witness, Issue 1242, 18 September 1875, Page 5

PORT CHALMERS. Otago Witness, Issue 1242, 18 September 1875, Page 5