WINTON MAGISTRATE'S COURT

Southland Times, Issue 17609, 25 March 1914, Page 2

WINTON MAGISTRATE'S COURT

ILLEGALLY TAKING TROUT. At the Magistrate's Court at Winton yesterday before Air Thomas Hutchison. S.M., Albert Hinckley, of Browns, farmer, was charged with having aided, and assisted John Crowley in illegally taking two trout from the Otapiri stream, near Browns. John Crowley, of Browns, quurryman, was charged with having illegally speared the two trout, and Wm. Walsh, of Browns, blacksmith, and Robert Cameron, of Browns, farm-

hand, were charged with having taken trout by band C'guddling.") The four defendants pleaded guilty. Air Eustace Russell, who appeared for the Southland Acclimatisation Society, sail! that on February 22 Ranger Leyden saw three men driving in a gig from Browns. They stopped and had a look at the stream, then turned into a paddock, and drove down some distance where they were joined by a fourth man. The Ranger kept them under observation and caught them red-handed, seizing the spear and two trout that had been speared. Tite defendants were convicted, and each of them was fined £2. with 10s fid solicitor's costs, and Court costs amounting to Ts. making £ll 10s in all. Th« Court took into consideration the fact that the men had pleaded guilty, and had admitted the offence to the Ranger. The spear, which was a three-pronged one and beautifully made of steel, was declared forfeited by the Magistrate. CLAIM FOR DAMAGES. Patrick Kean, of South Hlllond, farmer, sued the Dominion Rope and Fibre Co.. Ltd. (Winton), and Henry Bloomfield, of Winton. flaxmiller, for £2OO, damages for alleged failure to cut and remove .700 tons of flax sold byplaintiff to defendant Company at a royalty of 8s fid per ton. It was admitted that defendant Company had in November. 1912. purchased the flax in question for a royalty of Ss fid per ton, and during the months from February lo May, 191", had cut and removed some 900 tons of flax from plaintiff’s land which defendant had paid for monthly. In the month of September. 1913. the Company sold its mill and plant, but not the green flax lo defendant Bloomfield. The defence was that plaintiff received a letter from defendant Company dated October 7. 1913. notifying plaintiff that they had sold the flax to defendant Bloomfield, and that between October 7 and January 29, when plaintiff wrote defendant Company complaining of their failure to take the flax, and that he would hold them liable for breach of contract, plaintiff on three different occasions dealt with the flax in question as his own property, and thereby released defendant Company

from the contract. Particularly was this so when plaintiff between Christmas and Xew Year last sold the flax in question to one Charles Oeddes for 7s per ton. arid who was delivering the llax to lhe defendant Bloomfield, and the sale was reduced to writing. Eurther. that on Geddes's failure to cut and remove the llax about the middle of January. H»H, plaintiff sold the flax to defendant Bloomfield to he delivered by flie plaintiff personally at the mill for t’i’s fid per ton. Plaintiff, however, had failed to deliver any llax to Bloomfield and denied that there had been a coni tract. i After hearing the evidence the Magisj trato said that he was perfectly satisj lied that plaintiff had, dealt with the [ llax as alleged by defendants, and had treated the original contract with the Company as at an end. Judgment. j therefore, must lx* for both defendants, ; with £lO solicitors' costs, lias witnesses 1 expenses, and 11s Court costs. The ' Magistrate impounded the contract put :in by plaintiff which was unstamped, land ordered that plaintiff should have j same stamped with a is stamp and a i £.7 fine thereon, and counsel, on behalf lof plaintiff. gave ins undertaking to have tliis done. Mr IT. A. Macdonald appeared for plaintiff, and Mr Eustac* Russell for defendant. | DrCEXSTXG PROPECETIOX. William Bryce, licensee of the Ben's more Hotel, and Peter Bryce, barman. ; were charged with having supplied i liquor to a boy under the age. of eighteen | sears, and after hearing the evidence j for the police and the defence. the I charge in caeh instance was dismissed, j Mr Horace Macalistor appeared for both j defendants. I