RESIDENT MAGISTRATE'S COURT.

Taranaki Herald, Volume XXVII, Issue 3105, 1 May 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesd AT,' April 29.—Bef ore R. Parris, Esq., V \ - R.M., arid £ Sing* Esq., J.P. Trespassing on. the Railway. — James Wilson was fined £1 7s. for this offence. .- ,HOBSE AND.CAB'JiAND.JS'O O2TEIN CHARGE. . — Frederick Richards was fined 12s. for -leaving his horse and cart without any one in "charge, whilst he went to get letters from the Post-office. - The horse in the meantime started off and ran down town.. Cow Wandering in town. — -John Crozier had to pay 12s. for .this privilege. Indecent Language in a Public Place at Raleigh. — Mr. Hamerton appeared for James Johnson, the defendant, and pleaded guilty. Defendant was fined £1 7s. Lamp Out. — John Uncles was fined 17s. for not keeping his hotel lamp alight during one night last week. Bush Fire Case. — Sinclair v. Taylor. Mr. Halse for plaintiff Mr. Richmond for def endant. This was an action for damages alleged to have been occasioned by defendant lighting his felled bush with the wind blowing directly on plaintiff's property. The evidence adduced in the case was conflicting. The Court, in giving judgment, said that it was for the interests of the community that the country should be bleared of the surplus bush, an operation that must be attended with some danger to neighbouring proprietors, as the driest weather was necessarily selected for the purpose, and that therefore cu'pable negligence on the part of defendant stiould be very clearly proved by the plaintiff to enable the latter to obtain a verdict. The Court found .that the defendant was not guilty of culpable negligence in setting fire to his fallen bush at the time, and under the circumstances which it was'liglited, arid gave judgment for the defendant, with costs. Flag Case. — Thomas Good v. Penningtou & Baker. Mr. liaise for plaintiff ; Mr. Hamerton for defendant. The claim was for a flag which had been subscribed for by the late , native contingent at Urenui, of which the plaintiff was captain. John Wilkinson, who had no claim to the flag whatever, had nia'le a present of it to the defendants, who refuse. l to give it up to the plaintiff, who claimed to be entitled to the possession and care of the flag. The flag was ordered to be given up, and defendants to pay costs £2 13s. Plea of Bankruptcy. — L. K. Vail v. T. t\ Morley. Defendant, by Mr. Halse, pleaded an order of discharge in bankruptcy, which was produced. Judgment for defendant. Mr. Halse declined to ask for costs as the plaintiff had lost enough already, and would not have brought the action if he had bscn made acquainted with the bankruptcy. Pig Case. — Colesby r. Seamark. Mr. Hamerton for plaintiff ; Mr. Samuels for defendant ■ Plaintiff alleged that defendant had, agreed to pay ss. each time any one o£ 'luVpigs trespassed upon the plaintiff's farm, and claimed £ 18.* 10s'. '! Defendant alleged that he and plaintiff had agreed, as there was not a proper" fence between them, not to charge for mutual trespasses. The Court considered the latter fact proved, and that the plaintiff must be mistaken as to the agreement which he alleged defendant to have made, as no man in his senses, taking into consideration the evidence adduced to the Court, would make such a foolish arrangement. Judgment for defendant with costs. • ( Action -for Work and Labour. — Breidecker c. Murphy. Mr. Hamerton for plaintiff. Claim £4 lls. GJ. Judgment for plaintiff £3 14s. Gd., with costs, £2 13s.