MAGISTERIAL.

Timaru Herald, Volume LI, Issue 4969, 18 October 1890, Page 3

MAGISTERIAL.

TIMABTJ— Fbidat, Ocr. 17nr, 1890. (Before 0. A. Wray, Eiq., 8.M.) pbohibitioh. A prohibition order was granted o gainst an Otaio settler, who expressed a wish for it himtelf, and his friends applied for it. BTOCK AT 14808. Fines were inflicted as follows for allowing stock to be at large on the roads : D. McKenzie one horse at Kensington, broke from tether, 10s ; S3 Wilford, 3 cows, left on road from paddock while wife fetched pail to milk them before yarding them, ss. HALP HOLIDAY IAW. Constable Hallett, inspector, laid an information against J. B. Buckingham for employing a lad on the afternoon of Thursday. He found a boy named Barret at 330 p.m. on a Thnrsday afternoon m the shop softening putty. W. Barrett, aged 15, said he was back that afternoon to clean up the yard, and just before the Inspector came he was called by one of the cabinet makers to soften a bit of putty for him. He did not get a holiday every Thursday afternoon, only every other one. Defendant admitted that the boy was employed, but pleaded that the law was very hard on him if it really applied to his business. His Worship said there was the law, he did not make it, but had to administer it. It wbs quite evident that defendant had been committing breaches of the law, which did apply to his business. — Fined 20s. Sergt-Major Mason said Mr Becxingham had been cautioned before. AXLBCBD ELXEG&ILT IMPOTODIKa. Isaac Hill, Borough poundkeeper, was summoned on the complaint of Patrick Cairns, for illegally impounding five cows, and also with demanding and receiving excessive fees. Mr White appeared for complainant, and Mr A. Ferry for the Borough Council, who had resolved to defend their servant. Mr White stated that on tbe 16th Sept. complainant had ten cows depasturing on private land (Oramond's gully) under charge of his father. The cows were lying down, and complainant's father was sitting down near them. Defendant came, ronsed op tbe oows, took them m charge, and m spite of protests from the man m charge drove them away to the pound, losing fire of them on the way The other five he got to the pound. Before he got there the complainant overtook him and offered to pay whatever was demanded, m order to get them at once. The defendant refused to give them up until he got them to tbe pound. After getting tbe cows to the pound the defeadant released them on pay ment of 10s, 5s for driving and 6s for poundage. Ibis amount was excessive, as the proper charge woa 5s for driving and 6d a head for poundage, 7s 6d altogether. Complainant and his father gave evidence m support ef Mr White's statement, and they were corroborated m one particular, tbe payment of the money, by Martin Whelan. Father and son stated that they had permission from Dr Maolntjre and from Mr Allen to graze their cows there ; numbers of people grazed cows there and had done so for years. The complainant said be did not object to the charge at the time, as he did not know the proper charge then. He was not awaro that the gully belonged to the Bhodes estate, and that Dr Maolntyre or Mr Allen had nothing to do with it. Mr Ferry, for defendant, taid the cows wbioh were impounded were on a road or street nnder the control of the Borough Council, and the poundkeeper was justified m taking them to the ponnd. The defendant stated that ha was appointed on the Bth September. On tbe 15th he saw cattle io Cramond's gaily, and went to consnlt the Town Clerk about it, and m consequence he went there again next day and cautioned a person (not plaintiff) who was grazing cows there. Be inspected tbo map of the borough and found that tho place where the five coirs were on the 18th was Howling street. There were ten oows there, but only five on the street, and he took the five and let the others alone ; they followed bnt he took no notice of them. He had not mnoh experience as a poundkeopor, this was his first experience m fact, and he bod charged 2s 6d too mnoh. Mr White cross-examined at some length, as to whether the cows were really on a street and defendant insisted that they were on a formed piece of it. To His Worship : Complainant did not tender any money on the way to tbo pound, only asked bow muoh the foes would be. Told him there w&s time enough for that s said so because be was not quite certain what the fees were. Was not aware that, he onght to deliver up cattle on the way to the pound if the driving fee was offered. His Worship : Then you did not know muoh about your duties. His Worship read tbo clause requiring this to be dono, and then

I went od to point out that the driving fee had been oioeesive, as well as tho pouuuiDg feiThe Act only allowed Is per mile or part of a mile, for driving any number not exceeding 25, not 1b per head. Mr Perry : My learned, friend made the same mistake, he admitted that 6s for driving was correot. Mr White : But X am not on expert. Mr Perry : Neither was Hill, he had only juet been appointed and made a mistake. _ His Worship : It was " a mistake on the right side." Poundkeepers need to be looked after. If he had given up the cattle as he ought to have done, on the road, the proper charge would have been Is ; if the driving fen was not tendered, then the total proper fee would be 3s 6d. The poundkeeper did not aeem to know anything about his duties. Mr White : And then the ratepayers' money is spent m defending him m this notion. P. Dale, foreman to the Borough Oounoil, Bhowed that the spot pointod out to him by defendant as the place whence he impounded the cows, was Howling* street, a partly formed street m the borough. His Worship said of course people had no business to make themsolrea a nuisance with their cattle, and if tho eowt were on the road, ob seemed likely, the poundkeeper was right m driving them away. It seemed that the person appointed as poundkeeper was totally unStted for his work, or at any rate was grossly ignorant of his duties. Ho did not know that he ought to have given up the oows on the road when tondored the driving fee, and when ho got to the pound, though the fees were, or ought to be, posted up m large figures, he made an overcharge. The public should be protected from such conduot as that ; the Borough Oouncil should soe that the perams they appointed as poundkeepere were acquainted with their duties, so that they should not impose on the public Sometimes cattle wore impounded through acoidont and it was bad enough to have to pay fair charges without being mulcted m improper ones. He was willing to take into account the ignorance of the defendant, and to believe that be had no intention, m making the over charge, to extort money. If he thought that it win a ease of extortion he would impose the bighoat penalty, £50, but he did not think it amounted to that. There was a doubt whether the driving fee was properly tondi-red on the road, and no penalty would be inSicted on that complaint ; but on the other, that of charging an excesaivo fee, bo would impose a penalty of 40s, and costs m both exsea. This would be a warning to the poundkeeper to make himself acquainted with the law under which ho had to work, Mr White asked for professional feo, and this was allowed. ANOTHKB IMPOUKDIKG CASK. Isaoo Hill charged 0. H. Clark with illegally rescuing a horse from the pound on the 3rd inst. Mr A. Perry for complainant. The evidence showed that defendant's horse was out m the street about 6 a.m., and complainant found and impounded him. He was going out oEa ; n ranging, and met defendant, who was seeking his horse ; told him it was m the pound, and that there -was 4s 6d to pay ; that he would be back between 7>30 and 8. When he got back the horse was gone, and he found that it had been got out by undoing back fences, not by breaking locks. A witness, Mrs Collis, was called, wuo saw defendant taking the horse our. Defendant admitted that he took the horse out m the best way he could. He was anxious to get out of town, he had sent a messenger and the money, and the poundkeeper was absent, and then be went down himself and tho man was away, bo he got the horse out. He had no wish to avoid paying the fees, and meeting the poundkeeper m the street paid them. His Worship said it was a very foolish thing for a man to lay himself open to a charge of this kind, but he did not doubt defendant's story, and would only impose the light penalty of 5s and costs. The witness was allowed 5s His Worship said it was not a good arrangement for a man to be both ranger and poundkeeper. A3BAUI.T. Cross actions for assault -were brought by John Simmonds, a farmer at Makikihi, and Arthur Hobbn, a farm labourer m the employment of Wm. Simmonds. Mr White appeared for Bimmonds and Mr 0. Perry for Hobbs. The complaint of Simmonds against Hobbs was first taken, and this complainant's story made the case a queer one. He was carting water and driving cows near a field where Hobbs was at work rolling wheat. Without a word of any kind, without any provocation then or previously, Hobbs left his team, ran after Simmonds, knocked him down by rußh iog at him, then jumped upon his chest and pummelled him about the face, without any known reason, and the complainant did not retaliate " that be was aware of," except by pushing his assailant off. Dr Hogg gars ovidenca of Simmonds' bruises, and the marks of those on the face were still visible. Eobbs told a different tale, and he was corroborated, as to the consequences of the conflict to himself, by his employer, W. Simmonds. It appears from Hobbs' story, the more likely one, that John and William Simmonds are partners m a crop of wheat which is near the former's house, and a week ago the latter sent a team m charge of Hobbs to begin rolling his half. Water was wanted for the team, and to obtain it W. Simmonds and Hobbs went to J. Simnjonds' house during the latter's abeence, and took away a tank on a dray which J. Simmonds had been using for six months for carting water. Bott brothers claimed the tank. They filled the tank and left it m the wheat paddook, and some one let the water out of it. J. Simmonds came to Timaru and got a new tank, and was driving this past the wheat field, when Hobbs happened to be near with his team. Hobbs asked Simmonfa if he had let the water out of the tank, and Simmonds roplyJDg rudely Hobbs suggested kicking. Simmonds had a >ough gorse stick (whioh was produced) m his hand, and called out "come on you ", and Hobbs did come on, to receive a crack on the head and another on the arm and hand before he could close with Bimmonds. Then they had " a bit of Cumberland 1 wrestling," and the youngest man had the best of it and put Simmonds down. Simmonds then tried to bite, and m return Hobbs punched him m the face, and " made him stop it and cool his passion down." When he got up he " took good care " that Simmonds did not got his Btiok again. His Worship said Hobbs' story was the most reasonable, but he refused to convict m either case ; there were faults on both sides, six of one half a dozen of the other. He thought it moit improper that one brother should go and take away the water tank from the other m his absence— (He wonld not have gone, said Mr White, if he had not known his brother was away) — without giving any notioe, and whilst indignant about it John looked upon Hobbs as a party to it, and speaking to him m a not very polite way an altercation followed which produced the atsault. He hoped this tank business would not be beard of any moro.