RESIDENT MAGISTRATE’S COURT.

Waipawa Mail, Volume IX, Issue 883, 21 January 1886, Page 2

RESIDENT MAGISTRATE’S COURT.

Waifawa, Wednesday, 20th January. (Before Capt. Preece, R.M .) IRVINE V. FRASER. Judgment summons. Mr Gothard for plaintiff. Was adjourned till next Courtday, as plaintiff was unable to attend. lIARWOOD Y. PAUL ROPIIIA. Adjourned till next Court-day. LEACH V. lIORI NIA NIA. Claim, £IOO. Mr Loughnan for plaintiff ; accepted a nonsuit with solicitor’s fee, £4 4s ; aud witnesses’ expenses, ss. FLEMMING V. EBBKTT. Claim, £5 12s 6d. Mr Loughnan for plaintiff ; appllied for adjournment until next Court-day. DOWN V. MONK. Claim, £4 3s, for impounding fees paid under protest; and there was also crossaction Monk v. Down for £G, actual damage to a crop of oats. Mr Gothnrd for defendant, and Mr Loughnan for plaintiff. Isaac Down stated that his horses were trespassing on Monk’s land, on January Ist ; they were on his land at 5 p.m., and the next morning at 0 ; he saw them driven to the pound by Monk’s son. Witness requested to get possession of his horses so as to save extra expenses, but young Monk wanted £1 a head for damage to oats ; while talking, his horse* went into witness’ paddock ; the horses were there for a quarter of an hour, an • young Monk demanded the money. He went and saw Mr Monk, seer., who agreed that witness could pay when it was convenient. On the 13th, at 10 p.m., the horses were in his paddock. He was informed the next morning that they were in the pound with £4 10s damages, in eluding fees. He paid the money under protest. He then saw young Monk, who made witness understand that the former damage of £2 was included in the amount now claimed.

Alex. Stevens, poundkeeper. produced his pound book.

George Hastie stated that lie stopped with Down, and heard the horses about the paddock about daylight on the morning they were impounded. Donald Sutherland gave evidence, showing that it was possible to erect a fence along the river frontage where the paddock of oats is, but a flood would likely take it away. George Mclntosh gave similar evidence, and estimated the value of the crop at 25s an acre. Mr Gothard maintained that according to the Impounding Act his client was entitled to damages, although the paddock was not fenced on the river side. Win. ?*lonck gave evidence as to the damage done to a field of oats by Down’s horses on the second occasion. He also stated that if he fenced on the river side the fence would be taken away the first flood. He valued the crop at £3 an acre. There wore about 25 acres of it. David Monck gave evidence that he had driven the horses to the pound. Ilis Worship gave judgment for plaintiff for £2 2s in the first case, with live witnesses expenses at 10s 4d (£2 11s 8d). costs 12s; and solicitor’s fee £1 Is. In the cross action, judgment for defendant without costs. BIRD V. PEEBLES. Claim £ls. Mr Gothard for plaintiff. Judgment for amount claimed, with costs £2 3s ; witness’ expenses 10s, and solicitor’s fee £1 Is. LARCENY. Timothy Ilearn was charged, on the information of Detective Grace, with stealing from the dwelling-house of Alex. Robertson, on the day of the fire at Waipawa, a waterproof and a pair of gloves. Inspector BulJen prosecuted, and the prisoner pleaded guilty. Timothy Hearn was further charged with tho larceny of four dozen teunis balls, two sponges, 11 mouth organs and one hairbrush, valued at £5, the property of T. F. Moore, during the recent fire at Waipawa. T. F. Moore, chemist, identified the tennis balls, some of the mouth organs and the sponges as his property. He had never disposed of them to anybody. The prisoner desired to be dealt with summarily and, pleaded guilty. His Worship commented severely on prisoner’s conduct, who, under the pretence of saving goods during the fire, had converted some of these for his own use. The prisoner was sentenced on the first charge to three months imprisonment with hard labor, and on the second to a similar kind of imprisonment for six months, the last senteucc to commence at the expiration of the former term. BALES. V. NOPLOP. Claim £4 8 Gd. Mr Loughnan for plaintiff. L>efendant did not appear, but acknowledged indebtedness through a letter. Judgment for amount with costs. His Worship announced that his decision in the case Michaelsen v. Evening News, would be postponed until yesterday fortnight. The Court then adjourned.