MAGISTERIAL.

Ashburton Guardian, Volume XIV, Issue 3036, 27 July 1893, Page 3

MAGISTERIAL.

ASIIBUXITO^-TIIURSDAY. | (Before Mr C. A. Wray. T?. M.) , Bbkach of Atjctjonekks Act 1891.— David Matton was charged with selling by auctiou after three a.m. on Saturday la»t «t the pou try show. Mr David Thomas for whom Mr M«.son had acted, mentioned instances where similir pales of birds and odds and endß hud taken pkce and had not been called in question by ihe authorities. Mr Matson nor himself had any idea they were infringing the law. The Magistrate said that no doubt the offence had been coir.mit.ttd iradvettently and he would irflict a. nominal tine of Is and co?te. Civil Cases.—John Henry v Michael I Scanlen, £9 10a, balance account for board and damaged furniture. Mr Cd'p for plaintiff, Mr Cuthbertaon for defendant. The Magistrate said both parties were so mixed about the matter it was diffi ulc to arrive at a conclusion, and adjourned the matter for a week for the parties fco arrive at a settlement.—John Humphreys v Wilding and Lewis, £8 15* overpaid interest on mortgage Mr Cutbbertson for plaintiff. John Humphreys, the plaintiff, said that it had been agreed that if he wu called upon to pay £50 of overdue principal within twelve months of the due date the sum of £8 15s of interest was to be refunded. Cross-examined by Mr Wilding. Did not promise to pay the £50 out of the first year's crop. Paid the LSO witbin 12 months. The order produced to Mr Ret tell to pay Wilding and Lewis out of the crop was signed by witness. Mr Wilding gave evidence as to defendant's failure to pay the principal, as agreed, out of the crop, iv consideration of getting an extension of time. He had handed over the land to a Mr Gray, and put it out of his own power to deal with the crop, Witness had then sued for the mortgage money on behalf of his pi incipal. He had only received £9 odd out of the crop. Plaintiff was non-suited. Assault.—Thomaß Johnstone v. William Stubbs. —Mr Cuthbertson for plaintiff, Mr Wilding for defendant. This was a Hakaia case. Complainant said that when fetching sheep off tcme unfenced land he was chased by defendant witq along handled shovel, and his wife with a carving fork. Witness stated that defendant had attempted to stiike him with the shovel. The occurrence took place on Bealep's ground and there had been a disagreement with defendant before about somesheep worrying. Mrs Johnstone made several tushes at witness, threatening to rip the fork into him. In cross-examination witness said he had been in gaol for assaulting the police and a station master at different times. He had taken his sheep across defendants land continually ; defendants, section i» unfenced. Sarah Jane Commander, niece of the gatekeeper at Eakaia bridge, ha seen Johnston chasing Stubbs with a shovel. John Comtr ander, who said he was a friend of Stubbs and of all men, did not see anything like an assault. The Magistrate expressed a hope the parties would be hotter friends fn future and dismissed the case.