RESIDENT MAGISTRATES COURT

Inangahua Times, Volume II, Issue II, 4 November 1881, Page 2

RESIDENT MAGISTRATES COURT

Thitbsday, Novembeb 3bd, 1881. (Before W. H. Revell Esq , 8.M.) Maby Ann Bee* v. James Bees. Information for threatening language. Mary Ann Bees, wife of defendant, said (bst he bad used bad language towards her od Saturday night. DefendHnt was bound over, himself in £20, and two sureties of £10 each, to keep the peace for six months. Ovebend v Lynch. This was an action for cutting awar the fence and letting out the cattle of plaintiff from a paddock beneficially held Mislainea^MnSideraulfo "loiszind inconvenience. Mr Jones appeared for plaintiff. John Overend— l am a farmer. On the morning of the 19th ultimo, he sow his own cattle secure in the enclosure, but later in the day they had been le f out. On a previous occasion I b«d seen defendant with an axe cut away the fence, sayiog that he had as much right to the paddock as I had. The defendant said that in consequence of the action of the County Council, he would let his own cattle in to ray paddock. After my cows got away, they must hare been driven to Lv neb's ground, from whence he.impounded them. Cross-examined— l am positive I saw you cutting down the fence ; I told you I would impound your cattle if trespassing on my farm. In the morning I saw mr own calves outside of your fence, and you naked me to keep my calves away from your place ; I told you that if my cattle injured yoa, I said I wished you would summon me ; I am in beneficial occupation of the ground, which I claim as my paddock. Fred Bolton and. James Eoss corroborated plaintiff's evidence. Mr Montgoraerie, district surveyor, produced the plan, including the laod applied for by Overend. This closed the case for the plaintiff. The (Jourt held that the defendant had illegally charged 2s 6d poundage for cat* tie belonging to plaintiff, whereas he only could charge 3d per head. On the other band it bad not in the opinion of the Court been clearly proven that the cattle in question had gone direct from Overend's to Lyrieb's ground, as some vacant ground intervened. Judgment for £1 damages, with costs of Court, witnesses, and professional costs. The Court then adjourned.