AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 56, 30 January 1877, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Friday, January 26', 1877.] [Before J. Aylmer, Esq.,R.M.] OKAIN'S ROAD BOARD V. THACKER.

John Thacker was charged by the Okain's Road Board, with unlawfully dragging logs across a public thoroughfare.

Mr. D. Wright, the Secretary, prosecuted and deposed.—l am clerk to the Okain's Koad Board. There was a complaint lodged by John Moore and others against defendants men drawing , logsover a public road, the damage occasioned necessitating the expenditure of money to repair. The Board remonstrated by letter and otherwise with Mr. Thacker, but he paid no attention to the matter. Subsequently I met Mr. Thacker, and he informed me that the 2'oad was on his land, and that he had a perfect right to use it as he thought proper. By defendant.—l do nofknow whether the road is bad or. not at present, not having crossed it. I have heen informed by E. W. Han-is and J. Moore of the state of the rood The latter gentleman has written a letter to the Board on the subject. Defendant said that 1,000 such letters could be got, as every man Jack in the Bay were in the employ of the Road Board. Witness. —The reason complaint wasnot laid earlier was owing to the holidays. I am not aware that you instructed your men to repair the damage. By the Bench.—l did not see defendant personally drawing logs. The defendant contended that the road was his property. The Bench said that it could not go with the question of title. The Boad was in the use of the Board, and defendant must settle the matter with the Board. J. B. Barker, Chairman of the Okain's Bay Koad Board, deposed.—l have had several conversations with defendant about drawing logs across the road. The Board has also written to him,,but he has entirely ignored its notices. It was not the first time that a summons had been issued against defendant for a similar offence, on one occasion, defendant promising not to err again, the summons was withdrawn. However, he still continues to drag his logs, the effect is destroying roads newly made out of funds from special grants. By defendant.—l cannot point out the road on the map produced. Defendant said that it was a very hard case, as the Koad Board were trespassers on his land. Witness, cross examined by defendant. —I do not know whether the road is damaged at present. You did tell me that you instructed men to repair the damage. The road was really in a disgraceful state. I have heard the inhabitants of Okain's Bay say that you patched the road. There is no use of your asking me any more questions, for I, have not seen the road lately. E. W. Harris deposed.—On thq 6th .o£ November last, as I Was proceeding tOj Head of the Bay, I s'aw-G: Mason,'- ahdj another, man in company;witlvMrj Thackeif drawing logs over tli<es (road - in. question.) The road was formed by ; me, and .paid foi{ by the Road Board., >I watched them forj ten minutes. " and • .subsequently made a complaint,to. the Road Board. It was on the main Okain's Road Board, and not defendant's land that, the damage was committed by thi. dragging of the logs. By defendant.—The road is about half a chain. Mr. Townspnd laid out the road, and the'Bayleys benfched it. The reason tile "Board paid nVe for the work was because I complained that you had damaged it. I was merely employed on day wages. I Defendant remarked that lie had paid £20 in rates, which was actually more than the whoJe'Bay put together. John Moore.—l sent a letter to the Board on the 7th November, complaining of the damage done to the road by defendant's men. I did see them actually do the damage, but I am quite certain that i

it was occasioned by the drawing of logs over the road. I have seen defendant on other dates engaged in drawing logs. By defendant.-—I am quite positive your bullocks' did the damage. The sledge would do no harm. Pigs rooting the road would do harm. John Harris.—l am living within two chains of the road alleged to be damaged. The road is not in an unsafe condition. I have seen defendant's men twice repairing damaged portions of the road below my house. I could not say whether the road is formed. It is not levelled, there are stumps growing. Mr. Wright objected to defendant drawing or leading the witness. Defendant deposed.—l admit having drawn logs. I have property on both sides of the main road. I have laid dow.n a tramway, and I have always endeavored to draw the logs over the road causing as little damage as possible. I have given distinct instructions to my men to repair any damage the logs may cause. If lam prohibited from drawing logs across the road, I might as well close up my mill. I pay £20 per year in rates, and the only value I receive in return is the using of the road. If restrained from this privilege, I shall absolutely be wound up in a corner, and it will indeed be very hard if I cannot convey logs to my mill. I contend that the whole case has arisen out of envy, hatred, and malice. The veriest brats of Okains will threaten me with the Eoad Board if I dare speak to them. Others are allowed to do similar work within the district. It is a patent fact that officers of the Board visiting Beecher's Hotel have preferred charges against me in order to have a burst. On more than one occasion pounds have been taken out of the ratepayers' pocket. The Bench.—You must keep these remarks for outside. It is evident that other saw millers have pleasant Road Boards to deal with. Defendant.—They are composed of gentlemen, which the Okain's Board is not. There is not a decent road in the Bay, except those made to pig-styes. My very neighbcurs would deprive me of daylight if they could, and nothing would afford them greater pleasure than see my mill closed up. The only reparation I can make is to repair the damage. If I were to use bullocks and sledges the road would be in a most disgraceful state. The law would then protect me, but because I try to save the road, I am to be prosecuted. There are a parcel of vultures ready to leap upon me, and pimps that ought to know better. The Bench remarked that it had beqn proved that logs had been pulled across the road, and a fine of 10s, with costs of two witnesses, 16s each, would be inflicted. . ' Mr. Baiker applied for expenses as witness, which was disallowed by the Bench. Defendant asked the Bench if it would grant an appeal. The Bench said that there was a great difficulty in defining roads, &c, owing to the wretched state of the survej r s in the district. Defendant had permitted the Road Board to use the road, and to repair the same, and therefore the appeal would be refused. He must take the case to another Court, to prove his title. The Court then adjourned.