R.M. COURT, AKAROA.

Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 420, 30 July 1880, Page 2

R.M. COURT, AKAROA.

Tuesday, July 2Tra,,.XQBO. J

(tSEF(SRH f JUfTIN IIA-YLJiER, E&Q.j AND HIS ■* '■' '\V6rshipthsMayor)".' ' j ■'■,' cattle tkkspas3. H. H. Fenton was charged with allowing one horse to wander at large on July, I§. —Fined 5s and coste. James Hartley was charged with allowing two horses to wander at large on July 15.—Fined 5s and costs. Antonio Rodrigues was charged with allowing one horse to wander at large on July 15.—Fined 5s and costs. G.'Breitmyor was charged with allowing one cow toAvander at large bn July 22.— Fined 5e and costs. . BURNING "LAWYERS." . ( John O'Brien was charged with burning rubbish in contravention to tho Borough Bye-laws. Defendant admitted the charge, stating that he was only burning a few " lawyers, ,, and did not know he was doing any harm. He had, like the Irishman, done the deed first, and asked for leave afterwards.— Dismissed with a caution. THUEATENING LANGUAGE. John Murphy was charged with making use of threatening' language on July 3. * Defendant-stated,that he did not know whether he had (/r not; at any rate, ho had not meant, any harm ; he had been in to town, and had had a glass of boor.

Richard Spun , , on being called, stated that on tins day in question he was returning to Robinson's ]si'y from Akaroa, and whe-n on the Gcrasan Bay Hill he observed

a man and a horse. The man was standing in front of the animal, examining its feel* Witness asked whether he could be of any assistance, and in reply had been asked where he was going to, and what was,his business. Witness replied that that was his buflineHs, and the accused had then ordered him " to stand," and demanded whether ho was the Presbyterian minister. On being answered in the negative, he,had been permitted to pW ok. \ '\j : In reply to^rgeW'Willis,; witness said he could JnotJ 'recognise Jthe accused, nor could he say whether he was the man who had stuck him up or not. All he knew was that ho had been informed that the name of the man was John Murphy. He could not positively swear whether the *order M to stand *' had been-addressed to himself or to accused's horse. He saw accused put his. hand into his breast pocket, but could not say whether it wm with the intection of pulling out a pistol* or'anything else. t ' r . ~' ■ !Mr Barwick Was .callod, , arid fet'atelihat he had passed along the same road ; he saw the accuse 1 *6n J the road, apparently unable to mount his horse ; he had had Iα ' " glass of ale," Hβ appeared to be' looking for something. , Defendant said he was Very sorry. s Hβ had been and had taken more beer than was good for him. The quantity had not been much, but he had been without beer for a long time. . ». ' • Sergeant Willie stated that he was aware that the accused was very drunk on the da} in question, but he knew him to be generally a most temperate, industrious man. The' Bench thought the whole case was simply a cook-and-bull story, and considered that Mr Spun , —had he really deemed it anything very, senous-r-should h,av« complained to the police,and not gone rushing into print. The case Was dismissed. J : His Worship the Mayor here left the Bench*''-' ; ■'■' "■'*'• <*' ''■'_'■ V , '' ■-* !:i: ' v ' Civil CaSSs. *'' '* : ' ''-■''' " • J. F. Eoberts v Mayor and Councillore of the' Borough of, Akaroa.-~Claim, £30 3b.

Mr Nalder appeared for the defehdtnti Eia Worship, stated that £13 10s had been paid into Court. Mr Roberts declined to accept thai amount. He said he had been appointed Town Clerk and Collector to the Borough Council in the time of the late H. Watkina , Mayoralty, with the understanding that any extra work he performed as engineer he was to be paid extra for.' Hβ had sent his account into the Borough Council, as had hete'li Requested by .that'body,; that hie charges had been if air and legitimatii; and that he had since had them taxed by a professional man. ! He produced a letter written; by the/'Jate R..M, Barry daring Ac time of hin Clorkwhip to the Onuncii, in which he hkd been-'dietinctlyaefted to furf nixli }iia account : for his engineen'ngf services. i To Mr Nalder—l wm •hott£nine rabnthl Clerk, and during that .time. I had, two other clerks assisting me occasionally iii my duties. I never stated to any of the Councillors that Pw-wJd leave my charges for my extra services an engineer to be decided upon by them. , •, . •, ,

MrNalder contended that the engagement made between plaintiff and the Borough Council had b*en to pay him £100 a-year for hie services as Town Clerk, Bate Collector and Engineer. Pie called several witnesses, who all gave evidence to that effect, although they stated that the Council intended to make Mr Roberts • gratuity for his extra serrices, they further stated that,in accordance with clause 103 of the Municipal Corporations Act, 1876, they could not pay for extra work performed by the Town Clerk, although the Council might vote a gratuity; they had voted one for the sum of £13 10s; the meaning of the letter produced, signed R. M. Barry, was that the money had been passed, and should have been paid some time previously but that through some neglect on the part of the Cle*k it had been overlooked ; he had coneeqnently on hie (the Clerk's) own account written that let't&r without the sanction of the Council.

His Worship stated that in the letter he had before him, which was Mr Robertsi application for the post of Town Clerk, he had distinctly iqffered ; ;his| services to the Council as Town Clerk, Bate Collector,and to perform the , engineering,; and that he would leave it to the Council to decide whatjiemuneration they/would'gty* fpr the latter duties, consequently he was not entitled to any more than that body thought fit to give. He would give judgment for plaintiff for the amount* paid into Court, the plaintiff to pay'costs, including the fee of solicitor. ■ ■ ' > , Akaroa and Wainui Road Board vGr Breituiej-er.—Claim, -£2 163 3d. Mr Barj wick appeared for the Boad Board/ :, I

Defendant stated that he had paid the rate, but apparently there was some doubt for what year, and as Mr Barwick hid/not brought his'books , into. Court," the case*waa adjourned for seven days to'allow 'of 1 the necessary evidence being produced. j