AKAROA RESIDENT MAGISTRATES COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 484, 4 March 1881, Page 2

AKAROA RESIDENT MAGISTRATES COURT.

Tuesday. Mar. 1, 1881. Before Justin Aylmeb, Esq., R M. assault. Thomas Lambert was charged with assaulting Joseph Freytue at Pigeon Bay. Mr Chae. M. Henning appeared for the complainant. Complainant deposed that he was in charge of Mr Innes' place. On Monday, Feb. 21, defendant came to him, and, after somo conversation, knocked him dewn with a stick and kicked him. fßy defendant—Did not threaten you ith a stick. Did tell you to clear out. Complainant's evidence was corroborated by a boy who was present at the time, and ft mate of his own, to whem he had stated that ho had given complainant "a good hammering." A medical certificate was put in, showing that complainant had sustained a very severe beating. Fined 20s and costs (the costs amounted to £4 9s) ; in default, one month'e imprisonment. CIVIL CASEB. Okain'e Distriot Road Board v. J. Smith. —Claim, £10 11s 3d, for rates. Mr Smith did not appear, but Bent a telegram asking for an adjournment for a week, as he had to appear in Chrietchurch on the following day. Mr Wright objected to the adjournment but the Bench granted it at defendant's

expense

Same v. J. Knight.—Claim, £4 10s.— Judgment by default for amount claimed with costs.

Same v. J. G. Thacker.—Claim, £15.~ Judgment by default for amount claimed with costs.

Same v. J. Dalglish.—Claim, £9 15e. Mr Henning appeared for de£endant,who pleaded not indebted. Mr D. Wright conducted the case for the Board, and produced the Valuation Roll signed by the judge of the Assessment Court, and the Eate Roll, on which defendant's name appeared as liable for the amount claimed. Mr Wright also stated that defendant had offered to pi»y I hia rates in labor, provided ho were allowed to expend it on a certain road. This offer the Board had declined. By Mr Henning—.Was collector of rfltes for the Okain'e District Road Board. Produced the minutes of a meeting held on Jan. 29, 1881, authorising him to proceed against rertain ratepayers for rates due. Had not entered into any bond for the due performance of his dutie.i. Produced the Rate Book. Called this the Rnte Book or Rate Roll. Mr Henning contended that a rate which does not by its heading or otherwise show upon its fneo for what purpose and by what authority it is mnde m raid. The Rate Book consisted of loose sheets which had been tampered with, the forms provided in "The Rnting Act, 1876," being totally ignored ; and, in short, there was no Rate Book in existence. Mr J. B. Bsrkor. called for plaintiff*, corroborated Mr Wright's statement as to defendant having offered to pay his rates by labor expended on a certain road. Defendant, being eworn, stated that he had seen the roll several times. It had been tampered with. The name of Thos. Oldridge had been attached to it since Jan. 7.

I In giving judgment His Worship eaid that no doubt there had been a certain amount of irregularity on the part of the Board. At the same time every allowance mußt be made for bodies in remote and scattered districts such aa Ofcam'e. Defendant had appeared before the Aβsesßment Court and had then appeared satisfied with the rate. It further appeared that he would have paid his rates provided the Board would spend them in a certain locality. The local body must be the bes judgee of where the rates should be spent Judgment would be for plaintiffs with costs. The Court then adjourned.