TAURANGA RESIDENT MAGISTRATE'S COURT.

Bay of Plenty Times, Volume II, Issue 153, 21 February 1874, Page 3

TAURANGA RESIDENT MAGISTRATE'S COURT.

Wednesday, Febbdaby 18. (Before Major Roberts, 8.M.) 5,33 rATE APPEAL case. Mr Samuel Clarke applied that the appeal case Clarke v laurauga District Board should be reheard, Mr Clarke said he did so entirely upon public grounds. Ho was misled about the time last Court day. His Worship granted a re-hearing, and appointed Friday nest, at 10 o’clock a.m. Bemch amUel Clarko hero took seat upon the WANDERING GOATS. George Cummings was charged with having on the 3rd instant permitted a goat to wander in a pubhc_ thoroughfare, contrary to the Auckland Municipal Police Act. • ll i anfc s ?* d h ® thought a goat had as much ngnt to be at large as cows, horses, &c. *.ergoant Naden said he had received instructions from the chairman of the Town Board to prosecute in such cases ; on the 3rd instant he saw a goat belonging to defendant wandering in a public thoroughfare 4 in cases where the owners of pigs and goats are unknown, he had received instructions to destroy the animals ; he cautioned defendant some months ago about the same goat ; had received no orders to take proceedings against cows, &c., because they were not destructive.

By defendant: There is a public pound hero; I will swear to the best of my belief the goat is your property ; I am not in the habit of impounding goats.

Defendant said he thought it was a very hard case that a man could not keep a goat when a number of larger beasts were continually galloping about the public roads. His goat did no damage. James buns was charged with a similar offence upon the same date.

In reply to the charge defendant said that since he had received notice he had kept tho goat constantly on the tether. B

Sergeant Naden submitted that all goats should be tied to a stick and not “ hobbled ” only.

The Bench thought that goats were a great nuisance when wandering at large. The Court had power to fine £lO. In these cases Cummings was ordered to pay a fine of 5s and costs, and buns Is and costs. ALLEGED AB3ADLT —HAIG V, CHADWICK. Dr Armitage handed in a certificate to the effect that Mr Chadwick was too unwell to attend, and the case was therefore adjourned until next Court day (Vv ednesday week).

_ _ GOAT STEALING. Rewiri Marsh, an aboriginal native, was charged y Mr Fairfax Johnson with feloniously stealing two goats and two kids, value £4, the property of prosecutor. 7

Fairfax Johnaon deposed : I am a settlor residing at the Wairoa ; on the 12th of last November 1 came into T© Papa, when I heard that Rewiri brought in two of my she-goats, and had offered them for sale to Mr Thomas Wriglev • subsequently I saw Mr Wrigley, and cautioned him not to buy them, as thev were stolen property ; about 2 o’clock the same day I saw Kewiri Marsh I asked him who gave him authority to bring those goats in for sale ; he said nobody ; I told him to take the goats back again, as they were my property ; he never returned the goats j; about a week before Christmas I came into Te Papa, and found that the goats had been s’ ot.

By prisoner : You did speak to me on the day I came in ; you told me that you had brought in the goats to Mr Wrigley ; you did not tell me that day that your reason for not returning the goats ■was that you were not paid for bringing them in ; I do not know anything about such conversation.

Thomas Wrigley deposed: Some four weeks ago I asked this native (Rewiri Maihi) if he bad runn i n g at the Wairoa I told him !?» I' -I u Wf l B wa . ntir) g ono or two in milk, and that it be brought one or two I might buy them • a few days after this he brought two to my place • on seeing them I demurred buying them, on account of their appearance ; they were small; they were then tied up in a vacant allotment in rear of my premises ; later on in the day I met Mr Johnson on the hill here ; ho asked me if a t!a - t i T l^ d » ro, i ghfc two £° atß to mo for sale ; I said, xes ;he (Mr Johnson) advised me not to purchase them because they belonged to him ; after that I saw Rewiri Maihi, atid told him that Mr Johnson had told me not to buy the goats, because they belonged to him ; the goats were left tied m the same place for a day or two after this, when I untied them and turned them adrift : the goats were .or Captain Mair and not for my child ; i ottered to pay for the goats, but not for bringing them.

By the Court: Under ordinary circumstances they might have been worth twenty shillings each ; 1 do not know what became of the goats. Prisoner made the following statement; "I have seen the goats at Bethelem for two years ; 1 did not molest them daring that time ; I then came to the township to Mr Wrigley’s ; Mr Wngley told me to bring the goats from Betbolem, and said he would give mo seven shillings for bringing them ; I sa id I would ; I then told my mates j I told my mates that I had something to do, that I was to catch the goats at the Wairoa, for which 1 was to receive seven shillings ; I did not know to whom the goats belonged, I believed them to have been Mr Wngley s j I caught them and brought them here on the election day ; I met Mr Wrigley and told him that I had brought the goats in, and wanted to be paid for doing so ; Mr Wrigley then told me to wait until the overling; Johnson had not spoken to Mr Wrigley at that time ; I then met a boy who was residing with Johnson, and ha told me that the goats belonged to him; after hearing this I told Johnson that his goats were at Wngley’s; Johnson told me to return the goats j 1 said X would not unless I was paid for my trouble ; I then went to Wrigley’s and asked him * or bringing in the goats ; I also asked Mr Wrigley to pay me for my rope; I then returned home.

The Court after a long consultation dismissed the case, the ownership of the goats not having been proved to the satisfaction of the Bench.

~ transfer op license. he license of the Masonic Hotel was transferred from R. McDonald to J. Campny. -1 MUFFS and Jacoissohn v, Petke Quant.— was a mere question of account, and of interest omy to the parties concerned.—Plaintiff nonsuited.

Wkiqley v. T. Bennett.—Claim £l2 18s, for goods sold and delivered.—No appearance of defendant.—Judgment by default for full amount and coats.

Maxwell v. Mitchkll.— Claim £4 12s 9d, aainnoo of account.—Judgment for plaintiff, ihe Court then adjourned.

YE-’-TEBDAT. (Before Major Roberts, R.M.) APPEAL CASE. —S. L. CLARKE V, COUNTRY , BOABD. . lhi ® , waß an appeal against rates. Tho following evidence was adduced ; Mr S. L. Clarke, being sworn, deposed 1 appeal against the rate levied ou lots 92, 95,98, 94, 118 conta ining 930 acres; this land is rated at 3d per acre ; my object is to prove that the land is not worth rating at 3d per acre; I will afterwards call upou Captain Tovey, ns chairman of the annual meeting of ratepayers, to answer some questions.

Captain Timka stated ; I have 300 acres of land near Colonel Harington’s and 120 acres at To Huuga-, I was rated at either 2d or 3d for To lifioga land, but it was reduced to Id; the 300 acres wore rated at 3d, and were also reduced to la.; this land ia not fenced in nor improved * it is fern land ; I do not think any one would rent such land for one year, therefore I cannot estimate amount of rental value ; I should be very glad at the present time to got a shilling an acre rent for the land ; I think the land wSuld be valueless to any one for one year; I appealed against the 3d rate at the adjourned mooting of the Hoard for hearing appeals; I consider the last rate struck was on the annual value to let; there 19 n ® * er . n tand in Taurauga worth 5s per acre yearly—m my opinion that is to say. By Captain Tovey : I might take lees than l s per acre rental if I got an offer. By the Court: Ido not know how far my land is from the plaintiff’s ; it may bo more valuable to sell, but if fern laud it would not bo mors valuable to let, 1 should think. Captain Tovey deposed: By clause 3 of the Empowering Act Amendment Act, 1871, it is laid down that all rates to bo hereafter imposed shall be levied either upon the annual value of any land and buildings or upon the value to sell ; at the annual meeting of ratepayers in July last it was proposed that the value to sell rate should bo adopted for the current year ; the motion was lost, consequently it followed as a matter of course that the “ annual value ” became the rate j it was afterwards passed at the same meeting as regards the amount of the rate that the land should bo divided into two—first and second—• classes : first class 3d, second class 2d per acre ; owing to some mistake, X imagine, second-class lands were rated in the assessment roll at Id only instead of 2d ; according to the wording of clause 3 of the Act I quote from, it seem a to be undecided whether the annual value of any land or buildings should be the value to let for one year only or for a term of years ; os regards fern lands, although a person wishing to let or rent the land would not offer above a very small value, it does not therefore follow that the owner would accept such offer ; I bold that if the owner can obtain an offer for a term of years by an annual payment of rent that that would represent the annual value of such land ; the land in question is of higher value in my opinion than Captain Tuuks’s land, upon which the rate was reduced to Id ; Captain lunks s land in some places is very broken, and on that account principally the rate was reduced by the Board ; the Board declined to amend or Riter Mr Clarke’s rate oa the appeal day \ that is all I have to pay. By plaintiff; One reason given for reducing Captain Tunbs’s rate was that his land is very much broken, and not worth so much to let as to be rated at 3d per acre ; that is my reason stated openly at the time ; I cannot say for certain what the reasonofthe ofchermcmbersoftbeßoard’s was ; 1 also gave as a reason that my land, although only rated as second-class land was of higher value than Captain Tunks’s land ; one reason for not reducmg your rate was that your land was higher in value than Captain Tunks’s ; and another reason given was that *' the public would cry out against it ” ; I know that your land is all fern land more or less; there is good feed upon it notwithstanding, cattle run all over it. By the Court : The rate was struck on the 25th July;! hand in report of the Country Board annual meeting, which appeared in the Bat of Pxentt Times.

This concluded the case. His Worship reserved judgment until Wednesday next.