TAURANGA R.M. COURT.

Bay of Plenty Times, Volume II, Issue 187, 20 June 1874, Page 3

TAURANGA R.M. COURT.

Wednesday, June 17. (Before Major Roberts, R.M., and Captain Tovey, J.P.) Civil Side. SANDERS T. SAMUELS AND GBEX.

Judgment was given in this case as follows; 44 The Court is of opinion that had there been evidence that the defendants (contractors) owed Mitchell and Stewart (sub-contraetors) an amount equal to the sum claimed, then, under section 13 of the Contractors’ Debts Act, 1871, the defendants •would have been liable 1 but there is no such evidence. To give the plaintiff the benefit of this section he ought to have laid before the Court clear evidence of the defendants’ indebtedness to over £5 11s to the sub-contractors ; but not having done this, the benefit of that Act has gone, and he mast prove an employment either expressed or implied sanctioned by the defendants, which the Court thinks the plaintiff failed to do. Judgment must pass for the defendants with costs—£3 135.” (Before Major Roberts, R.M.) ABUSIVE LANGUAGEMrs W. Jones was charged on the information of Sergeant Naden that she did, on the 9th instant, make use of abusive and insulting language on Beach-street, Tauranga, towards Captain Thomas Tunks, of Tauranga, contrary to the form of the statute in such cases made and provided. Mrs Jones ; I have nothing to say ; he abased me first. ”

T. J. Hensbaw, auctioneer and accountant, deposed : I remember the 9th instant; saw the defendant on that day in my auction mart; Mr Mitchell and Captain Tunks were also present ; defendant spoke at Captain Tunks ; she said that she was a lady and that Captain Tunks was no gentleman ; she also said that she ought to be a member of the Highway Board ; I was very busy at the time and do not remember all she said ; if such language had been addressed to me I should have considered myself insulted ; I consider defendant’s language towards Captain Tunks was insulting and abusive ; Captain Tanks did not provoke or use any offensive language whatever to Mrs Jones.

Captain Tanks : I remember the 9th instant; I was in the Road Board office attached to Mr flenehaw’s store; saw defendant there; Mrs Jones followed mo into the store and abused me ; she said I was a bad man, bad no business to impound her cow, was no man, no gentleman ; her manner and language all through was most insulting ; I offered no provocation to her —never spoke a sentence to her on that day. By the Court ; The store in question is a public place on the Beach Road. Mrs Jones, in defence, said ; “ I did not follow him in—l went into the shop for provisions ; I have nothing more to say.” Sergeant Naden had no desire to press the case. Captain Tanks also did not wish to press the matter; he only wished to prevent a repetition of the offence.

The Court under the circumstances inflicted a nominal fine of Is and costs, or 12 hours’ imprisonment.

AEIiEO El> MALICIOUS INJURY TO PHOPBKTY. The same defendant was then charged that she did, on the eighth Instant, unlawfully and maliciously cut down, break, or throw down a fence, the property of Captain Tunks, contrary to the form of the statute in such cases made and provided, Mrs Jones : “ Weell, the coo was pounded ; the place was only tied up j I knocked the fence down ; that’s all.” Captain Tunks deposed : I remember the Stb instant ; saw defendant on the morning of that day at the comer of Elizabeth street; she wag there with an axo in her band breaking down a fence—erected across Elizabeth street from the corner of my property to Mr Sheath’s ; the fence was erected by Mr Sheath and mvself; I received authority from the Town Board j I produce minute book of the Board, which contains my authority to erect the fence in question ; a slip panel was left for the convenience of the public; the road leads only to Mr Sheath’s and my property, and is not publicly used; our object in erecting the fence was to protect some trees from wander mg cattle ; the trees are planted on a public road ; I consider damage to the amount of 30a or 40s was done, but all I require is that the fence be re-piaced .

Mrs Jones (reproachfully) ; Will you allow me to say a few words just now ? His Worship : X will hear you at the proper time.

Captain Tanks : I consider the damage done to my portion of the fence would be about £l. By the Court: I put no notice over the panel. Mrs Jones, in defence, said : “When this coo got up at the end of the beach he put it ia the pound ; I said, ‘ Mr Tanks, what is the dam? -e done by the coo?’ and said it not right to put in my coo and n the doctor’s as well ;he said, ‘there are no damages, you are an old blather. ’ Any cooz can get up from the me first ; he did a very malicious act in pounding my coo ; the Board have no right to allow the place to be f need in ; ha aggravated and insulted Bo©, and I Jcjfc took an a 3:O and knocked down the fence, that’s what I did ; that’s all I have to say. This concluded the evidence. His Worship reserved judgment until noon the following day. (Before E. M. Edgcumbe, Esq., J.P., and Captain Tovey. J.P.) TAUBANGA TOWN BOARD V. HOPKINS CXASKE. AN IMPOST ANT QUESTION.

Claim £5 15s, for rates levied and alleged to be due upon a certain building in occupation of the defendant, at Tauranga.

Mr Hopkins Clarke ; “ X plead exemption.” 1. J. ttenshaw, who, as secretary, con* ducted the case for the Board, d'eposed : I rendered Mr Clarke an account of £5 15a for rates and arrears of rates duo upon the house occupied by him at Te Papa ; be refused 1 the matter to the members of the Town Board at the nest meeting, and was then mstructrd to sue Mr Hopkins Clarke for the recovery of such rates, on the grounds that he had not appealed on the proper day of appeal, and there being nothing contained in the Highways Act exempting him from paying rates j 1, therefore, bring this action to recover the amount due to the Board.

By defendant ; I am not aware whether you have ever paid rates for the Government house in your charge ; I ao not know whether you wrote to the Board on October 27th, 1873, objecting to paying the rates ; I sue you because you did not appeal last appeal day. Captain Tunks, chairman of the Town Board deposed ; The Board authorised the secretary to proceed against Mr Clarke for the recovery of the rates in question, as he refused to pay ; I do not know on what ground Mr Clarke refuses to pay;

r By Mr Clarke : I believe the bouse belongs to the Government; I have not known that house to be used as a Court house while in your charge ; I am not aware if any portion of the building has been used as a public office while in your occupation ; I have known the building to be used for public purposes by Mr Henry Clarke, Civil Commissioner, during his residence there. Mr Clarke ; If that house was unoccupied who would the Board sue for rates ? Captain Tunks ; 1 do not think X am required to answer that question. I, however, cite from the Act: “If unoccupied, then the owner or mortgagee. ”

Defendant stated : I beg to state that I have refused to pay rates upon this property because it belongs to the General Government; that property is under my care as a servant of the General Government ; some time in October, 1873, I received a letter from the Tauranga Town Board requesting mo to pay rates upon this property; I, by letter in reply, objected to pay rates, the house being Government property ; I produce copy of that letter j I can produce witnesses to prove that the building in which I reside is used for public purposes in more ways than oca ; I shall be able to produce witnesses to prove that since I have been residing in that house it has been used as a Court bouse, and also as a Government store ; it has been used also as a registration office—and really, if I thought it worth while, I could produce a witness to prove that I have married people there ; at the present moment there are public documents stored away in that house ; I shall call Mr Norris, a member of the Town Board, as a witness, notwithstanding a letter that appeared in the Bax of Plenty Times staling that Mr Norris is a relation of mine—l believe Mr Norris will do his duty as a citizen.

By Mr Henshaw : The premises have been used by beads of departments as a public office ; I have never asked for instructions from the Government to use the building as a public office, and have never received any to that effect; a certain room in that house has been set apart as a public office by the Civil Commissioner ; I did not appeal upon the day of appeal because I had nothing to appeal against either on the ground of unfairness or inaccuracy in the rating. By the Court: I am often interviewed by the public at the house referred to, and it is often used by other public officers in a particular room known as “ the office ” two rooms I might say ;

there was one room used as a Court house, with a bar across for keeping the public from the bench ; that bar is still in existence.

Mr It, G. Norris, member of the Town Board, stated ; 1 don’t remember any Court eases being heard on your premises since the present Court house was used for such purposes ; I have some sort of faint recollection of a native assault case about the time of the visit, to Tauranga of the louse of Edinburgh, but X do not remember where the case was heard ; I know that a portion of the building was some years ago used as an office ; I do not know if it has been used as an office during the last twelve months ; I have no recollection of the Native Minister holding meetings in that building ;ho possibly may have done so—at any rate I was not present. By Mr Henslmw : I am not aware of any portion of the bouse being used as an office since occupied by Mr Hopkins Clarke ; 1 am not aware of Mr Hopkins Clarke using it for any other parpose but an ordinary dwelling house. John Thomson, assistant clerk in the Civil Commissioner’s Office, Tauranga, being sworn, stated ; 1 remember a case Regina v. Oakley, for stealing ammunition j the prisoner was brought from Maketu, and the charge was heard in the building now occupied by Mr Hopkins Clarke, lauranga ; I don’t remember whether Mr Hopkins Clarke was living in the bouse or not at the time ; Colonel Moule was Resident Magistrate then j 1 think Mr Hopkins Clarke acted as interpreter on t.ie occasion ; I have known of Government flour being stowed away in that building,while the house was under Mr Hopkins Clarke’s care and in his occupation : the flour was stored in that building at the request of the head of the Native Department ; I have seen the XJnder-Seoretary of Native Department use one of the rooms as a public office ; during the to visit of the Under-Secretary of Native Department to Tauranga Mr Roimeneneider occupied a room in Mr Hopkins Clarke’s house as a public office j the public were interviewed In that office.

By Mr Henshaw Ido not know whether there was any other Court house at the time the case of Begma v. Oakley was heard—l think not, consequently all cases were heard during that period in Mr Hopkins Clarke’s house ; I was stationed at Maketu when Oakley’s case was heard, and knew very little about Tauranga ; the house is now occupied for other than public purposes } it is occupied by defendant generally as a private residence j the General Government store is now at the Durham Redoubt; I don’t know where the last Government flour sent to the natives was stored j the only flour I remember being issued was stored in Mr Hopkins Clarke’s house ; business with natives after hours la earned on at times in Mr Hopkins Clarke’s house for the convenience of the Native Department j Maoris go over to Mr Hdpkin’s Clarke’s house as often as they come to the office in the mission building.

By the Court; Maoris often interview Mr Hopkins Clarke at his house on public service after the office is closed ; I should go to Mr Clarke’s on public business after hours to bis house, and to his front door.

Captain Turner, District Engineer, deposed The house occupied by Mr Hopkins Clarke is General Government property; I have known; Court cases in bo held there ; I remember a native assault case being heard at the time of the Duke of Edinburgh’s visit here, but I don’t recollect where it was heard ; the Native Lands Court was held about the same time in the present Court house ; I know that a portion of the building now in Mr Clarke’s occupation has been used as a public office ; I remember Mr Bush, clerk to the late Civil Commissioner, occupying two back rooms in that building as a public office ; those rooms were open to the public during regular Government office hours ; it was the Civil Commissioner s office ; within the last twelve months and during the Under-Secretury’s last visit to Tauranga be appeared to do his public business in those rooms ; I interviewed the Under-Secretary there myself on public business; I have frequently seen natives about the premises upon business matters ; I do not remember the Native Minister holding a meeting of the Ngaiterangi tribe in the verandah of the house.

By Mi Henshaw : Mr Hopkins Clarice occupied the present uiiice in the Government buildings at his time of the Native Minister’s visit ; the house occupied by Mr Hopkins Clarke ia used as bis private residence to the best of my belief. By the Court; In the day time I always interview Mr Hopkins Clarke on business at the Government buildings ; it was in December last I interviewed the XJnder-Secretary at Mr Hopkins Clarke’s house ; I have not been to the house on business since ; the house is not used as a public office now to mv knowledge ; there were a great many Government papers in Mr Clarke’s house when X was there last; X believe it!r Hopkins Clarke would have to leave the house, if desired to do so by the Government, at a moment’s notice.

This concluded the evidence. Judgment was reserved until next Wednesday morning, at 10 o’clock.

The Court then adjourned.

Thursday, Juke 18, (Before Major Roberts, R.M.) TXJKKS y. JONES. The case of Captain Tunks against Mrs Jones, for malicious injury to property, was dismissed with costs.