TARADALE RIVER CONSERVANCY.

Daily Telegraph (Napier), Issue 3002, 8 February 1881, Page 3

TARADALE RIVER CONSERVANCY.

Appeals tinder the Hawke's Bay

Rivers Act

The Resident Magistrate sat this morning to bear appeals against tbe classification of lands in the Taradale River District. There were three cases set down for hearing, in which Messrs Frame, Burton, and Martin, were the appellants. Mr Cornford appeared for all three appellants, and took objection that this was no sitting of the Court, Under tbe 32nd section of the Hawke's Bay Rivers Act it was provided that certain notice should be given of the sitting of the Court to hear appeals. In this case due notice had not been given. Tbe sitting of tbe Court had been fixed for the Ist of February, The date had afterwards been altered to the Bth by a notice signed by the secretary to the Board of Conservators. That was no adjournment ot the Court. The Court did not sit on the Ist, consequently there could be no adjournment. If the Court bad sat on the Ist, even in the absence of the Resident Magistrate, the clerk could have adjourned tbe Court till the Bth, but no such adiournment had taken place. Mr Sainsbury, who appeared for the Board, submitted that this was not the ? roper time to raise such an objection. t this was no Court, bis learned friend had no locus standi. When an attempt was made to recover tbe rates would be the lime to raise this objection. The alteration was made to suit the convenience of the magistrate

His Worship said he bad no recollection of fixing tbe date for the sitting. He had telegraphed to the clerk asking him to arrange with Mr Sainsbury for an alteration of the sitting. Mr Cornford said his clients were the parties who should have been consulted in aay such arrangement, or tbe Court Bhould have been duly adjourned. His Worship said this was the first time he had been so treated by counsel. The objection was quite legal, but it was frivilous, and ought to have been waived, seeing that it bad arisen entirely from an oversight of bis. He Bhould look upon it as a piece of great discourtesy to himself if the obiection were pressed. Mr Cornford said Hia Worahip could

not think for one moment that any discourtesy was intended io himself. He was in the hands of his clients, and If His Worship would allow him ten minutes to consult them he would see if they chose to waive their legal right. He certainly had no objection. After a consultation among the parties concerned, Mr Cornford came into Court and said that it bad resulted in the Board agreeing to reduce the valuation in accordance with the appeal of bis clients. The firßt-class land which had been assessed at 5* would be reduced to 2s 6d, and the second-class land which had been assessed at 23 61 would be reductd to Is 34. Tbe valuation list was altered and signed in accordance with thisagreement. It was understood that if any of the appellants were sued for rates no objections would be raised to this sitting of the Court.

The Court then rose.