RESIDENT MAGISTRATE'S COURT, CLYDE.

Dunstan Times, Issue 850, 2 August 1878, Page 2

RESIDENT MAGISTRATE'S COURT, CLYDE.

—o— TiiuusriAY, Auousr 1,1873. (Before W. L. Simpson, Esq., R.M.) Vincent County Council v J. F. Hitching.—Claim for rates. This was a re-bear-ing granted on the affidavit of defendant. When the case was called on the Clerk of the Court produced a telegram from defendant asking for an adjournment of the case for a fortnight, but without stating any reasons.

Mr F. .T. Wilson, who appeared for tho Vincent County, said ho must oppose tho application, ns be had his witnesses in attendance, and everything else to so on with the case. He sai lit would ho remembered by the Bench that the defendant on the Inst day tho case came on for hearing, and at tho very last moment, made a similar application which was granted, and as it was apparently a practice of Mr Kitching'g to apply for adjournment by telegram be would oppose it. If it were again granted there was no telling how often it would be ic-

peated. The Bench said, as there were no reasons gia'en for the application he must decline to grant it.

The case was then proceeded with, and the points raised in tho affidavit of defendant wore gone into. The first point raised jurisdiction was overruled, Mr Wilson, through the Government Gazette, proving the boundaries of the Goldfields ; and through tho District Surveyor, that the Moa Flat Station, the propei ty of defendant, was within the Goldfields. The second point raised - That the property for which the rates were claimed was not tho property of defendant—was then argued. It was admitted that there had been .a mistake in tho description of tho run ; hut it was proved ■by (lie County Clerk and the Valuator that

though there was a mistake in the description of the property it did belong to the defendant ; and Mr Wilson, for plaintiffs contended that defendant was not only liable for the rate, but Was estopped from taking advantage of the error in the description of the property by bis own acts in not appealing against the assessment, or making any appeal for relief foe being placed on the Roll as a voter of the County ; and further contended that defendant had entrapped the plaintiffs into the mistake, and that no wrong would be done him as it Was proved that the land actually assessed 'and rated was the property of defendant, and that he should not be allowed to evade payment because of the mistake. Mr Wilson quoted a number of decisions in support of his contention, after which the Bench decided to reserve judgment for a week. Application by Mr Wilson, on behalf of Mr Nettlefold, for a temporary transfer of his general publican’s and night licenses of the Dunstan Hotel, Clyde, to Mrs Emma George, was granted.