RESIDENT MAGISTRATE’S COURT, CLYDE.

Dunstan Times, Issue 851, 9 August 1878, Page 2

RESIDENT MAGISTRATE’S COURT, CLYDE.

—o— Thursday, August 8,1878. (Before W. L. Simpson, Esq., R.M.) Vincent County v. J. P. Kitching —The Resident Magistrate gave judgment in this case as reserved from the previous week.— Ho said—This is a ease brought ■ for rates for the year 1877 ; I granted a re-hearing on points raised by an affidavit which tho Defendant had forwarded. It may not be, and I do not think it is tho correct practice to admit an Affidavit in evidence, but tho Plaintiffs, by their Solicitor, having consented, I think it may be brought forward. The first point whicli was raised for the Defendant was' want of jurisdiction.—This is clearly disproved, tho evidence : of the District Surveyor, who knows intimately the County is clear, that tho place where Defendant was served is within the jurisdiction of tho Court. On tho second point raised by Defendant, viz —His non-liabili-ty—the Plaintiffs freely admit an error of description, but they argue, and I think, fairly enough, that the Defendant had notice, and was aware of the mistake at tha time of the assessment and took no step in the matter ; it is also proved that Defendant has a run within tha County, which was intended to be assessed, and that ho sustains no injury. I therefore give judgment for Plaintiffs, with costs.