RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2396, 6 December 1870, Page 2

RESIDENT MAGISTRATE’S COURT.

Yesterday. (Before A. C. Strode, Esq., R.M.) Civil Cases. Brown v. Hyndman.—A claim of L 4 16s, money lent. Judgment for the plaintiff, with costs. Dunedin Water Works Co. v. Massey.—A claim of L 4 for water rates for the Wesleyan Chapel, Stuart street; the defendant being sued as trustee. Mr Macassey appeared for the plaintiffs, and Mr James Smith for the defendant. Mr Macassey said that the action had been brought to test the liability of churches and chapels for the rates. Nothing could be found in the 28th, 37th, and 38th clauses of the Company’s Act to exempt those buildings, and cases could be cited to show that their trustees were liable. He admitted that it would be an act of grace on the part of the company to exempt them, but said that they were not able to do so unless with the consent of the Government. Mr vSmith admitted that these buildings were not expressly exempted, but contended that, from the language of two sections of the Act, such an exemption was intended. Mr Strode said that there was no doubt, from the language of the Act, churches, which must be regarded as tenements, were liable for the water rate. He would, if desired, willingly state a case for appeal, but must point out that, as the amount claimed w r as under L 5, there was no right of appeal. The question might, however, be tested by increasing the amount. Judgment for plaintiffs for the amount claimed. Shaw v. Kidsley.—A claim of L 6, for damages done to the plaintiff’s crops by the defendant’s cattle trespassing on his laud. Mr Harris for the plaintiff. Judgment for the plaintiff, with costs.