DISTRICT COURT.

Grey River Argus, Volume XIII, Issue 1623, 17 October 1873, Page 2

DISTRICT COURT.

Thursday, October 36. i (Before his Honor Judge Harvey.) ; AI/LKGBD ILLEGAL COM.ECXIO3J" OF TOiLS. , James Hamilton and Co. v. theParoa Road Board. — This was a claim for the return of LI 90 10s Bd, alleged to have been illegally collected by the defendants as tolls on the Marsden and Nemona and Marsden and Cockabulla tracks. Messrs Newton and Perkins appeared for the plaintiffs, and Mr Guinnes3 for the de^ fence. It was argued that, under the County of Westland Act, tolls could only be collected on main roads, which the tracks in question were not, and that toll-collectors could only be appointed by the County Council, and Mr Green, the collector in this case, had. been appointed by, the County Chairman alone, without the consent of the Council. The Judge remarked that it appeared to him to be an attempt to recover the amount of these tolls by a quibble. Strictly speaking the plaintiffs' might be right, but he, Judge) could never favor actions of this nature. la evidence, Mr H. H. Wolters, secretary to : the Road :Board, stated thab all the moneys received by him from the. toll-collectors, on account of these tracks were credited to the County. Councils, account, and he produced the ledger in support of the statement. Several witnesses having been examined for the' plaintiffs, , Mr Guinneaa moved for a nonsuit, as; it was necessary for the plaintiffs to prove that the defendants were the agents of the County Council before they could recover, and that they had received these moneys as such' agents. The County Council was the principal, and Green, the toll-collector, was their servant^ and thja tolls had not been taken by the defendants, . but' by the County Council, as provided, by the Act. , ,'.', ; The J udge found that the toll-collector was appointed, by the Qounty Chairman, arid that the County Chairman was authorised to fix the scale of tolls on these tracks by the County Council. The tolls were collected, and, credited, and returns of them made 'to the County Council. If they had not been so, no doubt the County Auditor would very speedily have wanted to know the reason why.' The plaintiffs had evidently, mistaken the parties to go against. These monies were not received by the'Paroa Road Board or their agent from the' plaintiffs, but were collected by the officer ; of the .County Council. Plaintiffs nonsuited with costs. DAMAGES FOR BREACH OJP AGREEMENT. Ralph De Costa y. Stavert and .Morti-mer,Nelson.—-Mr Guinness appeared for ,the ; plaintiff , and Mr Newton for the defendants. This was, a claim for L2OO damages for alleged breach of contract to let certain business premises on Mawhera Quay. As the plaintiff only was examined when the Court was adjourned we hold over his evidence until the completion of the case. The Court adjourned until this morning, at ten o'clock.