RESIDENT MAGISTRATE'S COURT.

Kumara Times, Issue 730, 31 January 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

TRURBDAY, JIANUABVfStQj , T t [fielbre B®. Price;’ Es 4 . :, R.M.] ’ TENNAirr v. 1 ’ ‘ Rokb BoAhb* PMs waft A elai iv for, ds. .(or rate 4 paid by .appeared illegally." » h ? Mr Perkins appeared for theplaintiM and, M»YHawkms /pi['|U»,e 'Board/ / Before^iconim^Dciiig tta?e, .Mr Seddoh informed ’the Churt that ho appeared on behalf of the Board, as Chairman (under the ,70th aeetion of the CoUnty of WeatlaudAct), and that he had -hot inatidctql Mr. j^awkins. Mr Hawkins contended that there had .been no meeting ,of the Board and consequently MV Seddpn could hoc been elected Chairman*, dje had IVe6U insti u'ctt-d’ by the Secretary to the Board to appear.

Mr the minute book of tlie BharcPs aim rend the resolution electing hitft ChfiirinahV *l|l also thfe pUe him. to appear in this easel . , t

-Secretary to the Board ,io the witnessbox, and prove that there was no meet mg held. ; -, ~ ■ \ -,t

The Magistrate said it was- very urn pleasant to ‘ sed -a" Cafee -hWiiight into Court in tliis .planner, .there,was evidently disunion -. between the parties. They ought to arrange their squabbles amongst Jib [(the Magi a* Irate) , Was^ not for,. that purpose) and when an officer of the Court ti|kl him he was-instciioted rto appear in the casß; he cpu)il not dp otherwise thpn accept his /statement. He trusted they would end this 'unseemly discussion amongst,themselves ‘apd, proceed .with the business before the ppurt. 1 Mr Seddon here told Mr HaWkinS that as Chan-marl of thk Board he instructed, him to defend the jCase and was politely informed by the learned counsel “ Fll 'take no instructions from you', sift” ’ ?

Mr Perfcihs, in opening' the case, said that this was an action by the plaintiff, a ratepayer, to recover the pnm of 6s, being the amount of a rate illegally collected by the Arahura Road Board on the 10th September, 1877.- There were one or two legal points involved in the question which; he! would prefer to as the case proceeded. There was no rate struck by the Board in July, 1876, as he should be prepared to show by their 'minute-book. The feet was the Board had collected -this 6s, to which they bad no legtd. right. Probably the learned counsel for the Board might' say this was for’ the year 1877, but he should be prepared to meet that question. There was no rate struck in 1876, as there was no Valuation roll. If a rate of Is in tbe X was strucfc, and there was no valuation roll, it could Dot be levied. On the* 21st of January there was no roll in and when the valuation roll was made, three months after, theßbird tried to apply it to a rate that had been struck previously. Hb then calidd ’ : I • 1 Thomas' Tenriant.’ wh'o, ; being sworn; deposed f lanva' at Dillma'n’s ToWn. ; I • Ithow Mr J. McDonald ; he was the' rate collecttto for the Arahura Road Board; 1 I him a sum of money. The receipt produced : ia ‘fbr that 'sum.- It'"Was fot a rate; he demanded it, and I paid it, ak I, thought it was a legal demand.. I have since ascertained that there \t|s no rate struck in July, 1876 j andat that time this place was not in existence