RESIDENT MAGISTRATE'S COURT.

Kumara Times, Issue 747, 20 February 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, Fkbruary 20. [Before M. Price, Esq., R>M.] UNREGISTERED DOG. Joseph Davidson Was charged -with having an unregistered dog in his pos» session. As t.h>re was no appearance of the informant the case was dis» missed. CLAIJi LIABILITIES. Matthew Davidson- V. A; Stone, This was a claim f.tf £l4 19s 3d, which it was alleged the defendant had in* curred when having »i share in Hornby's claim. Mr Perkins appeared fin' the plaintiff, who, on examination, stated that the defendant had on one occasion offered him £lO to settle the matter, and ou another a promissory note for" -t 12, and that he had admitted he was liable for the amount. The defendant, who had bought two shares in Hornby's claim at Westbrooke, distinctly denied he was in any way liable, that he had bought the share free of all debts, and that he bad made no promise to plaintiff; but in cross-examination by the learned counsel for the plaintiff, hs admitted having paid some money on account of another debt that was owing when he bought the shares. The case was adjourned for a week for the pro* dnction of a witness, who was unable to cross the river owing to the flood.

FERRYAGE Otf MAILS. Keech and Molloy v. Hayes.—This was a claim for £5, for toll and ferryage on the Teremakau punt. Mr Perkins appeared for the plaintiffs, and said that although the defendant did not appear, he should like to state the case aud quote authorities thereon to the Court, as there was a very import* ant point involved. The claim was made by the plaintiffs, who had a five yeai-s' protection for the puut over the Teremakau river, on the ground that although the defendant was the carrier of her Majesty's mail, still he carried other goods and passengers, which ex* eluded him from claiming the privilege of the Act in respect thereto, and he was liable for the amount of the ferryage and tolls claimed. In the case of " Young (appellant) v. Percy (respondent), vol. 3, p. 62, Appeal Court cases, 1875," heard before the Resident Magistrate at Wanganui, in which £65 was claimed for tolls on the mail coach and horses between Wellington and Wanganui, passing through a legallyappointed toll-gate, it was proved that the defendant carried passengers and luggage, and judgment was given the plaintiff, with costs of Court. The ' case was then referred to the Court of Appeal, before his Honor the Chief Justice, who upheld the judgment of the lower Court on the grounds that the Act provided that the horses and ehieles nm.-it be exclusively employed in the service of the Queen, and for no other purpose when carrying the mails, bo entitle it to be free from tolls or ferryage ; and the defendant bad carried passengers and luggage, thus reri-

u'ering himself liable to the usual rates of charge—Mr Keech was then called, iand proved that the defendant carried iall sorts of goods besides the mail. The protection to the punt, as gazetted, was also produced. His Worship gave .judgment for the plaintiffs, with c->sts of Court, and professional costs £1 Is ; at the same time stating that he should grant'ft re-hearing of the case, if applied for, as the defendant was proliahly unable to cross the Teremakau River this morning* fcONStiNflfiD JUDGMENT. In the case of Eraser v. Lowden, Mr Perkins for defendant, judgment whs given by coriseut for £ll 8s (the original claim being £l2 9s) and costs of Court. H , ARAHUKA ROAD BOARD. Isdall and Ehlers v. the Arahuril Road Board.—Claim £1 10s each for rates illegally collected, was adjourned for a week to enable the Clerk of the Board to be subpraned to produce the minute booki