RESIDENT MAGISTRATE'S COURT.

Kumara Times, Issue 801, 25 April 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, April 24. [Before M. Price, Esq., R.M.] education reserve rentals. This was an action by the School Commissioners ot the Westland Educational District against J. H. King, for £lO, the amount on rents due on sections 92 and 93, Main street, being ground situated on the Education Reserve, and leased by the defendant at a yearly rental. Mr Hankins, of Hokitika, for Commissioners j and Mr Perkins, cf Greymouth, for the defendant. Mr Hankins, in opening the case, said he had served the defendant with a notice to produce his lease of the sections. Mr Perkins objected, as the defendant could not produce a lease he hud not possesion of. Mr Hankins would, by secondary evidence, shew that a receipt had been signed by the defendant ou his receiving the lease in question. Mr Perkins took exception to the; jurisdiction of the Court, as the question in dispute was one of title, as they 1 disputed that the School Commissioners were not legally, the owners of. the laud Mr Hawkins quoted the Land Tax Act, to shew that the title was good, and that under the Act the only question that coaid be raised in regard thereto was one of fraud. [Title deeds produced.] The Magistrate, after an examination of the document, said he was amused at the title, and the learned consel for the; Commissioners would readily understand! why. Mr JS. T. Robinson, on belli .■ sworn, and examined by Mr Hankins, deposed : lam Secretary for the School Commissioners for the Westland Provincial District for which I receive £4 3s 4d per mouth- I have been duly appointed. I was formerly secretary to the Education Board of Westland. The book produced contains acknowledgements of leases delivered to different leaseholders on the Reserve. I find the name of J. H. King amongst the signatures. I delivered a lease to the defendant. I believe I gave him the lease. It is not in my possession now, nor in that of the Commissioners, Cross-examined by Mr Perkins: I believe I gave Mr King the lease. I recollect him signing the book, but this I will not swear that it is his signature. To the best of my belief, it is his wilting. Ido not think the lease was made but in the name of the Bank of New Zealand. Ido not know where the lease is now. It is not in posessioti of the Commissioners, or of the Board or any one belonging to them. By the Couit: The Commisioners are the Hon J. A. Bonar (chairman), Dr Giles, Messrs. Patten, and H. L. Robinson ; and, I believe, yourself, your Worship. The Magistrate : I hare resigned a long time ago, and received a notification that my resignation has been accepted. Mr Perkins said that as the witness had admitted the Magistrate was still a member of the Board, he was instructed by his client to object to the Magistrate’s Jurisdiction on that ground. The Magistrate : The line of defence adopted by counsel is quite right, and £ am glad that my attention has been drawn to the queotion, as, although I have resigned and my resignation has been accepted, a very important point* in the administration of justice has been raised by the learned counsel, and the moment that arose it was the place cif any Magistrate to say most decidedly : I shall not adjudicate, on the care, as it would at once impugn all our boasted justice of English law. Mr Robinson, at this stage, commenced to quote fiom various Acts relative to the Magistrate*!* resignation on the Board, in which, however, he was quickly silenced by his c umsel, who p anted out to the (Joint that the learned counsel for the defence could not go behind th« title as to who were the Commissioners appointed. The Magistrate: They are im| caching me, not the title.—[Laughter.] Mr Perkins; Although th**y could not g<> behind the title, yet, if the Magistrate was no longer a Commissioner, the body corporate ceased to exist, as by the Act there must be fixe Commissioners' on the Board, and there were only four. Whichever way looked at, it left them on the ho: ns of a ddenuna. He contended that although the Magistrate had resigned, this 'action- wan brought on a matter that had occurred while he was a member of the Educa-

tion on that ground lie .Court would not cate; ..'.*'' *^ His Worship said it was one of those cases in which a magistrate was impeached, and he kueW he was by some persons supposed to be sitting there to hear the ca<e as a biassed man. Prom 1876 he had been constantly impugned on this matter, and, what was more, motions had been passed stating thvb he wanted to act against the School Board; therefore the objection made by the learned counsel for the defence he thought very proper. No magixtrate should have the slightest interest iu any case he might be called upon to decide. He should adjourn the ca»e to the 15th of May next, For hearing by another magistrate.