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Patea Mail, Volume 1, Issue 34, 7 August 1875, Page 2

*• Tun last straw breaks the camel’s back,” is an old and familiar saying, and th 0 verdict given by Major Turner in tiro case of the Fatea Town Hall Company v Daniels, is likely to apply with equal Force, as wc understand it has bad the effect of awakening a section of the community to a course of action, with the hope of: bringing about a more improved administration of justice in this district. As journalists, we claim to Jiavo tire privilege of criticising magistrates’ verdicts

whenever such may appear to bo incorrect. For many yea; 8 we have been accustomed to the working of the Mining Companies Limited Liability and Joint Block Companies Acts in all (heir phases, ml we must say we never remember a more absurd verdict being recorded than ;hu given by Major Tumor on Thursday last in (he case above mentioned. The Act hud down for his guidance was completely thrown aside, as we shall presently show, and we were all the more astonished at the verdict, as an adjournment was deemed advisable in order to afford the Bench an opportunity for calm rejection, hut, we fear the magistrate during the interval paid little attention to the Act ho was called upon to administer. The main points raised by defendant s counsel were rlnt Mr Dale produced no written authority from the directors empowering him to appear as the company’s representative in Court, and that the minute read by the secretary was not admissible in evidence, as it did not bear the company’s seal. To show how clear the Act is on these points we quote the two sections which are so intelligible that a simple school boy could not have .failed to have over-ruled defendant’s counsel had lie been in Major Turner’s place. The 57th clause says : “ Any summons, notice, writ, or proceeding, requiring authonlification by the company may he signed by any director, secretary, or other authorised officer of the company, and need not be under the common seal of the company, and the same may be in writing, or in print, or partly in writing and partly in print.” It will bo seen at a glance that this section gives the secretary an undoubted authority to sue in the name of the company. The 45th clause of the Act provides that the company shall cause minutes of all resolutions and proceedings of general meetings of the company to bo duly entered in books, and any such minute, if signed by any person purporting to be the chau>_ man of such meeting, shall bo receivable in evidence in all legal proceedings. So that it will bo seen that the magistrate allowed himself to be misled by the legal points raised by counsel, without satisfying himself of their want of force. It is indeed strange that Major Atkinson, as member for the district, docs not cause the newly-appointed Minister of Justice to institute an inquiry into the administration of justice in the Patea district, as our member cannot possibly plead ignorance of the utter incapacity of the gentleman who holds the position of Resident Magistrate to discharge the duties, and the, almost universal dissatisfaction which follows in the wake of his verdicts. Our Court is being converted into a theatre of amusement for persons who congregate to listen to the vagaries of our and on behalf of the public we trust that the Minister of Justice, who is an experienced magistrate, will not delay in sending relief to a community who have so long and tamely submitted to this hybrid administration of justice.

Wk learn that Mr F. M--Gui;v, M.P.C., at the request of a number of ratepayers, placed himself in communication with Mr Standish, Deputy fchipemitendent, requesting the Government to fix a day for the election of members to servo on the proposed Town Dom'd, and a reply has been received to the effect that His Honor considers it inadvisable to take any action in the matter pending the fate of the Abolition Bill now before the II ■mse. Wc are at a loss to conceive what tiic bill in question has to do wil.ii the formation of onr Board, and more, particularly as the Waitara, which was placed on precisely similarly terms with Carlyle, has already elected its Board We trust that Mr Blandish will be able to see bis way clear In complying with the wishes of the residents of Carlyle without delay, as we can assure him that there are a variety of matters awaiting' the attention of the Board.