MAGISTERIAL.

Patea Mail, Volume VIII, Issue 981, 8 January 1883, Page 3

MAGISTERIAL.

PATEA—FRIDAY, JAN. 5. (Before C. A. Wray, Esq., R.M.) The following were beard after we went to press on Friday : E G Horner y Henry Inman Davis, Claim £1 9s Bd. Mr Adams said that no demands had been made beyond the notices. They could prove service of the latter. Ho only arrived from Wellington that morning, and had not been instructed. He thongnt an adjournment would ho the best thing. His Worship thought that would be too costly, as those present would want their expenses, Mr Barton suggested that the eases should bo hoard, and judgment given for defendant, in each case upon .the point of law, the judgment stating at the same lime whether judgment would otherwise have been given for the plaintiff or the defendant,‘as the fkiase may be, upon the merits. After the • result of .one appeal is known, the judgment could, on proper application for rehearing, he given on the merits if the appeal were successful. John Black was called hut did not appear. His Worship said that the Council did not appear to take much trouble over this affair. If they aro not prepared to go on they had better withdraw them instead of keeping the Court in this manner. As a public body they ought to have everything ready. To save lime Mr Adams called II I Davis ;■ ho had received no notice. Ho paid this rate to Mr Black and got a receipt on plain paper. He lost it in a field. He remembered it so well because he was receiving money from Mr Harden for carting and (hat gentleman said Mr Black wanted to see him about rates. Witness said “Very well, I’ll go and pay him.” Mr Harden was in Court and remembered him going into Mr Black. Mr Adams said Mr Black would not come without a subpoena. His Worship said that the Court had decided that proper notice had not been given, and it was for the- plaintiff to consider whether it was worth while to go on. Mr Adams : We would withdraw them, but it is too late. Mr Horner thought it would ho hotter to adjourn. His Worship did not feel inclined to grant an adjournment. He felt strongly at the way these eases had boon thrown upon the Court. A body like the County Council ought to have known better. Mr Adams would take a judgment if His Worship would grant a/re-hearing. The Magistrate : Very well. Judgment for defendant. Same v. C Dempsey. — £2 10s. Defendant said he paid the money to Mr Beamish at Waverley, but when he sold out. his papers went astray. Mr Adams produced the receipt book, with the blank receipt still in it. Judgment for plaintiff for amount claimed, with costs 7s. Same v. Kells. —Claim, £2 8s lOcl. Mr Barton produced a receipt, showing that amount claimed had been paid. Judgment for defendant, with costs, £1 9s, Same v. W. Edwards. —Claim, £l. W. Edwards denied owing the money. It had been paid by Mr Konwortby. lie produced a letter from Mr Ken worthy, saying that the amount had been paid for him. Mr Kenworthy was about to give evidence, but Mr Adams said the receipt was gone from the book. The case was dismissed with costs. Same v, Hobbs.— Claim, £4 2s fid. Mr Harnertou appeared for Mr Hobbs, who said that no notice of any kind had been received for the Patea County Council for the last three years. Judgment for defendant. v. H. Axur.—Judgment for defendant on the technical point already referred to. Same v John Burton, 7s (id ; judgment as above. Same v Byrne, £1 3s 2d ; judgment for . plaintiff. Same v Coutts, £5 9s 2d ; adjourned till Tuesday. Same v Lind, £1 10s lOd ; judgment for plaintiff. Same v Richards, £4 17s 4d, judgment for plaintiff. Same v Delamore, £1 4s lOd ; judgment for plaintiff. Judgment was given for the defendant •in the following cases : Horner v Taplin, £3 7s 3d ; same v Southcombe, 15s ; same v Ilawera Town Hall Co., £2 2s 6d ; same v Trcwcok, £4 14s 3d ; same v Wilson, £1 17s 6d ; same v Williams, 15s 8d ; Same v Winks, £l2 Os 6d ; same v White sonr., 10s 6d ; same v Colson, 19s 6d ; same v McGregor, £4 9s 6d ; same v McLean, £6 19s 5J ; same v Lukes, £5 12s 6d ; same v Wilson, £1 10s ; same v Secornb, 10s 9d ; same v Quinlivam Ifis ; same v Sherwood, 18s ; same v Fyfo, £2 2s (id ; same v Hotham, 15s ; same v EiddlCj £4 10s 5d ; same v Crocker,” £l4 10s 9d ; same v Bayloy, £2O IBs Gd ; same v Hogg, £1 15s.