MAGISTERIAL.

Patea Mail, Volume VIII, Issue 1010, 16 March 1883, Page 2

MAGISTERIAL.

PATE A—THIS DAY. (Before C. A. Wray, Esq., R.M.) beamish’s case. When this case was called, on, Mr Barton, acting for the County Council, said that since the last adjournment Mr Beamish had paid into the bank an amount which he (counsel) believed was in full satisfaction of the sum due to the Council. A statement, showing the names of those who had paid the dog tax and the amounts paid had been banded to the Council with particulars of collars issued, with the exception of one. The Magistrate; That is the statement he was previously ordered to produce, is it not ? - Mr Barton : Yes. So far as Mr Horner and the Council were concerned their object has been accomplished, and they have no desire to prosecute Mr Beamish vindictively. It would be necessary to obtain the sanction of the Court before the case could be withdrawn. The Magistrate: Isjis competent for me to allow it. Mr Barton : It may be withdrawn but only under the leave of the Court. No promise of any kind has been held out to Beamish if he would pay the money. The Magistrate; Do I understand that it is the wish of the Council to with draw. Mr Barton : Mr Horner is prosecutor. We are not by any means satisfied that an offence has not been committed, but under the circumstances we are willing to allow a withdrawal. The Magistrate: I could not take upon myself to withdraw the information. I think it should be done on a resolution of the Council. Mr Hamerton, as counsel for defendant, said that Mr Beamish had now paid certain sums, and the Council were satisfied. He (Beamish) had never read the Act, and had only just learned that he was the responsible party to pay monies in. The book had been lost, as stated, while going from one house to another, and it was perfectly impossible for him to supply the list. He (counsel) had taken hours going through the rolls with Beamish, when he had picked out from memory those who had paid. Mr Beamish had suffered acutely, and he (learned counsel) was sure tbat be bad erred through ignorance only. The Magistrate : The Council instituted the proceedings, and they should withdraw them.

Mr Hamerton: By request of the parties concerned and the consent of the Court, the case may be withdrawn. The other side are satisfied.

Mr Barton : Our position is that of an assenting person. The Magistrate: If Mr Horner wishes to withdraw, I will know what to do. Mr Hamerton : They have obtained the list and the money. Considering Mr Beamish had done everything that he had been asked, he thought the case might be withdrawn. The Magistrate; The Act says the case may be withdrawn by the informer. He conies and says he consents, but does not apply to withdraw it. It certainly needs an application. Mr Barton : I did make application, your Worship. We do so as an act of clemency. The Magistrate;: I was under the impression you left it to the Court. It appears that there is power under the Act, but the question is still open that if the Council do not approve, they can lay a fresh information. In consideration of defendant having suffered a month’s imprisonment for not having given the information he was directed to, I will allow the case to be withdrawn. This was all the business.