RESIDENT MAGISTRATE'S COURT.

Poverty Bay Standard, Volume 1, Issue 7, 16 November 1872, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before W. K. Nesbitt, Esq., R.M. and J. 11. Campbell, Esq.. R.M.) Thursday, November 14.

There was only one ease before the Bench this morning J. B. Poynter Esq., Chairman of tha Road Board, against Riperata Kahuitia for assessments due to end of June 1872 amounting to £44 15s. 6d. This case has appeared on the records before in two or three different wavs and has become invested with a certain amount of interest, as, on the settlement of it, depended the right to claim rates, under the Highways Acts, from many other Native owners in the district. The following is an outline of the proceedings James Benjamin Poynter sworn states : an Assessment Roll was prepared and Ripcrata’s name was inserted together with the amount of assessment due on each block. Notices were posted up in maori to the effect that the Roll was open to inspection at Blah’s Hofei, and appointing a day for the hearing of objections. Defendant attended and offered objections to the rate which were overruled. Some of the assessments have been voluntarily paid by her co-owners, which have been deducted from amount claimed and I now sue for the balance. Mr Cuff, who appeared for the defendant objected to the Assessment Roll, and the name of Riperata as representing the sole owner of tho various blocks, in which there are a great many others. The cross examination of plaintiff bv Mr. Cuff went to show that the requirements of the Act were complied with ; a list as required by the 36 clause was prepared, and, in the case of maoris, generally the first name in the Crown Grant inserted. The notice was not subjoined to the list, but posted up with the Assessment list at same time in the Post-Offi co at Mr. Blair’s public-house. The Assessment list was sent to the Superintendent for public notification in the Gazette: — Riperata sworn stated: — I own four pharos in the Waikanae block. I own, also, three shares in Makauri. I never saw any notice in maori with regard to the Road Board. I did not see any list of persons assessed. A statutory declaration by F. W. Foster was tendered by plaintiff purporting that he had posted up two notices in maori to the effect that the Assessment Roll for 1871 was on view at Blair’s public-house. Judgment for plaint iff as under : — Block Matawhero C, £1 4s. Do. Do. £2 12s. Do. £3 Ils. Gd. Do. Makauri £3 Is. 9d. £lO 9s. 3d. Mr. Cuff entered up an appeal on the grounds that the provisions of clause 36 of the Highways Act had not been complied with. Appeal granted. Mr. Poynter applied for judgment to be recorded against Hirini Haerione, which was suspended, pending the decision of the Legislature as to Native rating liability, being made known. Granted; •