RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 63, 25 October 1864, Page 2

RESIDENT MAGISTRATE'S COURT.

Sj tithd ay, 22kd Octobeb, 1864. •(Before^ H. M'Culbclv :Esq.,; B.M.) C'BiAiJiJCfAL ( AssATJiT. — Samuel. Siicock was bro.iiglifc,up on a charge of the above, nature, on a fern rile' named -GFanriy 3?ii:zgerald. -The case wag remanded till Thursday next.;. . „ • ? : 1 Tlie Court then rose. . , ■'■ . ' j. I-. Monday, 24th Ootobes, 1864. (Before H. M'OuUocli, Esq.,'; 8.M.) William Cavanagh, for drunkenness^ was fined 'ss. " ■ ' ~ ' \'.. C' ■-■.'■' '.• Civil .Gases;-; 7/: '"'"' ,- M'DON.ATjD AND OTHERS V. rDALBTHPIS. Mr. Harvey appeared for plaintiff; Mr. South for defendant. " : - , J ' This was an .action brought by the Otarewa Road.Tru&tees for assessments. The sum of £4 4s. was paid into Court. r A short discussion here ensued as to the necessity of. proving the . technicalities of the case, a plea of ''.-part indebted ". being evidenced by the paying of the £4' 4s. in parr-. J. C. Hunter, clerk and treasurer to the trustees of the .Otarewa Boad , District, produced tha minute and assessment books'. He said that in conformity with instructions given him on the 14tli April, 1864, he assessed, the district and made a return of the assessment to tliem on the 23rd of that month. [Assessment roll produced.] The roll is certiised by Messrs. A. J. Elles, S. , Beaven, and W. R. Perkins, on 2nd June. The assessment was struck at a meeting of trustees on 27 th May, levying Is. per pound on the annual value of the lands. A notice of the: assessment was advertised in the Sottthlaitd Times of June ,7th, ■"and said notice further called a meeting of trustees on 2Sth June, at winch parTie3 objecting to the assessment should be present. The advertisement was also inserted in the Southland Times of the 9th, and in the Dalit/ News of the 7Miand9(h. June. There wevc only two trustees present.. No objectors appeared., Mr. Dalrymple did not appear. On tlie Ist September there was another meeting of the trustees, at which a resolution >. was_passcd to the effect that on and after the 10th of that month he was empowered to take stebs for enforcing payment of the assessments. Notices of the rates had been sent by me, with the amounts due, on the 9th July, or thereabouts. The assessment waa ■afterwards- altered. -At a meeting, held- on. 20th. September, the valuation was reduced one-third, the rate still remaining at Is. in the pound. Notice of this was given in the Times and Daily News newspapers. (Witness did not produce the papers: referred to.) .He saw the defendant about the beginning of October". Had some words with hhn. Defendant said he was not aware of the district. '.''"" The Court was here 'adjourned, for twenty minutes, to allow the witness to produce the necessary: papers. . '.•- ;■ On the Court resuming, Mr. Hunter deposed to the notices referred to appearing in the Times pf, the 22nd and 24th September. The notices stipulate that unless,; payment of the assessment were made on or before the 26th of that month, legal proceedings -would be taken to enforce the rate. Duplicates of the notices given to defendant were produced.- Defendant considered the rate !too" high' ••* The annual' value of the lands at 30s. per acre I coriside\*ed abont their value; They face the Dunedin Road, and are. about one and a quarter miles from town. Mr. Dalrymple has.not paid his rates. - ' ; ] :r ■.' ""” : ,■ ■■ - .-■ ;• ; I act: as elerkand treasurer. I tendered security to tlie trustees for the joint offices. - The security- 1 tendered was accepted by ■the, trustees. -. The first general "meeting; of th» trustees was held on, the 22nd March. (Coiznsel I for defence here handed in a copy; of the Government Gazelle, which contained a notice by the . Superintendent proclaiming the district the "Otarewa Road District.") The valuation of the lands was made by me.: To the best of my judgment the valuations aye fair.flnd just. ,; ... No other -valuator's opinion was called in. ; Some objection -berog taken at this stage,' .-.-. Mr. South .said he woultl be prepared with evidence, to slibw that a great many of the preliminaries of the Act had jiotbeen complied with, r - Gress-exftijimed-— -No-objector, appeared^ at the meeting called for.rtlte purpose. The office of the trustees ia in Mv.S.' Besiven's store. This waa iTitimateclV-i'V Che riewspapet's. There "was no notice on i.l>e"pfe.rmscs.' < .' I^attend there daily. I can't say for how- long — sometimes one hour, sometimes ;two/i . At that -time - ! Ii was alsoin the Toot) .Bqarjl Office. I was .bound to aiterid there at certain •■.oiirs. I called at ' Mr. Beaven's office foV'any?objec(ions T whit.h might be lodged^- ; «Tliese objeciiouS;Were \o be se;?t-kiin writingv .sqithat I ..did not mji'irc ..to remain lbhs. at Mr. Beaveji's. ' - Tie-examined— lfr ,.£s r iiot usual for- clerk's and tivJfeurera to tlie Boad Boards -to', devote their w!iole n time,to,.t]ie r du(ieß. I should think not. The yearly 'salary is £20. ii;Byithe*Cou"rt'-rMr. "I'Dalrj'mple said he had never, heard of the dishHct. •■ '- . of the . Otarew.R^.;T{"Q;id''s;Dißferict. This Gazette . (produced) of 9lli Mai cih,^ defines Jihe. boundaries of and proclaims it to-be ? known as the Otarewa Iload Disivict. Mr. Hunter was appointed at a meeting of the r trustees^ held;^^onthe 14fcli April. — ■ The ''tf ustees" ■ were' &■£• pointed^ xinder:; tlie Act.; ?\ VI; think their appomtmein\ J.;wa3 ; made^ in "Marcli;? tiie niaticin : was ! made r on th^: Bth;'; f March. . I will not swear positively that my appomtmentwaß alter the proclamation. To the .best-^bfJiny belief the appoinhnent was made about the 20th March. The nitepayers" litid proper opportunities of beings acquainted with the actions of the trustees. I consider Mr. Beaven's premises t a proper place j for \hv office of the Board, I coniider^ it wif

competent for one man to hold the two* offices of iblerkand treasurer; Mtiwas also the opinion; of Mr. r. ; T. M. Macdonald, solicitor, . who . is one of ; ' the "trustees'. . : " . ." ' . '■— ■: - ■- --' -Mr; Harveyv— Tt. is miiie also. •■ - ' ■; v^-.Mr. South here read the terms : of-the,-Act,.and "said lie would appeal to the CpurjTon tins point. v '■"*•*-" ThV'Berich: ruled'fliat^the : '9th -clause -wras., not "mandatory:.;, indeed, that none:of the. clauses were .;■. mandatory.;... .■ -„,.-:^,. ■; r^i-<.; : -> 1] ;-:^ i^^ Cross-examined. — Tcannot say if the district -"•• known as the OtSrewa Hoad I?is- ; ■'•.- taSofcStwas noba.vea.re fliafcjt was in fche.vWaihp--pax Electoral District. . This rdisfcrlet is changed,, '-"liow^ It'is'in the invercargill 1 Hundred. ; It could not have been before 5 March that We were. - Our proceedings wouldhaye been ik legal if we had" been appointed before the district '' was proclaimed. The trustees 'were not satisfied withthe clerks' assessment,- and; they afterwards ■ reduced it.-,, „..>; . 'r -:,., „:....-■,. ,<'■ „, .„.,,-• ~.^. • The Magistrate here said that if the plaintiff's, •case was to make but the illegality of the pro?; ceedings of the trustees, it was pvecludedby the; fact of his not having appealed in terms of the ■ j -"' Act.--"" -■■■ :: '--.'-'"" : ■■■"■'■■ ' ■■' ■'■''" "' i ' . - -■.-■■■ Mr. South asked if evidence of the; excessive . valuation of tibe land would be. taken, supposing. tiie'defehdant had not had a proper opportunity of appeal'? : ■ ' " ■ :,„ The Court . ruled tJiat it; would. : \ Examination, continued.-— I may say. that; I, personally, as a member of the Board, objected to; : ; the assessment/ but I was overruled by the majority of the. trustees.,. I always considered, the rate •xcessive... . , , ; ..". . . .- „ ■: ..; .... ,■: ;■ .■- •:.;■■ Mr. South opened the case for the defence, aaid he vwould call Mr. Dalvymple, whd f would •tate he-had not been served with the particulars of the assessment till Augus t, and that he therefore liatrrid bpporfcunity of appealing. He Would also^state that he certainly would have; appealed. Itwa3 a matter of .considerable importance to him, who held 500 wes of land, which he would etate was rated at five times its value. It was a case, he said, which was an exceptional one, and one whtcb, if the decision was adverse, he would eaiiy to anothei? Opiirfc - RDalrymples deposed ?that the first time he -knew of the Otarewa Road District was from a r ptice from the clerk for payment of the rates. The notice is dated 22nd August. Gamy oath I never in my Kfe before heard of the. place. Sometime after I met Mr. Hunter and; asked him about, tlie matter. I told him the annual valuation was as much as the land would sell for. -. 30s. per acve was absurd. I certainly would have appealed. T'le second assessment was 18s. per acre as the annual value. The total amount now charged is £21 13s. 400 acres of the laud are leased to Mi". Beaven at 3s. per acre, and 117 acres to Mr. Copeland at 3s. per acre. The highest rent got is ss. for 100 acres. Cross-examined. — The land was leased lately. The leases are dated Ist. October. I don't thuik land was much more valuable seven months ago. I swear I did not see the notice in the papers. H, B. Monkman, auctioneer, produced two leasb3ofMi\ Dalrymple's lands. With the ex- ■ ception of section 31 (let at ss. per acre) the lands are leased at 3s. per acre. No more rent could be got. lam defendant's agent. Cross examined — Land would have fetched more six months before. Re-examined— lt might have fetched ss. on an average. Counsel on both sides having addressed the Court, The Bench thought that the objections <o ('•> | appointment of the clerk and treasurer an i f k<s i trustees were not material, and that the dire, -jr.* of the Ordinance were mere directory. If deicu..ant felt aggrieved he had his remedy provided by the Ordinance. Ab to his not being aware of the district, the proclamation actually defined the boundries of that district, and he thought that, independent of the name, the publicity given to the boundaries was quite sufficient to have shown , him that his lands were included. Under all the circumstances of the case he must give judgment for the plaintiff, with costs. Verdict, £21 135. ; costs, £4 4s. Mr. South gave notice of appeal. Yottsg T. Dodds. — Claim for £6 143. for medical attendance. No defence. Verdict for amount, with costs. "■" Blacklock V. Basstian. — Claim for £32 1 s. 6d. on a dishonored bill. No defence. Verdict for amount, with costs. The Court then adjourned till this day, at eleven o'clock. _____________ --^.