WAITARA NEWS

Taranaki Daily News, Volume LIII, Issue 187, 17 November 1910, Page 7

WAITARA NEWS

S.M. COURT. 'From Our Own Correspondent.! .Messrs. G. lVarce ami G. 11. Stubbs, il's.l'.. occupied the bench in the absence of Mr. 11. S. Fit/.'.ierbert, S.M., yesterday. All judgment summonses were adjourned to December 7. Application was made and granted to have the name of Colin Limnier struck out as one ot the defendants in an action.

J. R. Jones, of Stratford, was proceeded against by the Inspector of Noxious Weeds for allowing furze to grow on a property owned by him at Tikorangi. The inspector said that defendant was apparently deliberately defying the law. he having been notified twice without doing any work or recognising by a reply the receipt of the notices. Defendant stated that owing to illness and want of funds he was unable to do the work, and even unable to pay the interest when it fell due, the mortgagee then occupying the property. The Bench recorded a conviction without a fine. When the first defended case was called, Mr. Wilkes applied that such be adjourned, as is usual in Waitara, for hearing by the Magistrate. He and at least one other counsel had been led to believe that defended cases would not be heard, with the result that they were not prepared. Mr. Quilliam objected to the adjournments, as no legal technicalities were involved.

The Bench decided to hear the cases, which were then proceeded with. The first called was Clifton County Council (Mr. Wilkes) v. A. Dagg (Mr. F. E. Wilson), of Whangamomona, a claim of £7 19s for rates. The Council's counsel admitted that under the Bush and Swamps Land Act, the defendant was not liable for rates for four years, but as there was nothing to indicate this in the roll prepared by the Valuation Department, the clerk had served the usual notice, and, failing receipt of the amount, sued. Mr. Wilson applied for costs, on the ground that plaintiffs were advised by defendant of the position, but, despite this fact they persisted in sueing. The Bench awarded £4 costs, with £1 Is solicitor's fee.

Daniel Danielson (Mr. Wilkes) v. Jas. Allen (Mr. Quilliam), claim £l4 4s 9d, being a balance alleged to be due for contract and dav work performed. Plaintiff claimed he had done certain work on a farm by day labor, and other portions by contract, for which he had received payments on account, the last being in February, 1909, when £8 lOs was paid. He alleged that defendant on that date said he was not a millionaire just then, but would give plaintiff the balance some time later. He had frequently seen defendant, but never mentioned the subject to him, and in June sent a demand through his solicitor, and a refusal to pay brought about the day's proceedings. Defendant claimed he had paid in full, the last settling, in February, 1909, being the full amount due. Mr. Wilkes then elected to take a non-suit, which was accordingly given, with the usual costs.

Walter Sarsfield (Mr. Wilkes) sued Captain Jensen (Mr. Quilliam), of the s.s. Taimri, for the sum of £5 12s, wages alleged to be due on account 01 non-payment within the two days allowed by law after a; discharge. Plaintiff's statement was that trouble occurred on September 14 on a trip from Mokau, the ultimate result of which was that he left the ship the morning after arrival in Waitara. He admitted being away in New Plymouth the following day, and of having used language more forcible than polite to the captain, which in a measure was returned. Evidence was given by Captain Jensen to the effect that plaintiff did not carrj out orders given him, he, the witness, having to do the work himself, although it was not at all difficult, and that as plaintiff was in the wav when performing that duty he pushed him aside. When he did so had language was used by Sarsfield, who then refused duty. On the following clay he came down to the ship for the purpose of paving plaintiff off and discharging him, but not finding him about the wharf, left the statement of wages, together with the ship's articles and wages, with the Customs officer. As it was not lifted that day he took it over to the owner's offce for the plaintiff to call, which had been the usual course with all hands. Mr. Wilkes stated he was prepared to accept a nonsuit, which was granted. Dr. Claridge v. Foresters' Lodge, claim €ll 5s Od. Adjourned to next Court day.

The Anglican Church is holding a garden party at Mrs. Jones' this afternoon

A property owner on West Quay contemplates the erection of a brick building with a 32 feet frontage. The Waitara Municipal Brass Band intends holding an art union early in Januarv, subject to the approval of the Hon. the Minister for Internal Affairs, to whom an application has been sent.