RESIDENT MAGISTRATE'S COURT.

Tuapeka Times, Volume II, Issue 67, 22 May 1869, Page 3

RESIDENT MAGISTRATE'S COURT.

(Bfore W. L. Simpson, Esq., R.M., and Horace Bastings, Esq., J.P.) Monday, May 17. ''ause v. M'Cumm. — Claim, £4 14s.

6d Settled out of Court. ■MPpjiQvajLv^, Ward.— Claim, £7 18a. goods sold and delivered. No. appearance of defendant. Verdict for amount claimed, "with "costs. — It appeared that Ward had become insolvent and passed all his examinations and got his clearance, but the above debt was not included in schedule. After judgment was obtained, Mr. Keen, agent for Mr. "Ward, applied for a rehearing on the following grounds — Ist. That he was retained for defendant, and had, through oversight, forgot to attend ; 2nd. That defendant had a good defence, he having received from the Supreme Court a final discharge as a bankrupt ; and that the debt sued for was included in schedule. Trial granted. Town Clerk v. Darton.— Claim, £2 3s. 9d., due for Porporation rates. Defendant asked if it was the rule

that an officer of the Town Council

could adjudicate on matters relating ,^Jax.the Corporation. The Magistrate stated thattheempoweringActprovided that a Mayor could sit. The Mayor was on the Bench then, and he could ask him to hear the case. The Town Clerk deposed, that -he had requested payment frequently, and was refused. The Assessor deposed to his having left a notice of assessment at the defendant's house, and that he did not assess defendant for any other property. He further stated that he was guided in the description of the property by the former roll. Defendant deposed that he considered the notice of assessment was insufficient, inasmuch as the locality was not stated. He said. that the site of his dwelling was in the Goldfields, although within the municipal boundary- He had occupied the land before Lawrence was a town,, and now held it by virtue of being a legal resident on the Goldfields ; and further, being" owner of an agricultural lease, he could settle wherever he thought proper on the Goldfields. He^reld the ground by special permission]; of the Governor's delegate, Mr. JoTin Hyde Harris ' i

His various objections were overruled by the Bench, and judgment was given for amount, with costs, ten days being allowed for payment. W. Hayes, Town Clerk v.T. Anderson — Claim, £6 7s!*9d. for Corporation rates. The defenaant stated that one of the sections for which he was assessed was not his. property. The assessment amounted to Is. 9d.- He

further stated that the notice 'served

oniiimwas at the rate 'of Iff. "fidrin «> pound, whereas the assessment s for Is. "9d:, 'which, he could not derstand. -„, * ....■* * The Town' Clerk said 'that he: had used one of last year's* forms, not

having one of this, and , omitted to score out the 6 and put in, 9. However, the amount was correct at the foot of this column. The Is. 9d. l was struck off the account, and verdict given for the balance. The defendant remarked something about the Corporation getting everything their own way, which was held; a contempt of Court by the Bench",! "and a suitable reproof was administered.