R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1282, 19 January 1883, Page 2

R.M. COURT.

(Before O. WA^DBLifE.M.) 1 . r BAOOK V PABK.—CONIINCED. J/, Bagge.opntjp.ued j^Mr_\Park, r efased. to pay the late fee of ¥sr Thavoffbre*d : to pay it myself so as to save the trouble. If Mr Park had paid it there ia no doubt it would have been refunded,' Igave Mr Park notice to register within 6 months; they have not yet expired. I have Riven a second notice by instruction of the Registrar-General, ; which I suppose cancelstliefirst.

, To Mr Buuny: Mr; Orayne refused' to give up the books on'the Ist, as he had no instructions. I register births if the particulars are entered and-,.forwarded ,ih; a proper form by people who oannol attend themselves. The whole of Mr Park's objection was that he had attended on the 2nd,and he thought that because he attended then he was relieved from further, responsibility, To Mr Gray: The office for registration is open from 10 to 4on eaoh day except Sunday. ' Mr Gray submitted that the information must bo dismissed. It all arose through the want of tact, or something olaa, of the head of the circumlocution office, Mr W. R. E. Brown, who seemed anxious to impress on the public that ho is the State, Mr Park declined to be" sat upon", and would not pay the. 5s late fee, , when through the cross neglect of the head of the Department in not forwarding the books to the new Registrar he was prevented from registering on the proper date. The Registrar General immediately says" sue him." Mr ; Park could register, any time within 6 months on payment of • ss. That six months was still current. Whyj should; he. then be proseouted for not having attended at a certain time to , give certain information to the Registrar? Mr Bunny held that the defenoe must fail. Mr Park had caused all the.trouble hy refusing to register the .child because Mr Bagge could not do it on the 2nd October,-but he coutd have attended at any time after and registered it. With regard to the 5s Mr Bagge to. save worry, had offered to pay the amount .if would register. Mr Park re--fused to register altogether. ■ - His Worship said he could not take the evidence to amount to a distinct assertion that he did not intend, to register at all. Mr Bunny continued that Mr Park had not attended since the 2nd, and was therefore liable to a fine.

■ G. M. Park deposed: I first called on Mr Bagge to'register my child on the 2nd October. Mr Bagge answered Ican't do iti as the Eegiatrar-General has not authorised Crayne to give up the books. I called again some time afterwards and asked him to register. He told me it was beyond the 62 days and I nriuld have to pay ss. I pointed out the unfairness of fining me the Bs as I had been debarred from registering on the proper day. I declined to pay, He then served me. with a notice calling upon ae to register within six months of the birth of the childand pay the ss. The six months have not yet expired. I' wrote on this summons calling • upon'tho registrar to register without the fee of ss, and returned it to Mr Bagge. then followed the correspondence as before the court. I was in correspondence with the Colonial Secretary complaining of the action of the Registrar-General, when the latter issued the second summons against me. I offered to register if Mr Bagge would guarantee that the . 5s would be refunded, but he would not do this. The child is not six months old.

To His Worship: After I called on the 2nd I considered it was the duty of the registrar to inform me when he' was prepared to register, as I had already called. I thought that I had; three months in which to register the child.. 1 am .at present iin communication with tbe Colonial Secretary on the subject, I knew that Mr Bagge had not the books, and was not awaro that he could register without them, I went partly as Mr Bagge says, to take a " rise" out ofliim, I have not refrained aincefortbe purpose of taking a "rise" out of the bead of the department. I do not recollect Mr Bagge offering to pay the 5s for me, He s4id~ he would rather pay the ss, but never offered to pay it. '

His Worship held that the defendant was liable for not appearing in answer to the summons, hut the technical point raised by' Mr Gray upset the validity of theaummons. whioh did not give the amounUf notioe required by the statute and be'dismissed the information on this ground without costs.

1 Mr Bunny. cave notice of appeal. '■. Mr Gray then applied for coate. . His Worship said costs would be allowed if appeal went on. ■ Thomas Wag's vW.N. Jacobs.—Debt £4 ;19s. Mr Skipper! for plaintiff, Mr Gray -for defendant, who pleaded not indebted.' '

' 'This was a,,claim arising from a dishonored promiiory note. Defendant had incun-ed' the amount of the debt at pjaintifi hotel, and then became bank* rapt.. Plaintiff held possession of a bag left by defeneanf as a lien for the debt. Defendant' applied for the bag, but defendant' refused to give it up without payment, upon whioh defendant gave a promissory note for the amount, which promise'he dishonored. Mr Gray contended that the defendant being. an. uncertificated bankrnpt could not be sued for a debt which was incurred prior; to-his bankruptcy. The bag con-tained-his tools of trade which were his own property.

. His -Worship, however, entered up judgment for plaintiff for the amount and 28s eo«ts.' < v H. Thompson.-Debt £lllos 6. wages, Mr Gray for plaintiff, .Judgment for plaintiff for £llos and £& 17s.costs.

.. Oox .and Krull y J. Ewington—Debl £2o 103. Mr Gray for plaintiffs, Judgment for £lolos and £ll4s costs,

Kinp and Toomath v E. Buokeridge,Dflbt 130 10a and lid. Mr Gray for plaintiffs, Mr Skipper for defendant. Adjourned to next sitting at Maaterton, J- Livingstone v C. A. Brigga.—Debt •£36 18. Mr 6awith for plaintiff. Judgment confessed.

: J. Yile v, H, J, Percy,—Debt 421135. Mr, Gray, for plaintiff. Mr Bunny for defendant, Judgment for plaintiff for £6 18a and £2 8s costs.

D. F, McCarthy vA. Love.—Debt ill 8a 3d. Judgment for amount and costs 7b.

H; 'J. Percy »J. Vile.—Debt £ll 8b 3d. Mr Bunny for plaintiff Mr Gray for defendant. Judgment for £ll9s and ousts lis, that amount having been paid into court, Plaintiff wsa also allowed 21a for bit expenses that day.