R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2645, 12 July 1887, Page 3

R.M. COURT.

MASTERTON-MONDAY,

(Befoio S. Vox Stoujier, R.M.)

The following cases were heard yesterday after we went to press :~ BREACH OF RAILWAY BY-LAWS. W. F. Howlett of Pahiatua was -charged with giving gratuities to a railwaysorvant, to wit: J. H. Woodhouse, station master Mungamahao. Mr Bunny appeared for the prosecution, ' The facts of the case as admitted by defendant were, that between August, 1886 and the present time the defendant gavo Woodhouso three several sums, viz,, £1 3s 6d, £2 2s. and £2 Is, which were obviously as a recompense • for extra services performed by him for the defendent, who was in the habit of receiving large consignments of goods and parcels by the train, and which, uulcss specially protected wero liable to bo damaged by weather and detention. Through some mismanagement on tho line, the defendant wrote to the traffic agent, and during tho correspondence which passed between them, tho defendant admitted paying Woodhouso certain sums as commission for looking after the goods that came consigned to the defendant. Hence the present action. Defendant pleaded that the by-law was obviously ultra vim as it prohibited acts of a notoriouly lawful character. Under it a father could be sued for giving a birthday present to his son. He said the payments werenot given as gratuities, as he expected definite services outside.the railway servahts specified duties- Ho produced and read-the correspondence that passed between the head of the Railway Department and himself, on tho subject. His Worship in giving Judgment, ruled that defendant did pay thomoney as gratuities to J, H. Woodhouse contrary to the Railway By-laws. He held that defendant was blameworthy in his action, for being a man of such intelligence must have known that-he was doing wrong. He considered defendant did a very wrong action in leading the station master into trouble —as he did by giving him the money —and thqn informing tho Government of the fact. Defendant was fined £5. Spillene v Beckinan, claim £l4 8s lOd. Judgment for £6 Is 8d without costs. H, Thomson v Neill, claim £lO damages, illegal seizure of a horse. Adjourned till Wednesday.