R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3308, 13 September 1889, Page 2

R.M. COURT.

MABTEKTOST—TUUBSDA Y. (Before Col Roberts, R,M.) Shortt and Beid y. G. Laurie. Judgment summons .£B7. Mr Bunny h plaintiff, Mr Beard for defendant. No order was made. James Walker v, R, Everndcn, claim £ll for work (lone. Mr Powiiall for plaintiff, Mr Board for deiendant. The amount was not disputed but the agreemeht was that timber should be taken for the value of labor, Judgment waa given for amount paid into Court by the defendant who was allowed his expenses. . S. 11. Wickerson v. J. Emmett, board and Lodgiugs £5. Judgment for £3, and costs £1 9s, MASTERTON-FBIDAY. SIIEE1 1 ACT. J. Drummond v Quirk.—Breach of Sheep Act by exhibiting sheep infested with lice in Messrs Lowes and lorns' sale yards on 28th August. Mr Skipper appeared for defendant, who pleaded guilty. Tlio minimum penalty of 20s, with 7s costs, was inflicted, JHKACII OF BOROUGH DY-LAWS. Ah Toy,' for a breach of Borough by-laws, in lighting an open fire on hjs premises, was fined Is and 2s costs. HAiraiT AC'{. J, Drummund v, F, M, Ollivicr, Defendant was charged under the 9th section of the Rabbit Act with

failing to destroy rabbits on bis property at

Mr Bunny appeared for tli3 prosecution, and Mr Pownall defended. The summons bad been served on Andrew Wyllie, the manager of Mr Ullivier's estate. Mr Pownall contended tho summons, should have been served against lite person on | whom notice is served, and referred his Worship to sections Sand Oof! the Babbit Act, 1881 Ho submitted the Act never meant that the notice should be served on one person and the summons on the other. There was no provision in this Act or the Justice of Peace Act for service on owner through an agent, although the agent if came under the nterprctation of owner can he served himself. If that was so Mr Pownall contended the summons had not been served on owner in the present case, and be would ask that the charge be dismissed with costs.

Mr Bunny was of opinion that the proper procedure had been carried out in this matter, Tho wording of the notice was served on. Wyllie as agent for tho proprietor. Tho summons was served oivWyllio as agent for owner, who is residing in England. Tho Act, to his mind, states that the servant is responsible under the Act. Although information was laid in this way, his client was not taking personal action against Wyllie. He was prepared to show that the summons had been served on defendaut as law prescribed. • His Worship here intimated that as lie would require a little time to consider tho objection raised, be would hold his decision ovor till later on. John Drummond v. B. B, Mere'dith, Breach of the Babbit Act in failing to destroy rabbits on the Waironga estate. Mr Bunny prosecuted. Defendant conducted bis own case. Defendant stated ho was not tho owner, and that the notice to destroy rabbits referred to part of Waironga, whereas tho information applied to the whole property, Tho notice was indefinite. Mr Bunny, by permission of tho Bench, then amended the information so as to include the words "part" of the estate occupied by defendant. Defendant objected to the amendment on the ground that it was nn'sloading and entirely altered tho information. Tho Court over-ruled the objection, James Wallace Smith, Babbit Agent, knew the property of defendant which contained about 1,100 acres. Visited property and reported to Inspector that he'was not satisfied with the steps taken to destroy rabbits. First inspected tho Waironga on 23th July hi company with Inspector, Was also thore oil 21st August ami found rabbits quite as numerous as on previous visit. Defendant was fined 4'5 including costs, (Leit Sitting.) ' The Municipal Election.

The interest taken in tho election of three Councillors for the Borough of Mastcrton, yesterday, was very considerable, Notwithstanding the inclemency of the weather buggies were plying all day in the interest of the candidates, It was understood before the nominations took place that an endeavor would bo made by one side to secure tho return of three Benallites, and of the three retiring candidates, Ore Eton, Cullcn and j Gapper, it was decided to seek a tnoro certain supporter of tho Mayor than the last named and Mr T, \7aggwas chosen, These three named wero announce! to stand on the one ticket, and a ' strong working commHteo was formed to act in their interest, Not only so, but His Worship the Mayor did battle for them personally, and at a public meeting convened by him at the request of certain ratepayers, ho deliberately told the burgesses who, in his opinion, they should vote for to conserve their own interests. On the other hand there was as much determination displayed to counteract the mayoral party's return, and the result wan successful, At a quarter to seven o'clock the 1 poll was declared by the Returning Officer, Mr It, Brown, and the cheering, when thethreo highest were named and declared duly elected, was loud and hearty, The following are the votes recorded: Chamberlain, E, E.... '2OO Gapper, S. E. ... 191 Mason, T. G. ... 183 Ciillen, W Id ■ Wagg.T 150 Eton, H.E,... .., 135 Informal , 3 Mr Chamberlain thanked the burgesses for returning him again as their representative and for the honorable position in which lie. had been placed on tho poll. He would, as on previous occasions/endeavor to the best of his ability and judgment, to serve them well. Whilst liewasnot willing to, undertake works that Would increase tho burdens of the ratepayers he would always give due consideration to any reasonable proposal brought before the Council. (Cheers.)

Mr Clapper said he expected to 1 find himself at the bottom of tlio poll, He had taken no part in the ' election that day as lie bad been twitted in tlio Council that tlio ratepayers would turn bini out, He 1 thanked them for their confidence and would in future as in the past act without fear or favor. If at any time his actions in tho Council met with their disapproval all tli'ny need do was to turn him. out,' (Hear, hear.) Mr Mason said he certainly oxpected to get returned as he hud fought for a side and a principle, The Mayor had failed to carry out his policy in the Council, and ho considered he had seen his best days on the policy. (Hear, hear, and ho, no.) He again thanked thorn and made way for Mr Cullen, who was received with cheers, and said although he was defeated he was not conquered. His position on the poll was no more 'than he could expect with such an array of talent against him, He should como for. ward again on the first opportunity. It was only on tho water supply he had been thrown out. Mr Eton thanked all those who had given him their votes, It ms not the last time that he would come forward on the same lines he had stood upon at the present time. He concluded with proposing a vote of thanks to the Returning Officer, ut ho dismissed the meeting with his blessing,