R.M.COURT.

Wairarapa Daily Times, Volume XV, Issue 3493, 24 April 1890, Page 2

R.M.COURT.

MASTERTON—THURSDAY. (Before Colonel Roberts, R, M.) CIVIL OASES. S. P. Beard v A. Selby.—Claim £683 for medical attendance, eto, Mr. Beard fof plaintiff. Judgment for amount and costs, Wickerson and IVagland vJ. J. Mills.—Claim £8 foe goods delivered, Judgment for amount and costs. J. Fleming v W. Tricker.—Claim £ll7a Gd, balance due for wages, Mr Bunny for plaintiff. Judgment for amount and costs.. 0. A. Pownall vW. ■ Stammrd.— Claim £[, for money advanced. Judgment for amount and costs. G. Moore v, Inhabitants of. Whareama Road District, Claim £2.17s Bd, amount expended by instructions of Wbareama Road Board, with interest ou same. Mr Beard for plaintiff, Mr Pownall fur defendants, Mr Beard explained the case, after which be produced tho minute-book of the. Board, which authorised by resolution the expenditure of the amount,. Mr Pownall did not admit the legality of Ihe resolution passed nor the authority given. Mr Geo. Moore, who was placed in the box, was asked by Mr Pownnail, in cross-examining, for a sketch ot tbo district road on which the amount had been expended and the Eparaima road where it joined it. Mr Moore submitted that he was not called upon to. produce tho sketch required, It could be procured from the Clerk to the Board. Mr Pownall said that under crossexamination he was compelled to give it.

After soma discussion, and at the request of the Bench, Mr Moore drew a plan of the roads referred to. In reply to Mr Beard, Mr Moore stated lie had expended the £2O voted on the Hue recently laid off by Mr fiawson, as instructed by the Board, Cross-examined by Mr Pownall, Mr Moore said that part of the money was expended in filling in culverts. None of the £2O was spent on a large culvert between the Unti Eoad and a road where Mr Eawson's land commenccs.or in front of his property. A second resolution came before the Board that he be instructed to expend a second sum of £2O, but in contravention of the Road Boards' Act this resolution was not put by the Chairman. Mr Pownall: Who moved this resolution ? Witness; The minute book will tell yon. Mr Pownall: But are you not in a position to state ? Some discussion hero took place between Counsel, and the Court having requested Mr Moore to answer the question, he stated ihat he moved the resolution himself, A specific sum had been borrowed, to be expended on Eawson's lino. Remembered the adoption of the expenditure on the road being brought up, but could not remember the date. There were two loans originally " applied for, £BOO and £2OO. The L2OO was not applied for for the old road. A large portion of the loan of £2OO was spent on Mr Girdwoo'd's contract 1 on the old district road, Understood that tbo loan of £2OO was borrowed for expenditure ou Eawron's line, The resolution passed at the meeting did not in bis opinion refer to the old district road, There was no uncertainty in his mind as to which road the resolution referred to, The minutes read with reforence to the second resolution were correct. Had not seen plans prepared by Mr Bremner, Did not know that Mr Bremner was authorised to prepare plans for the work on the old distriot road. Could not say whether he was present when Mr Bremner's plans were brought before tbo board and authorised. Believed petition was prepared in 1887. The loan of £2OO was originally intended to be expended on Eawson's line, The reason he seconded the resolution for the expenditure of the amount on Eawson's line was that he considered it the better road. Eawson's line had not been adopted by the Whareama Eoad Board prior to the meeting at whioh the petition was made for the loan. Did not admit that he had a direct interest in the road at a meeting held in the following January. Did not vote on the matter, because ho was of opinion' others might think he was interested, His reasons for voting for an expenditure on the road subsequently, was that it had been then adopted. Part.of the road was his property before ho gave it to the Crown, Had not recently forwarded an undertaking to the Commissioner of Croim Lands. ■ (Left Sitting).