DISTRICT COURT.

Wairarapa Daily Times, Volume XV, Issue 4758, 27 June 1894, Page 3

DISTRICT COURT.

MASTEItTON-WLTCESDAY. (Bofore His Honor ' District Judgo -Kettle). Damymple v. W. N. Coontt Council. ■ Mr Jackson, who appeared for tho plaintiff, stated this was a claim for £6 2s for electioneering expenses at the last licensing election, Tho mat*, ter in dispute ivns that while plaintiff stated that ho'was deputy Returning Officer at so much per day, tlio defendants maintained that thoy had agreed to pay tho plaintiff only tlio lump sum of $4 6s. j F. H, Ibbetaon stated that ho was omploycdos Returning Officer for tho district.

Cross-'oxaminod by Mr Beard: He told plaintiff that .ho would allojv him the sumo amount ns ho lmd paid for tho Gonoral Election, namoly, £4 6s Od. Plaintiff agreed to this amount. Ho (witness) lmd mado out tho voucher himself, Plaintiff did net as Deputy Returning Officer.

Re-examined by Mr Jackson: On the General Election he had allowed | plaintiff ono guinea per day and horse-feed as well, Anyone else could havo dono the same distance in 0110 day. He expected his deputies to travel at night. Did not know anything of tho state of the roads, G. S. W. Dalrymple, the plaintiff, doposed he was appointed as Deputy Returning Officer by Mr Ibbetson, wlio said that he would pay witness on the samo terms as at tho general election, namely one guinea a day for himsolf and 15s for his conveyance. The reason why lie did not return earlior was that, having a large number of candidates he did not reach the telegraph office until 8 p.m. After sending his message, ho found that there was no clmnco of getting back, because the Kopuaranga Bridge was under repair. The only other way back was the Nortlvcroft Road which was unmetallcd and which he did not think safe for a man to drive along at night.

Cross-examined by Mr Beard: Would Bivcnr that tlio Kopnaranga bridge was undsr repair, There was 110 moon The Novfchcroft Road was not considered as a short-cut into Mauriccvillc. Mr Ibbetson did not say anything about cutting down expenses. . By His Honour: He would not swear tliat Mv Ibbetson did not mention the cutting down o{ expenses, but would swear that lie (lid not remember his saying any thing about it.

Murdoch McKenzie deposed that he was a contractor residing at Kopuaranga, Block, He knew the Northcroft road. When Mr Dnlrymplc came down it the road was in a bad state, It was not safe for strangers to travel along it at night, By Mr Beard; Did know that a traction engine had been along the road, but did not think it was safe to travel at night. There was notice givou that tlio Kopunranga bridge was closed for traffic at the dato of Mr Dalrymplo's travelling, Mr Beard stated that lie would call no witnesses for the defence,

His Honor, in giving judgment, stated that there should have been an agreement in writing for the appointment. Ho considered that two days was quite enough for a job of this kind, and would give judgment for plaintiff for £i 6s, Ho would not allow any costs. Mr Beard pointed that he had paid £6 4s into Court and applied for costs under tlio " R.M, Court Act." ■

After discussion His Honor admitted that ho bad 110 discretion in tho matter. • The Act stated that he must allow not less than three guineas for defendants, together with 4s for witness' expenses, the case having been brought into the District Court by the plaintiff. Tho Court then adjourned until 2 p.m. .