RESIDENT MAGISTRATE'S COURT, HAMILTON. Tuesday, November 16, 1875. (Before W. N. Searancke, Esq, R.M.) Drunkenness.

Waikato Times, Volume X, Issue 546, 18 November 1875, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON. Tuesday, November 16, 1875. (Before W. N. Searancke, Esq, R.M.) Drunkenness.

John Anderson charged with being drank and incapable, pleaded guilty, and was tin*l ten shillings and costs or fortyeight hours imprisonment. Civil Cases. Knox r Ball. Claim £2 2s, t»1u« received. John Knox deposed that he had demanded the money and that it w*s still owing. Judgment for amount claimed. Martin Fitzgerald v Hedger and Laing. Mr Madden for plaintiff. Mr Whitaker for defendants. Mr Madden said that the action was brought for the vulue of a steer which Hedger and Laing had driven away without any right to do so, and that they had refused to return it. Mr Fitzgerald deposed : I reside in Hamilton. In the month of July I had a, two-year-old steer running in What* Whata. It was spotted dark brown and white. I hare not 3eeu it there since. I first missed it on the 2nd September. James Hunter informed me it was missing. I saw Thomas Hedger about it in the presence of Laing, I asked him if he drove a steer of mine down, but he denied it at first. I told him he was seen on the 30th July with it, close to Ngaraua wahia, he owned then that he had driven it, and said he would fetch it back. If he did net find him he would pay a reasonable price for my steer. He said if he brought him back he woiild give him up to Mr Fergusson or Mr Dawson. I met Mr Laing close to his shop ; I told him I would sell him it for £7, or if not he must drive it back. SLI was a fair value for it.! He never sent word he had taken it away. By Mr Whitaker : Ido not know where the steer is, I have not looked for it. I dont know but what the steer is in Whata Whata at the present moment. I am not prepared to swear the steer is not in Whata Whata. By Mr Madden : I was in Whata Whata on Friday and did not see it. Patrick Ballerly deposed : lam a settler residing at Whata Whata. I remember seeing Mr Laing on Sept Bth. I was present during a conversation between Laing and Fitzgerald. Laing said he had tried to cut the steer out, but was not able j to tell if he got to Ngarua wahia, He said he would leave it with Dawson. I met Mr Hedger on Friday last, and be said he had found the steer and had tried to put him back but could not. By Mr Whitaker. I should value him at j£s or JE 6. James Hunter deposed, lam a boshman, residing at Whata Whata. I remember seeing the steer in question close to Ngaruawahia. It was about five chains from the road. I have known the steer twelve months. William Fox deposed. lam a settler residing in Whata Whata, I saw Mr Laing on Sept Bth. He told me Mr Fitzgerald had been to him about the steer, that Fitzgerald wantod £7 and that he valued it at Jg2 10s. Mr Fergusson deposed. lam a settler residing in Whata Whata. I have known , the steer since* it was calved. J should value it at £6 or X - 1 aair it last in July. Mr Hedger being called deposed. I live in Ngaruawahia, I am in partnership with Laing. I remember seeing the steer of Fitzgerald. I saw it close to Ngarua. wahia. We never drove it down. He might have been at Whata Whata, if we had not brought tho mob of cattle from the

King country. I told FitegeraH if tfa beast did not go back I would look for iL and if I found it I would take it back, I saw the fceaat on Friday last By the Court : I have spent fire days looking for it This was plaintiff's case. Judgment was than "given for Hedger and La ing. John Wilton, Appellant v the Waifcoa Highway Hoard, Respondents. This was an appeal to the Resident Magistrate's Conrt from tfce rating by the Trustees of the Waitoa Highway Board. Mr Whitaker appeared for the appellant, and Mr Hay for th« Respon<tents. Mr Whitaker opened the ease of the Appellant He said that this appeal was had under the 6th section of the Hirhfctw Boards' Empowering Act, 1871. ItiJaa there provided that any person feofa'njr himself aggreived with the unfairness or incorrectness of the valuation of any rateable property, may upon complying with certain formalities appeal to the ft AC Court, and if his complaint be founded on justice, the amount payable by the appellant may be reduced to such sum as to the Magistrate may seem just The feats in the present case were as follows. Major Wilson is a ratepayer of the Waitoa Highway District He owns about 22,000 acres, nearly 8,000 of which are leasehold. A rate was struck throughout the whole district of Id in the pound, the estimated value of the land being fixed at £1 per acre. Major Wilson objected to p»y the same amount of rate upon leasehold property as upon freehold— hence the appeal. Major Wilson gave evidence as to the above facts and Major George, Otairman of the Board as to the striking of iterate. Several members of the board deposed to the value of the land. Mr Hay urged on behalf of the Board, that the Highway Boards Empowering A«t, 1872, sec 3, was conclusive on the point of the method of rating. Hie rate must be struck on the value of land to sell or upon its annual value, and thai by the Highways' Ac*, 1874, the owner or occupier of such land was liable. Major Wilson was the owner as tenant in common with otbeTs, he having acquired certain portions of the native title and he was therefore liable. Mr Whitaker said that the * person 1 * who flhonld pay the rate was the one who really derived the beneficial interest It was quite true the land must be rated, but the rateable property of Major Wilson in the landhold was only tho term of years he had acquired. The value to sell of this interest was all he could fairly be credited with as rateable property. After a long discussion His Worship deferred judgment until nexfeConrt day.