R.M. COURT, HAMILTON. Wednesday.— (Before Mr H. W. Northcroft, R.M.)

Waikato Times, Volume XXVI, Issue 2112, 21 January 1886, Page 2

R.M. COURT, HAMILTON. Wednesday.— (Before Mr H. W. Northcroft, R.M.)

Creating a Nuisance. Thomas Qiultrough was clunjod with leaving the remains of a .steer on the public rind ne.ir Whatawhata, and creating a public nuisance. Defendant admitted the offence, and said the trouble arose through a niUundei standing. The beast belonged to Mr Skeates, and was killed on the spot because it was knocked up. Defendant was under the impression that Mr Skeates was to bury the offal, and that gentleman had, it had since transpired, been under the impression that he (defendant) was to see the remains disposed of. The case was dismissed with a caution.

Civil Cases. W. M. Hat v. Churman, Councillors AND IXHABirAXrS OK THE COUNTY OF Waikuo.— Claim, £2 3s Gd. This was a claim for counsel's opinion on validity of county byoliws, £2 2s; drawing bill of costs Is, and registration of same M. — Mr Hiy appealed iv person, Mr O'Xeill for defendants. Mr Hay called Mr Warner, who proved the registration of the bill of co.sts, and also that Cant. McPherson, county clerk, had called on Fiiday, the 23rd May, 188 1, for the opinion, and was annoyed because the opinion had n>>t been posted to him. (It auhssqut-ntly appeared that thu clerk inspected the press copy of the opinion.) Mr Hay stated that Capt. MePlier«.m had instructed him to give the opinion, and that no definite time was fixed for giving it. He had promised it on several different days, but that was subject t > his being able to have it ready — Capt. McPherson said the council wished him (Mr Hay) to find authorities to uphold the validity of the county's bylaw.-, as to slaughtering. It was a veiy difficult thing to do. HotoldCipt. McPher&on at rii.st that by-law 13 saemed t> b-i iiltri viies. Siw Capt. McPherson on Thursday, 22nd May. Promised to have opinion ready for him next morning to post to Capt. Steele. Capt. McPheroon said it was of the greatest importance- that Capt. Steele should have tlie opinion at once, and that he would be found at the Auckland Club. Waited for dipt. McPherson until .ifter the mxil closed on Friday, then addressed the opinion t-> Capt. Steele and gave it to Mr E. B. Walker to post in Auckland. Ab nit the 2(Jth May, I received the following letter from Capt. McPherson : — Kiiikiriroa, Friday, 23rd May, 183 J. W>r. M. Hay, Esq., Solicitor, Hamilton. Silt,— On 15th inst., by direction of the chairman Waikuto County Council, I waited on you at your ofHce, and requested your written opinion as to the legality of Section 13 of the county by-laws. You engaged to give that opinion on SaturJay, the 17th inst., or on Monday, the lOch iint., at f.uthe->t. I bent a messenger to you on Monday, when you stated the opinion would be ready on Tuesday. I sent on that day, when you promised to have it ready on Wednesday. I sent on that day, when you stated that without fail it would bo posted to me on Thursday morning. It was not posted. I called on you myself on Thursday, when you promised in an earnest manner that it would be posted on Friday morning, thia date. I enquired at both post-offices, but received no letter from you. I called at your office, and your cleilc, Mi Warner, stated he had not posted a letter to me, but that probably you had done so. I told him you hul not, and asked him to look on your iabb for it. He did s), without being able to rind it. I hwe now to inform you that I decline to leceive or pay for your promised opinion.— Yours truly, J. McPheuson, Clerk Waikato County Council. Witness sent the following reply :— " May 2G, 1884. To Jas. McPuniisov, Esq., Clerk Waikato County Council. Sir,— Your letter of the 23id instant I have just received. It is true you sent a messenger to me several times for the opinion I promised to give the council on the validity of its by-laws and also that I did promise to ha. c the opinion ready at ceitam times, and that I was unable to do so. I may as well tell yon at once that I decline to be hurried by anyone in the giving of my opinions and especially so in a matter so difficult as ultra vires. While I am on this term I must take the liberty of stating that I think you are somewhat given to ultra vires. Your letter— as well as your by-laws— is ultra vires so far as it relates to the payment of the fee for my opinion. I don't wish you to give yourself any anxiety about my fee, for I am sure to get it. The council lias too much good sense not to see that your letter was wntten in haste, and you yourself, I feel sure, will, when you become more composed, gladly send me a cheque on the rendering of the account.— Yours truly, W. Macguegou Hay. P.S. — The opinion was sent to Captain Steele, Auckland Club, by Friday m»rnmg's mail. I waited until the last moment to see if you would come in for it, as I understood you were to." At this stage the Resident Magistrate stated that he had much rather not proceed with the case, as the letter reminded him that he hid heard a conversation between Capt. McPherson and Mr Hay's elsrk about the matter. After some discussion about the difficulty in getting justices who were not interested in the cisc, either as witnesses or councillors the R.M., by request of bith paities, reluctantly proceeded with the case. • Witness continued : Have mado various attempts to obtain settlement, but without avail. Capt. Steele stated that he was chairman of tha council in May, 1884. and received the opinion in question from Mr E. B. Walker, who either delivered it to him or told him it was in the club rack. Mr Walker said he had received it from Mr Hay on that morning. Could not positively state the day, but think it was on a Friday night. He did nothing with the opinion in Auckland. Had he received it earlier he iv tended to have used it in Auckland. He gave it to Capt. McPherson next day ensuing on arrival in Hamilton. His opinion was that the opinion should have been mid for. The letter written by Capt. McPherson was not authorised by him It was ultra vires. The press copy may have been shown to him after his return to Hamilton but he did not think it was. For the defence, Capt. McPherson was called, who said he was clerk to the council and that the defence was contained in his letter of 23id May. He denied having on the 22>id Miy directed Mr Hay to send the letter to Capt. Steele, or that he would come in early in the morning to receive it. He lnicrht have said that it was imp irtant Capt. Steele should get the letter at once, but he should have got it first to annex- some papers to it and send it to him. Hesketh and Richmond's opinion taken subsequently to Mr Hay was practically similar to Mr Hay's. In answer to the bench, Capt. McPherson admitted having inspected the press copy and having known the opinion was adverse. He may also have then expressed the opinion that the bench and the bar had combined to give wrong opinions and that it would ruin the county. The R.M. gave judgment for the amount claimed, £2 3s Gd, and £3 Is costs. N. R. Co\ v. G. Davis.— Claim, £2 10s for goods.— Judgment for amount and costs. C. D. Emery v. H. McDonald.— Claim, £1 16s for wage.—J udgment for amount and costs.

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