RESIDENT MAGISTRATE'S COURT, TE AWAMUTU.
(Before Ciiptain Jackson, R.M., and Hone Wetere, Native Assessor.) Kim Katipa v. Kukei Kaihau, Hote Thomson ami llaiuwhun'ua.— Claim the return of three horses or £1(1 —their value — togethei with £13 IDs, hire of said horses, and £5 special damages for wrongful seizure. Mr Hay for plaintiff. This case arose out of a case tried before a Native Court, of which the first-named defendant was magistrate, Hote Thompson, sergeant of native police, and Hariwhenua the plaintiff in said case. Judgment was entered up against a native named Roha for the sum of £33, amount of judgment and expenses. liohe, not being in a position to pay, a warrant was issued by Kerei Kaihau (the native magistrate of Whutiwhatihoe), and Thompson, together with a posse of native police and Hariwhenua went to execute it. Roha said he had nothing to seize, which statement was corroborated by the plaintiff in the action before the European court. The terms of the warrant issued by the Native Court were that if anyone interferred in any way, by speaking or otherwise, his goods wore liable to be seized also. For speaking as he did three of Kiris' horses were seized on the spot, hence this action. After hearing a great- deal of evidence on both sides the magistrate gave judgment for the return of plaintiff's horses, or £11 10s and £4 damages for wrongful detention, and costs, amounting in all to £28 10s. Kerei Kaihau did not appear in answer to the summons. The horses, after being seized, were sold at Whatiwhatihoe, by order of Kerei Kaihau. who refused to return them when applied to by plaintiff. The defendants have found out to their cost that playing at law is rather an expensive game. This was the only case before the court.
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Waikato Times, Volume XXXII, Issue 2606, 26 March 1889, Page 2
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302RESIDENT MAGISTRATE'S COURT, TE AWAMUTU. Waikato Times, Volume XXXII, Issue 2606, 26 March 1889, Page 2
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