AN EXPLANATION.

Clutha Leader, Volume III, Issue 112, 1 September 1876, Page 5

AN EXPLANATION .

TO THE EDITOR.

Sir, — I have been informed that my name was brought forward in a disagreeably prominent manner by the Clerk of the Puesident Magistrate's Court at Balclutha on Wednesday, 23rd instant, when the case Black v. Smith was called for hearing. As I have heard different versions of the Clerk's remarks, I do not exactly know what they were, but he evidently implied that through seme fault of mino the summons was not served the full 48 hours befdre hearing. Now, the Clerk Knows very well that I did not serve the summons, as the affidavit of the person who served it was endorsed on the back of the copy sent to Court. So I can only account for his un-called-for remarks by attributing thorn to his jealousy at my having issued tho summons on the application of the plaintiff (which, by law. I was compelled to do, and had not the power to refuse, as a Justice of the Peace, for the word used in. the Act is " shall;'' and not '' ihay "), instead of sending the plaintiff a. journey of some 70 miles, for I cannot for one instant suppose that his conduct was intended to show tlie public' his influence over the Resident Magistrate !

As the defendant was present in the case referred to, I will quote the highest Colonial authority on the subject to show that he was wrong in law.. Judge Johnston, in his " Justice of the Peace," section 338$ says : " The actual appearance of the defendant removes any objection to the validity of the summons of service of it." — I am. iSrc, . W: H. S. BobertS. "Waipahi, August 28, 1876.