Waipawa.

Daily Telegraph (Napier), Issue 5634, 19 September 1889, Page 3

Waipawa.

[OWN COMIESrONDKNT.J

The R.M. sat at noon yesterday to revise the Stock-owners' Roll under the Rabbit Nuisanco Act, ISS2, and its amendments. Mr Parley, Heturning Officer, attended, and applied to havo several additions made, and he proved that tho requisite notices had beon duly given. There being no objections the"additons wero incorporated with tho roll, which was rigned as correct. The usual sitting of tho K.M. Court was held yesterday, G. A. Prtece, iisq., and Mr S. Johnson, J. P., occupying the Bench. There wero no criminal charges, and the civil oases presDiitud, without exception, no feature of interest. Judgments for plaintiffs wero given in the following canes:—Mail v. C. Liirsen, claim 235, with 26s costs; Mail v. Gannon, claim 26s 10d, with Ts costs: Mail v. L. Larson, claim «os, 20s paid, judgment for los, with 0s costs : H. T. Arrow v. C. Lursen, claim £31 17s lid, for rent and interest, with costs 555, solicitor (Mr Louehnan) ols Cd; Gould v. Coiuman £3 18s lud, judgment for 10s 6d, with 7s costs : A. C. Scrimgeour v. Colucuin, claim £2 Ms Gil, non-suited without costs; 11. Beechen v. Coleman, claim j £2 2s lOd, also non-suited without costs. Six cases wero settled, one withdrawn, ono four adjourned, and three not served. In giving judgment in Scrimgeour v. Coleman His Worship gave tho following important decision : —This was a case iv which tho plaintiff was summoned to attend as a witne* , * in regard to an

dictable oifence at Palmerxton North,

iv which case tho defendant was tho informant. Tho plaintiff and two other witnesses attended from Waipawa on Gth Juno, when tho caso was adjourned for eight days. On 1! tli Juno the plaintiff and another witness refused to attend unless their travelling expenses were paid. On

18th Juno the caso was withdrawn. The witnesses did not appear at tho Palmerston Court, and tho defendant informed them by telegraph that they Would not bo required to attend. The plaintiff now claims his actual expenses fur attendance, and an allowance uccording tj the scale under the regulations for criminal prosecution published in tho N.Z. Gazette of 10th Oct., IHB2. It was urged by tho learned counsel for the defendant that there was no jurisdiction ; that no material part of the claim arose within the district; that tho summons for the indictable caso was issued in Palmerston North ; tlmt it was ihe duty of the plaintiiE to att«nd there ; that no claim for expenses could arise until he got thero ; that the plaintiff should have attended tho Court on the adjournment to claim expenses ; that the only peroone who had the power to grant expenses were the Justices who presided over the caso at Palmerston North ; that tho cose was an indictable one, and there wus no distinction between polices and privato prosecutor ; that the fact'of a private person laying tho information did

not effect the case, as it was competent for anyone to lay an information of a public nature. In support be quoted Collins v. Godfrey I. Barnwell and Adolphus p. 950, Dicksou v. Adams, Coke's Reports, Nokea v. Gibbons, 26 Law Journal, now series Chancery p. 208, Will v, I'ago I. Carrington Kirwin, kc. Tho loarned counsel for tho pluintiif urgod that the jurisdiction points were over-ruled by tho Justices of the Peace Act, 1888, but that iho common law rights wero not affected, and, further, with respect to jurisdiction, that the summons wu.-» served in this district and tho fures paid within it. luaupporthe quoted Groves v. Somervillu II Jurist roports N.S.P.I. I have considered the points raised, and at tbo first sight I was in favor of tho plaintiff's contention, but on reference to the cases quoted and to a number of others, I am that thoro is no other mode of recovering claims of thin nature than by attending !it tho Court and asking for an order for costs under Section 0 of the Justices of tho Peace Amendment Act, 188 S. This proviition appears to havo been made to prevent private persons.setting tho criminal law in motion, and then withdrawing thft case and offering no evidence. Therefore, he would give a nonsuit in this case, as also in that of liceclieu v. Colernan, but without costs. Mr Gould was for plaiutiff, and Mr Hawkins, of Palmcrston North, for defendant.

The Waipawa School Committee held a special meeting at noon yesterday, when Messrs Hornsby and Bennett were appointed supervisors at the synchronous examination to be held on '2nd November next.

Mr. John Long has met with a nasty accident while practicing for the competition on Friday. AVhile throwing clown the arms of tho manual the third linger of his right hand was caught, and the first joint was completely suvered. Everyone regrets the accident, which alt-o puts a promising man out of the competition.