MAGISTRATE'S COURT

King Country Chronicle, Volume XXVII, Issue 4461, 24 October 1933, Page 4

MAGISTRATE'S COURT

LIGHT HEARING. The sitting of the Magistrate's Court in the local courthouse this morning was the shortest Magistrate's sitting that h#s been held in Te Kuiti for many months. Mr. F. Levi en was the presiding Magistrate. Wandering Stock. Dick Barnett, a native, was charged with allowing 18 head of stock to wander on the Kaeaea Road on 2nd September. The evidence of the defendant and the County ranger, K. H. McKenzie, conflicted. The former held that for the last 12 months the holding paddock from which it was alleged the stock had strayed had an effective seven wire fence. As a result of this the Magistrate adjourned the case to allow evidence to be brought on this important point on November 6, the losing side to pay the costs of both parties. Royalty on Posts. The Waitomo County Council sought to recover £2 14s from Geo. Turner, being royalty at the basis of £2 a hundred for 135 totara posts taken from the Waipa River Road. Mr. Mackersey appeared for the County Council and the defendant conducted his own case. F. C. Perry and R. H. Browne stated that the defendant had called at the County Council offices and admitted taking the though, he cavilled at the price. R. H. McKenzie stated that he saw 135 posts in a local timber yard, and that he was told they had been received from Turner. The defendant stated that he went to the ranger about the matter in the first place to inquire about the posts and was referred to a timber merchant. However, this man did not want the posts, but as witness was interested in the block througli which the road ran, he thought that it would be right for him to take the tree and pay a fair royalty, about the usual basis of £1 a hundred posts, especially as they had only been second grade. He had offered the engineer 27s but this was refused. Only 113 posts had been taken from the road, the others coming from his own property. During the course of the proceedings a minute of a County Council meeting was read, showing that Mr. Pask, the man to whom Turner had been referred, had received a quote of £2 a hundred for royalty on totara posts from the County. Mr. Browne stated that this was the basis on which the County worked. - After reviewing the case at some length, His Worship gave judgment for the plaintiff for 40s, on the basis of about 135 posts at 30s a hundred.