New Plymouth Police Court.
Monday, October 28. Before Major Parris, J.P., and J. Bellringer, Esq., J.P. WHEEL TAX. Henry Hooker was charged with non-payment of the wheel tax in the Taranaki County.—He pleaded not guilty on the ground that he did not own the trap.—Mr Roy, who appeared for the County Council, said as the case was defended he would defer calling evidence till the list was read through. James Mitchinson was charged also with non-payment of the wheel tax. He did not appear. Mr Roy, for the County, said that since the issuing of summons the defendant had taken out a license. He called C. T. Mills, clerk of the Taranaki County Council who proved that defendant had used the County road when he had no license. On Saturday last he took out a license.—Mr Roy said that he called evidence to show that the defendant had taken out his license since the issue of the summons, and therefore he should bear the legal He applied for costs. After some discussion the Bench ordered defendant to pay £1 Is solicitor’s fee, and 2s hearing fee. Charles Humphreys was charged with non-payment of the wheel tax. C. T. Mills, County Clerk, and Michael McHannagan, foreman of the Parihaka Riding, gave formal evidence. The Clerk read a wire from the defendant, stating he had forwarded the money. The Bench ordered defendant £1 Is solicitor’s fee, and Court fees 7s, and to bear his share of witnesses’ expenses. W. W. Johnson was similarly charged. Mr O’Callaghan, the Clerk, said he had received a wire from Constable Ryan, of Inglewood, stating that Johnston had paid 85s, and wanting to know if the same was correct.—-J. P. Kennedy, foreman of the Moa Riding, gave formal evidence. —The Bench ordered defendant to pay £1 Is solicitor’s fee, Court fees, and share of witnesses’ expenses. 6 Michael Bolger was also charged.— In this case the question was raised that defendant also paid tax for Hawera County Council. —Mr Roy said the charge was " using the County Road.” He admitted it was hard, but there were the words of law. —The defendant was fined Is, and the usual expenses and costs. —Henry Hooker was similarly charged, but pleaded non-ownership of the trap that was alleged to be unlicensed. Mr Kerr appeared for the defendant. —Defendant gave evidence that the trap was his wife’s and when his wife knew the tax had to be paid she paid the amount, He did not know if he had driven the trap on the day in question.—Major Parris : Ignorance of the law is no excuse.—Mr Kerr then pointed out the law was arbitrary and unjust.—Major Paris: We have nothing to do with that* The law was made and passed by the Governor-in-Council, and the question is therefore for the County, and not the Bench. We are here to administer the law.—The defendant was fined Is and the usual costs and expenses. Henry Clarke was similarly charged. —His wife appeared and said that her husband’s name was Andrew and not Henry.—Major Paris ; You admit the unlicensed trap is yours ? Mrs Clarke : Yes. Mr Roy ; I would ask that the name be altered to Andrew.—Defendant was fined Is, and the usual costs. —Mrs Clarke asked if it was fair to pay wheel tax if she paid 6d per day for toll, which in the year amounted to £7 17s 6d ? Major Parris said the question of whether the law was unfair or not was not for them to consider ; they had only to administer.—Mrs Clarke: Well, my husband is away, and may be back in six months or four years, and you may consider before you make an order. —Major Parris said the order would be against the unlicensed trap, and was a matter for the County Council to enforce.—Mrs Clarke : Well, the County can have the trap, and I must look to the Charitable Aid Board to support myself and eight children. Wm. Cunnigham was charged with non payment of the tax. He pleaded that he had paid a fee of 15s for a trap. —Mr Roy said that the defendant wag not licensed in his class according to the regulations.—The Bench dismissed the case under the circumstances.
Charges against Louis Patterson and James Sarfcen were withdrawn by consent. Cases against Thomas Partington, William Bishop, H. E. Ballot were also withdrawn. Similar cases were also laid against John Guy, William Geary, Dennis Murphy, Aubrey Cross, Valentine Harrison, Hugh Boyle, John’ McDonald, and Robert Palmer. In those cases Mr Roy asked that a nominal fine be inflicted.—Defendants in each case were fined Is, with solicitor’s fee £1 Is, Court costs 7s, and share of witnesses’ expenses. MAORI GASES. Similar charges were also brought against Kere Were, of Rahotu, Raraenei, Te Hama, Charlie Waitara, Ranau, and Wai Wiri, and in each case the offence was proved by Andrew Coffey, who said that most of the natives referred him to Te Whiti or Tohu for the tax. Each of the defendants was fined Is, with costs 7s, mileage 2s and share of witnesses’ expenses. Tukawau was also charged.—Mr Roy withdrew the case, as the Maori bad paid all but 2s for mileage— Herald.
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Bibliographic details
Opunake Times, Volume III, Issue 139, 1 November 1895, Page 2
Word Count
868New Plymouth Police Court. Opunake Times, Volume III, Issue 139, 1 November 1895, Page 2
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