STRATFORD NEWS.

Taranaki Herald, Volume XL, Issue 9266, 16 December 1891, Page 2

STRATFORD NEWS.

[FROM OUR RESIDENT AGENT.] RESIDENT MAGISTRATE'S COURT. December 15. — Before C. C. Kettle, Esq., R.M. Mulree y. Barrows. — MrT. C. Fookes for the plaintiff. In this case the evidence of the defendant was taken iv Wellington, in which ho admitted the debt, but pleaded tho Statute of Limitation. Mr Fookos pointed out that he had not receive \ notice of the plea till sixteen j days after^tho original day of hearing, and that, therefore, it was of no avail. A letter was read from the defendant asking plaintiff for time to pay and confldo in him. The R.M. iv giving judgment for . tho plaintiff, with costs and solicitor's "fee, characterised the conduct of the defendant as most dishonest, and pointed out that the plea put forward was a most immoral one when used to avoid payment of a just debt. i — Mulree v. Williams. Mr T. C. Fookes ) for plaintiff. This was a similar case, and tho R.M. said that the same remarks applied to this case as to the last. Judgment for amount claimed, with costs, and solicitor's fees. — Rassmussen v. Goodwin. Mr T. O. Fookos for plaintiff and Mr J. Barleyman for defendant. Messi'3. T. Perm ami T. M. Smith, tho justices who orginally heard this case, which arose out of a cattlo trespass, took their seats, and, aftor hearing the addresses of counpel, and conferring with tho R.M., delivered judgment in favour of the plaintiff for 20a, costs of Court 13s, and solicitor's fees, £lls. Before the Resident Magistrate sat to determine the above cases he heard the argument of counsel in reference to the petition lodged by certain ratepayers of the County against the raising of the Opunake Road Loan, in connection with which a poll was"recently taken, and tho proposal to raise the loan carried. Mr Barton was for the petitioners, and Mr Samuel for the County Council. The caso was not gone into on its merits, as Mr Samuel raised a preliminary objection that tho R.M. had no jurisdiction to hold the enquiry, and this objection the R.M. sustained. The point was practically whether sabscction 9 of section 37 of " The Local Bodies Loans Act, 1886," in corporating "all the provisions of 'The Regulation of Local Elections Act, 1876,' «« regards taking a poll," incorporated the provisions in the latter Act under the heading of '• disputed elections," and enabled the R.M. under these latter provisions to enquire into the validity or otherwise of the poll taken. Counsel addressed the Court at length on the question, and , the R.M. decided that ho could not proceed with the enquiry. Mr Samuel asked for costs, but the R.M. declined to make an order, holding that he had no jurisdiction. The result is, therefore, that the petition falls to the ground, and the loan will be proceeded with. A good deal of interest was evinced in tho proceedings by the ratepayers, and tho result is generally hailed with satisfaction.