RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume XVII, Issue 1050, 14 June 1884, Page 3

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

" Purging " the County Roils. A sitting of the R.M. Court for the purpose of hearing applications for relief under the 47 section of " The Counties Act, 1876," was held in the Courthouse, Lawrence, before J. N- Wood, Esq., R.M., on Monday afternoon, when the following objections were dealt with :—: — BEAUMONT BIDING. Henry B. Heaps was objected to as being wrongfully entered on the roll for Beaumont Riding. Mr M'Coy appeared for the objec* tor, and Mr Finlayson for the respondent. Mr M'Coy called Mr Heaps, who, on being sworn, said that section 2, block xxin., Beaumont, was occupied and leased by him from his father for twelve months, and that he had a lease to that effect, which was produced. The document was in the following terms :— "This i 3 to certify that Henry B. Heaps is the occupier of section 2, block xxin., Beaumont. Signed, Joseph HEAPS—7th June, 1584." Mr M'Coy said that it was quite evident the lease, such as it was, was drawn up to meet the case. However the paper was of no consequence ; it was not a legal document. It was also dated after the 31st May.— Witness, on being cross-examined by Mr Finlayson, said that he became the occupier of the section on the 20th of November, 1883. He leased it for twelve months, and paid three months' rent in advance.— Mr M'Coy called Mr Cummings, butcher, residing at Beaumont, who, on being sworn, said the section referred to was his property, but that there was a verbal agreement with Mr Heaps that the property would be transferred to his brother's eldest son, when he paid for it. No money had aB yet been paid. There was a wood and iron house on the land, but he never gave Henry Branch Heaps permission to occupy it for six months. — Name struck off the roll. Joseph Priestly Heaps.— Mr M'Coy for objector, and Mr Finlayeon for respondent. Similar objection. The same evidence was adduced. — Name struck off. Robert Withers. — Similar charge. Mr M'Coy for objector. Mr Harrop stated that Dr Withers was in Melbourne and would not return till about Wednesday next. The Doctor had paid rates for the land, which was leased irom him (Mr Harrop ) Mr M'Coy said, to save trouble, he would withdraw the charge, as he did not suppose the Doctor would take advantage if he was wrongfully placed on the roll. — Case withdrawn. Donald Boss Hunter. — Similar charge. Mr M'Coy for objector. Mr Hunter said tbat he believed he paid rates for the section last year. He had a verbal agreement with Mr Harrop for the lease of the section, and the agreement was in force about 18 months. He didn't occupy the land. — Name struck off. David M'lntosh. — Similar charge. Mr M'Coy for the objector, and Mr Orooka for the respondent. — Mr M'lntosh said that the section was lea?ed by him verbally from Mr Harrop for three years. He paid a rental of 2s 6d per annum. He knew where the land was ; it was on the 28th of September last when the verbal agreement was made. He purposed making use of the ground for camping sheep. — Mr Crooke : He never used the land nor had he occupied it ; but he intended doing so. — Name struck off. James Parsons. — Similar charge. Mr M'Coy for the objector. No appearance of the respondent. Mr M'Coy produced a copy slip of a registered letter to the respondent's address. He called James Bennet, who, after being sworn, stated that Parsons had not been living at the Beaumont for about sixteeu months. — There was the ruins of a hut which had an abandoned appearance.— Name struck off. David Doahe.— Similar charge. Mr M'Coy for the objector and Mr Finlayson for the respondent. Mr Finlayson said that he had been instructed by the respondent's uncle to state that Mr Doake had not received the notice, as he was away working at a contract at Kelso ; and was not in a position to come and defend the objection. He also had a deed showing that he held the land. — Mr M'Coy said the sections which Mr Doake claimed as hi*, belonged to Mr Robert Elliot, of Beaumont. Mr Finlayson called Mr Gamble, who said thct the land was on the ▼est bank of the Clntha, in the Beaumont Riding. Mr M'Coy contended that Gamble's land was in the Crookston district, and not in the Beaumont district, as set forth in the claim for enrolment, which was proved on the mip being produced. — Name struck off. James Doake and John Doake.— Similar objection. Mr M'Coy appeared for the objectors, and Mr Finlayson for the respondents. The same evidence was offered in thet« cases as the previous one. — Name struck off. Michael Monaghan. — Similar objection. Mr >! 'Coy appeared for the objector, and Mr Crooke for the respondent. Mr Crooke stated that Mr Monaghan had just left the Courthouse, and would return shortly. To save time, perhaps, counsel for the objectors might state the grounds of his objection. — Mr M'Coy : That Monogban is not the occupier of the section. He called Mr Cummings, who, after being sworn, deposed that he knew Mr Monaghan, and also the ground referred to. Mr Monaghan does not occupy or live on the land. Cross-examined by Mr Crook o : He said he passed the land often enough to know that Mr Monaghan did not reeide there. —Mr Crooke calif d Mr Harrop who, on being sworn, said that he knew seotion 19, block XVI., Dunkeld, as he was the original proprietor ; he leased the section to Mr Monaghan in November last.- There was a verbal agreement, that he was to pay 2a a yetr, which was paid in advance. The lease was for two years. Mr M'Coy contended that the lease must be in writing according to the Statute of Frauds.— Mr Crooke remarked that it was not a lease but an agreement to lease. Mr M'Coy said that under section 35 of "The Property Law Consolidation Act, 1883," any lease for more than one year must be by deed ; therefore, the case must fall through. Mr Harrop said the lease was for one year, but if he wanted the land he required to give Monaghan a year's notice. Mr M'Coy remarked" that as Mr Monaghan had left the Court, he was uot entitled to the least cou-

eideration. He does not reside on the sec tion, but carries on business as a bootmaker in Lawrence. The fact of the matter was that he was instructed to state that an attempt to introduce the faggot system in the County rolls bad been attempted. — The Magistrate remarked that he did not wish to disfranchise any nun. He would give his decision iv a week's time. — Mr Harrop thanked Mr M'Ooy for his remnrks.— Mr M'Coy said as Mr Hurrop had thanked him, he would add tbat ho never saw a more glaring instance of t^e fagg-ot system than in these sectiousiof Mr Harrop's. John Borland, — Similar objection. Mr M'Coy, for the objection, called William Cumtnings, who stated that he knew Borland and that he lived in a sledge hut.— Mr M'Coy said he might as well live in a balloon or a cart, and claim the right to vote. — Nam« struck off. Andrew Donaldson, junior. — Similar objection. Mr M'Coy for objector ;Mr Finlayson for respondent. Mr Donaldson slated that he leased the ground from his father.— To Mr M'Ooy : The signature was his, but he did not fill in the body of the paper. Mr M'Coy asked him to put his signature on a paper. There was a great difference in the two signatures. The application for enrolment and the signature had evidently been written by the same person. Donald Bon produced a paper, dated 7th June, 1884, certifying that he was lessee of the land. He said he paid his father rent three months ago.he paidhim £8 10s 5d a year. He thought he paid £2 10s a month. He got the right to occupy for three years. He entered into possession about six months ago. — JName struck off. Thomas Dick.— Similar objection. Mr j M'Coy for objector. The respondent did not appear. Mr M'Coy. called Mr Bennet, who stated that there was about 80 acres in the section referred to. On the application for enrolment, the section was put down as embracing 2i acres. He was .not aware that Dick occupied or resided on the land. — Name struck of. CLARKS BIDING. Win* M'Lelland was objected to as being wrongfully placed on the electoral roll for Clarks Riding. Mr M'Coy appeared for the objector.— Mr M'Leliand eaid that Irs name had been on the valuation roll for a house for some time. The house was his own property, and this was the only time that he wished to make use oi the franchise.— lt was submitted by Mr M'Coy that Mr M'Lelland waß not the owner of tho land : he was merely a tenent at will. — Name struck off. Joseph Bailey's and William Bunton's names were objected to as appearing twice on the roll. — One of the names in each case was j struck out. APPLICATION FOB EKHOIiMEHT. James Downcs, for whom Mr Gooday appeared, applied to have his name inserted on the Gabriels roll as well as on the Browns roll, having property in both Ridings. — Granted.