Magistrate’s Court.

Waipawa Mail, Volume XXIX, Issue 5347, 3 December 1908, Page 3

Magistrate’s Court.

(Before Mr S. E. MoOarthy, S.M ) SCHOOL CASES. These oases were withdrawn on the advioe of the Magistrate, who said that the informations had been wrongly sworn before a member of the Education Board. This procedure had boen held to be bad. Sufficient information had not been supplied in the schedules. BABBIT CASE. The Hawke’s Bay Babbit Board proseouted T. Nestor, of Tahiki, for failing to destroy rabbits. Mr Tanner (rabbit inspector) gave evidence, and defendant also went into the witness box. He was fined £5, costs 29s Gd, and solicitor’s fee (Mr Oorniord) £2 2s. .CIVIL CASES. Judgments were given for plaintiffs by default in the following cases:— Hannon v. Kearns, olaim for £2 Us. Chilwell and Son v, Marsh, claim for £3 13s 9d.

P. Barrie v. Marsh, olaim for £1 Is Bd. Pennington v. Green, olaim for £3 4s. Waipawa Borough Council v. Lissie Rathbone, an adjourned case concerning a road was proceed with. The following witnesses were called : E. J. O’Brien (recalled), stated that the reason he only brought one plan when called, was that the notice called upon him to produce a copy of the original plan of the township of Waipawa and he produced what he considered the original plan of Abbotsford. He had not seen the notioe (produced) until that day. It called upon him to produce Ellison’s plan. By Mr Lee—The plan he produced was considered to be a plan of the township. He had been employed by the borough since May and in searching through the minute book he found that four or five surveyors had been authorised to prepare plans. Ho produced all the plans ho had showing the township of Abbotsford. The plan, produced, showed the road near the Domain.

Mr Norris stated that they admitted there was a plan in existence, adopted by the Town Board in March, 1895, whioh showed the Domain road.

Tha witnoss was then cross-examined respecting several plans. A. E. Jull stated that he remembered when the Town Board agreed to go over the road line. Four members went over the ground. He was one of them. At a subsequent meeting it was resolved to take over tbe road if Mr Rathbone formed a portion 33 feet wide and the remainder 44 feet wide. The soil from the top part was to be used as filling for the lower portion. The Board understood that Mr Rathbone was to do the whole of the road. The Board regarded the road past the Domain as Mr Rathbone’s. He had taken levels of the road since, and found that the grade was a long way out. It was not uniform and in plaoes where it should be 1 in 10 it was not cut down lower than 1 in 7s. Speaking as a member of the Board from 1900, they never regarded it as a road. The surveyor’s plans of Waipawa differed, and it became a question of which survoy should be adopted. Ellison’s plan was adopted and the streets were taken over under the Public Works Aot. (Left Sitting )