FIAT JUSTITIA RUAT CŒLUM.

Akaroa Mail and Banks Peninsula Advertiser, Volume 2, Issue 180, 9 April 1878, Page 3

FIAT JUSTITIA RUAT CŒLUM.

To the Editor of the Akaroa Mail.

Sir, —The case of M'Gregor, on behalf •of the Borough Council, v. Clarke, for obstructing the footpath opposite his place of business, which was heard in the Resident Magistrate's Court on Friday last, presents a new feature in the laws of the colony. I have hitherto been under the impression that only the police could lay informations under the Police Ordinance, but it would appear from the above instance that public bodies, or even individuals, may exercise this power. Ido not hesitate, however, to assert that the action taken by the Council in this case through the Town Clerk is illegal. The course that should have been adopted was for the Council to have made their complaint to the police, who would then, at their discretion, have laid the information, or not. Ido not object to the trying of the case, being of opinion that, if footpaths are constructed, it is of the highest importance that they shall be kept free from all obstruction to those for whose benefit and accommodation they. have, been formed; but I decidedly object to, and disclaim against, the mode of bringing the •case into Court, not only as being contrary to law, but also as establishing a most dangerous precedent. It is monstrous that publicbodies, or private individuals, should usurp, for their own ends, the functions and powers that belong to the police Moreover, in this particular instance, the Borough Council are merely making use of the Police Ordinance in default of having their own bye-laws. If, however' it is open for anyone to make use of the Police Ordinance, it behaves us all to be very careful what we do and say. Unfortunately, spite is a powerful agent for evil, and if it could, in the above way, be worked out through ihe medium of the law, this world would soon be made a perfect pandemonium.—Yours, <_c, JUNIUS.