POLICE COURT.—MONDAY.

Auckland Star, Volume I, Issue 259, 7 November 1870, Page 2

POLICE COURT.—MONDAY.

(Before Thomas Henderson and L. D. Nathan, Esq?.. Justices.) DBtf-iKEKNB3B"—T. Sout'uvcil f±. Redman, W. Arthur, C. E. Hines and R. Leary were oach fined s*. and co<l*, or to be imprisoned 2-t hours with hard labor. John Stewart forf. iied b?ti). Highways' Act.-—John Probert was charged by Henry A*iiton for refusing to pay the sum of 20?, beh'g rates duo to the Karangaliape Highway Board. Mr. Lusk for1 the Boaid, Mr. Wynn for the defendant. Henry Ash ton, Collector, produced tiie Assessmentroll for 1869, and deposed that defendant's name appears on that roll, in connection with the matter at issue, for subdivisions 6 and 31, allotment 12, in the suburb* of Auckland. Hie roll is signed by the Chairman. I have demanded tho rates due on these allotments and have been refused. Ho said lie would not pay, on my first application. Mr. Wyr;n pleaded that the.' act came into force only on tho 2nd of November of that y- ar, and could not bo retrospective — Mr. Lusk a^iiod that the Highway Board had the power to assess a rate any time in the yenr, and to embrace tho whole period from Ist January to 31st December. If Mr Wynn's argument wcro correct, the Act must be a delusion', and all rates imposed under ifc must be illegal —Mr. Wynn allowed that the trustees might do so, but' only provided the Act hid been previously iv force. In this a se it Was not so.—Their Worships considered that, as equity and law clashed m the case, and as important issues depended on their judgment, it would be well to take time to consider it carefully. They would therefore deliberate, and give judgment to-morrow morning. This terminated the proceedings.