POLICE COURT.—Thursday.

Auckland Star, Volume II, Issue 524, 14 September 1871, Page 2

POLICE COURT.—Thursday.

[Before Thomas Beckham, Esq., R.M.]

Drukkenhess.—Two persons wero punished in the usual manner for first offences, and Eliza L'Estrange, although an old offender, having beon several times previously convicted of vagrancy, and ou numerous instances of'drunkenness, was discharged, as; there appeared to bo somo prospect of future good conduct. Breach of Impounding Act.—S. Rodgcrs, charged with having a goat tethered in Elliott street, pleaded not guilty, and said the animal was on his own premises. Its length of rope allowed it to reach some distance into the street. Pined fire shillings and costs. Breach ok Municipal Police Act.— Ephraim Wright, for allowing a goat to wander in Wellington-street, was aiso fined live shillings ami costs. City Kates.—ln the adjourned case of Frederick Williams, who had been summoned lo answer the complaint of J. W. Didilams, for non-payment of City rale*, His Worship gave judgment as follows:—" Thero are. two or three points which demand consideialion: First, as lo whether the proceedings taken by the collector in the valuation, etc., of properties was accurate. Second, whether this Court. X >s tho power to interfere with the rat es, even although they may not have been < inado in strict conformity with the City Board Act. All that is apparently necessary is to produce the rate-book ami show a prima facie case against the defendant. .Assuming then that there had been some irregularity in the formation y of the rates, the climax which had been ultimately arrived at wan doubtless correct. Then had this Court power to construct itself into a Court of Appeal ? Tho 48th clause of the Act provided a remedy for aggrieved parties. It docs not seem that any appeal was hiado by tho aggrieved party. Therefore the assumption was that ho Was satisfied. Can he, therefore, now ask tho Court to upset tho wholo of the rates ? Tho Court is of opinion that it has not tho power, and the proper ooursei is to appeal t > the Supremo Court. Judgment must therefore pass for tho plaintiff. In regard to tho other similar cases, the Court will not interfere until they havo consulted as to thair future action. They, therefore, stand adjourned for a week.—Another question well worthy thn consideration of citizens, is, whether it is advisable to object to paying the rates when four • fifths havo done so ; and whether it would not bo better to submit, in order that the Board might make the streets. —The cases against R. Haywood and C. Green way, therefore, also stand adjourned. — Mr. J. B. Russell then applied for costs, which wero allowed.