OUR AUCKLAND LETTER.

Bay of Plenty Times, Volume V, Issue 426, 11 October 1876, Page 3

OUR AUCKLAND LETTER.

(FROM 008 OWtf COBBESrONDENT )

The Ponsonby and (or) Dedwood district ratepayers are still hard at»iiI told you in a late communication bow the difficulty about the two Boards being elected had made its first appearance in a court of law, and how the Proxy Board bad scored first knockdown blow in getting the suit overthrown on a technicality. The action was brought again into Court on Friday, and the omission of the plaintiff's name in the information having been rectified, the " anteproxyites" were jubilantly expectant of victory. But they have a hard nut to crack in Mr J". B. . Russell, the counsel for the defendants, who has the keenest nose in Auckland for a legal objection. So keen it is that it often smells them out where they do not exist. A tnan of this kind is always dangerous, especially when he and the magistrate are on good terms. I would not be understood as meaning that Mr Barstow or any other magistrate would wilfully decide an objection against his conviction. But a magistrate, as a rule, has so small a knowledge of law that he is in some degree at the mercy of a clever practitioner, who can stick a certain interpretation into him deeply enough. The magistrate, when he is in doubt, naturally enough now and then gives his friend the benefit of it. A fatal objection was again brought forward this time, after two had proved unsuccessful. The successful one was that Mr Alexander, the solicitor who took the affidavits, was not competent to swear affidavits in the E.M. Court. Messrs Hesketh and Tyler, the counsel on the other side, scoffed at the objection, and justified the validity of Mr Alexander's act,- by appeal to general practice and custom. His "Worship, however, held that the wording of the Act made it conclusive that none but qualified Commissioners had power to swear affidavits in that Court, and dismissed the case.

Saturday last was notified as the winding-up day for all Provincial business, in order to facilitate the transfer from Provincialism to Centralism. It seems from this that Sir George, much as he may talk of resisting Abolition ' ' to the bitter end," does not intend to put the country to expense and inconvenience by allowing tbe end of the session to approach without making any preparation for the inevitable change.

A. railway accident happened on the Auckland and Mercer line last Wednesday. An engine, which had been laid up for repair, was out for a trial trip, and was returning to Auckland when it ran into a ballast train going to Mercer, midway between Pokeno and Tuakau. The track at this point is on a side cutting, with a sharp curve and a steep gradient ; consequently, although it is said a good look-out was kept, the trains did not sight one another till it was too late to prevent the collision, though the speed of both was materially reduced. The result of the collision was to throw both engines off the line, and damage them considerably. Fortunately no lives were lost. It was most miraculous that the driver of the engine escaped, for it was travelling hind-end first, and the foot-planks and cab were knocked about fearfully. Happening just at a time when a commission has been granted in the Assembly to enquire into the management of the line, the accident is rather unfortunate for the authorities, but if it leads to greater care for .the public safety and convenience it will not be without a good result.

Good Templarism is often made the cloak of rascality, and a notable instance of this has occurred here lately. Mr Hugh Rae, of the Good Templar Hotel, at Onehunga, was convicted a few days ago of illegal grog selling. The evidence was produced by the police in rather a peculiar fashion. They had reason to suspect Mr Rae's house was not quite so innocent of spirituous liquors as it purported to be, so they commissioned two policemen, unknown to the landlord, to stay in the hotel for a week. The constables employed for this duty, swore at the Onehunga Court, that they were supplied with liquor whenever they asked for it. Three distinct charges were thus proved against Rae, who was fined £50 and costs in each instance. The defendant, rather than pay the fines, left by the next boat for tho South, but the telegraph caused him to be arrested at Nelson, and he was brought back, and now has the choice of paying or going to \ prison. |

The biennial sale of Government tolls and royalties took place a few days ago, and it is reassuring of the steady advance of the place, in srjite of all croakings, that the amount realised was a substantial increase on the last letting, being £2,835 for the six months, against £2,734.