Feilding R.M. Court

Feilding Star, Volume X, Issue 88, 31 January 1889, Page 3

Feilding R.M. Court

"Wednesday, January 30th, 1889. H. L. Sherwill, and G. Kirton J.P.'s.) FEHJHNG BOEOUGH COUNCIL V. JOHX TURNER.

H. L. Sherwill, and G. Kirton J.P.'s.) FEELDING BOEOUGH COUNCIL V. JOHX TURNER. Tohn Turner, late Dog Tax Collector for the Borough of Peilding, was summoned by Francis Alexander Monckton, Mayor of said Borough, to answer to the charge of failing for the space of five days

after demand to pay to the Borough Council the sum of i>lo, being the balance of moneys due from him to the Council in respect of Dog Tax collected. Mr Prior appeared for the plaintiff Council, and Mr Staite for the defendant, who pleaded not guilty. Mr Prior opened the case, and cited the authority from the Municipal Corporations Act, 1886, section 160, under which the proceedings were taken. G. C. Hill, Town Clerk for the Borough of Feilding, produced the minute book containing the resolution of the Council •empowering the Mayor to take these proceedings. In pursuance of the resolution, witness wrote to defendant, requesting return of books and moneys due to the Council within five days; defendant replied saying he returned two collars, and owing to holidays he had not been able to make up accounts, which he would forward, together with the money within a few days ; the collars and letter were handed to witness by Mr Staite ; had received no money since the Bth May, when 94 dogs were accounted for ; since then, according to receipt book, 5 receipts had been given the blocks ot which did not appear ; defendant's statement showed only £6 16s, whereas the amount due was .£10; there were 101 receipts which should have been accounted for altogether, and 8 had been issued for which no receipts was given ; witness had received no moneys since he gave defendant the .notice. By Mr Staite; Wrote the letter on the 4th of January, the day after the meeting of the Council when the resolution was passed; two resolutions on the subject were passed ; since then the Mayor had received no further authority to proceed ; the required number of collars were duly produced by defendant to witness; together with the receipt book and returns ; had heard indirectly of defendant having made some effort to raise the money. S. M. Baker, Clerk of the E.M. Court, gave evidence of several persons having been sued by defendant for payment of Dog Tax, against some of whom convictions were recorded, and others had paid into Court, and the information had been withdrawn' (names given from the Court record) ; to the best of his recollection had given defendant £A as received in Court. Here Mr Staite informed the Bench that on consultation with Mr Prior they had decided to come to a settlement of the case by the horse, saddle, and bridle belonging to the defendant being handed over to Mr Prior as security pro tanto for the payment of the moneys due by defendant within one month from date. Mr Prior asked for an order to be made out to the above effect with an alternative. The Bench thought they had better record an open verdict for the amount of .£lO leaving out altogether the mode of payment. Ordered to be paid within one month, or in default two months imprisonment in "Wellington gaol.