BOROUGH COUNCIL.

Kumara Times, Issue 1046, 7 February 1880, Page 2

BOROUGH COUNCIL.

The ordinary meeting of the Bbtough Council rfras held at the TovVti Hall on Thursday evening • present—His Worship the Mayor (in the chair), Councillors Campbell, Horne; felake, Fitzsimbns, Hanna, O’Hagan, and Pearson. The minutes of the last meeting were read and confirmed, the dutward correspondence read and approved of, and the inward read and received. A committee was appointed to take intb consideration and bring tip at next meeting a repdrt on the “ itospital and Chkritable Aid Bill.” The following report Was read from tlib Valuation List and adopted;—• Report ot* Committee he Valuation • List. The Committee have to report that having carefully examined the Valuation List for the year, 1880 as prepared by the valuer Mr Wylde, they find no reason for making any objection theretdl , , John S'. Pkiifo sth February, 1880. The following report from the Town Clerk fe the. late charge against Mr Hun was read and received - Report of the Town Clerk re Borough , ' v. Hun. ~ j baVe to", report that the, information against J. B. Huh, for perjiiry, Was-dis-missed by the Resident Magistrate on the 3rd instanti As, iri vie# of the evidence givhh in support of the information and of the fact, of the Magistrate having given no reasons for dismissal, the Cpuneil may wish to have some infpnitsrtlon -On the subject, I beg to make tKe following remarks : . ’ ’ , , Amongst the nileli made by tlie Governor under the “Imprisonment for Debt Abolition Act,” 1874; tHe following i ‘ ‘ Rule B.—Where the ( ppracih . (applying for the judgment sumnioris shill state to the Clerk of the Resident Court that the judgment debtor is about to remove from his dwelling dt* place of business, oris keeping out of the way to avoid service, then the judgment sUtiimons may be issued and served at any timd before the hearing; Provided that the’ Magistrate’s Court shall not act upon a summons issued under this rule, unless at the hearing such Court is satisfied, by evidence on oath, that at the time of the application for the judgment summons such party was about to remove from his*’ dwelling or place of business, or was keeping out of the way to avoid service in either oi which cases service upon the party at any time before the time appointed for the appearance of such party shall be sufficient. ” As the judgment summons against Hun was issued under this rule the Magistrate should have taken the evidence mentioned therein, but as he failed to do so all the proceedings including the administration of the oath were informal: The attention of the Magistrates having been called to this, is sufficient to account, for his dismissing the information. Another result of the informality in the proceedings on the judgment summons is that the order made by the Magistrate for imprisonment in default of payment cannot be parried but; as the Clerk to the Court wonjd subject himself to an action for damages if he issued a warrant, under the ppusequently there is : a complete failure of justice in the;caae. James Wvlde, Town Clerk., ... sth February 1880. On the motion of Gr. OHagan,. se- . conded by Cr. Fitzairaona, it w.as re-.;.-solved that at the expiration of the.. present contract for the supply of gravel, the maintenance of all roads and streets within the borough be let by contract fpr the term of one year. Crs. Horne, Pearson, and Haniia voted in the negative. It Was resolved that the, HcenseJee for billiard rooms, under section 323 of the Municipal Corporations Act be enforced against all unlicensed houses... The Council then adjourned for 4 fortnight.