THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. FRIDAY, MARCH 14, 1879.

Thames Star, Volume X, Issue 3142, 14 March 1879, Page 2

THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. FRIDAY, MARCH 14, 1879.

The decision given by the Resident Magistrate this morning in the case Flemiug v. L. Ehrenfried is not only of great local importance, "but also of colonial importance, should it be upheld by a higher tribunal. The facts of the case in brief are these:—Mr Ehrenfried was rated for certain property in Brown, street, which he asserts be is neither owner nor occnpier of, nor was at the time of the raluation. He appealed to the Assessment Court on these grounds, but the Taluation was confirmed, and as a matter of course he was rated for the property. When the rate came due Mr Ehrenfried declined to pay it, and acting, no doubt, under legal advice, defended the action

when sued by the Borough for the reovery of the rate. Today, Major Keddell gave judgment for the defendant. The Eating Act, 1876, section 44, says :— " The rate-book so signed/(by three members of the local body), with corrections, if any, shall, unless the conttary be proved, be evidence in all courts of the contents thereof, and that the same has been made according to the provisions of this Act." The reading of this clause may at first sight appear to uphold the claim of the Borough,, but the italicised words appear to have a deeper meaning than they at first may seem to have. Major Keddell evidently held that " the contrary " had been proved. We are, however, unable to digest the 34th clause, which enacts that the decision of the Assessment Court shall be final, and " no proceedings shall be removed into any superior Court by certiorari or otherwise. 1' It is to be regretted that the amount sued for is too small a sum to permit of an appeal against the judgment being made to the Supreme Court.