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GUILDFORD POLICE COURT.
Before the Resident Magistrate (Mr. i LojtieJ and Mr. diaries Harper, J.P. \ ? I WEDNESDAY, April 7.
Mr. Thos. Jecks was summoned under the 87th ees. of the Municipal Institutions Act, 1876, for non-payment of £14 10s., town rates. Mr. Parker appeared as coun sel tor the Municipal Council. j The defendant at the outset stated he ? admitted that the property rated was his, ! and that he (if any one) was liable for the I
rate, ana mat tne amount was unpaia, ana ; stated that he had special grounds of defence. Mr. Parker, for the Municipal Council, gave formal proof of the memorandutn of j the order directing' the rates to be levied I being duly signed by the Chairman as required to be proved by s. 87. [The de fendant here said he admitted also that the notice of the rate had been given and the demand made for payment.] Mr. Parker contended that the Court could not go behind the Bate Book, and that if the proofs required by s. 87 were given he was 1 entitled to an order for payment, and that | the memorandum of the order levying the ' rate was prima facie evidence that every thing before it was correct: at the same
time he could not deny that sec. 82 had not been complied with by the Municipal . Council, also that the Municipal Council j had not, in accordance with s. 85, made up : and completed the Rate Book on or before the third Saturday in December. | The defendant contended that the re quirements of s. 82 and s. 85 not having been complied with by the Municipal Council the rate was illegal, and therefore he refused to pay the amount claimed. His Worship, in giving the decision of the Court, said that the Court felt bound under sec. 87, on proof of the facts by that section required to be proved (that section - stating that ' in any proceedings taken to , ' enforce payment of any general rate 'authorized to be levied under this Act it '[shall be sufficient to prove,' &c., &c.) to order payment of the amount. Defendant admits the property is his, the amount claimed is unpaid,
and also that the requirements of section 87 have been fulfilled. There- i fore, following section 87, the defendant ? would be ordered to pay the amount ; but, ' in the face of the admission by counsel for - the Municipal Council that the Council bad not done what section 82 required they ? should do, and that the Rate Book had not ? been 'made np' in accordance with section 85 of the Act, the Court felt considerable doubt as . to the legality of the rate. , Under these circumstances, in mailing the : order for payment, he (His Worship) felt constrained to say he hoped the defendant would appeal to the Supreme Court, as a i decision on a point of such public import- i ance was most desirable.
The Governor's Levee. — It will be seen by the Private Secretary's notice, in , another colnmn, that the hour for holding \ the Governor's Levee on Saturday next ' has been altered from 11 o'clock to 12 ( o'clock noon. j Cobb'6 Coaches. — The two coaches im- | ported from Melbourne by the Government ; for the inland mail service were landed at Perth jetty from Mr. Green's steamer Amy ; yesterday morning. The coaches are en- j tirely different to anything of the kind ever I before seen in this colony. Among other peculiarities in their construction may be mentioned leather spring's. They appear to I be altogether very comfortable conveyances — light, yet strong, and having a large | capacity for stowing luggage. Our local builders will no doubt take a good deal of interest in observing the construction of these coaches. Town Hall.— The Rifle Band will^play the following programme in the Town Hall this evening, commencing at 8 o'clock: —
March, Inspection ; Quadrilles, Convent Garden (Coote) ; Valse, Silver Thaw (Go vernor Robinson); Schottische, Dewsbury (Senior) ; Mazurka, Elizabeth (Oertel) ; Lancers ; Polka, Muses (Faust) ; Galop, Ocean (Riviere) ; God Save the Queen ! Passengers by the R.M.S. Hydaspes. — The only passengers for this colony by the mail-steamer Hydaspes, which arrived at the Sound yesterday morning, are Mr. and Mrs. Helmich and two servants. Horse Stealing. — William Pontt, a prisoner now undergoing a sentence for forgery and uttering, was brought up at the Perth Police Court under habeas corpus on the 12th instant charged with stealing a horse, the property of Mr. W. Stokes, at Dongarra. With the advice of his counsel 5 Mr. Howell) the prisoner pleaded guilty, 'ontt stands committed for trial on the charge at the Supreme Court. The Wkatheb. — From accounts which have reached us we learn that there has been a considerable fall of rain throughout the colony. Thus the dry season may be said to have entirely broken up. Ploughing has already become general in many
districts, and the pasturage is coming on well against the requirements of I&e lamb-, ing season, which cotam.ea.ces early in next month.