POLICE COURT.—This Day.

Auckland Star, Volume I, Issue 78, 8 April 1870, Page 2

POLICE COURT.—This Day.

(Before T. Beckham, Esq., R.M.)

DBtTKENNESS. William Barry, David Kelly, William G-olly, John Hogan, John Smith alias John McKin, John Ryder, John Francis, Peter Stone and George Hodgson charged with drunkenness, were each fined 5s and costs, or to be imprisoned for 48 hours. William Bellingham. charged with the same offence for a third time, was fined 20s and costs, or to be imprisoned for 48 hours, with seven days' additional. Court adjourned till 12. The Court resumed at 12. BEEACH OF THE CUSTOMS BEGTOLATIONS ACT AMENDMENT -ACT, 1868, SEC. 19. Lawrence Lazard was charged by Henry Scott McKelar, Collector of Customs at the Port of Auckland, with having, on the 26th March, 1870, caused to be entered two hhds. eathenware, but which contained goods upon which a higher rate of duties was chargeable ; thereby rendering himself liable to a fine of £100, for which the Commissioner of Customs has elected to sue. Mr. Brookfield and Mr. MacCormick for the prosecution ; Mr. Wynn and Mr. Joy for the defence. "Mr. Brookfield, in opening the case for the prosecution, drew the attention of the Bench to the clauses fixing the rate of duty as 3d per cubic foot on earthenware and crockery, and Is per cubic foot on China, glassware, and Parian ware ; and stated that the charge against the defendant was for passing as packages of earthenware certain packages containing glassware and Parian ware. A debate between counsel occurred as to amending the number of packages stated in the charge. H. S. McKellar deposed: I am Collector of Customs at Auckland. Know defendant, L. Lazard; he is an importer in Shortlandstreet, Auckland. I have laid this information against the defendant; am aware of goods having been entered in the port of Auckland by the defendant as importer of them. Mr. Joseph A. Burton, Customhouse agent, was empowered by defendant as his agent. I produce the sight entry of goods presented by Mr. Burton for goods imported by Mr. Lazard. I also produce the perfect entry; they are for goods imported by the defendant, and were made by Mr. Burton as the defendant's agent. I recognise Mr. Burton's signature to those documents. (The bill of sight and entry were given in evidence.) Examination continued : There are included in this two casks marked ALC, 672-3, and two other casks of earthenware, ALC, 676-7-This is in the perfect entry also, value £35. Looking at the perfect entry, I fiud 3d per cubic foot as the rate of duty paid on 105 3-12lh's feet. They are entered as liable to duty as earthenware. Have had conversation with the defendant regarding this entry. It was on the afternoon, I think, of the 26th of March, the day of seizure of two of (hese casks. It was reg>rdingthe contents of these casks or packages before stated. He said they were earthenware, and brought over a sample. He asked to be allowed to pa9s a post-entry. This was on the same day. He offered to submit to my decision as to whether they were earthenware or not. I told him I could not accept a post-entry, as I considered the goods were Parian ware, and subject to a high rate of duty. I saw the package? myself. He made this application to get hia goods released from seizure. They were lying in the defendant's store, but had been marked as under seizure. He had come over with Mr. Rose, the sezing-officer. Said he had been dealt hardly with, and would submit to any decision as to the character of the goods. Did not give permission to pass a post-entry. The goods to the best of my knowledge are Parian ware. The goods produced are some of those contained in the packages, which contained only such articles as these. Was speaking with defendant regarding other packages. By Mr. Wynn : Parian ware is made of clay, flint, and other articles. Earthenware is made of a common kind of clay. I understand Parian to be a manufacture of a superior kind, but not of same material as earthenware. It requires chemicals and other substances to be mixed in its formation. Cannot describe the line of difference where one begins and the other ends. (Left sitting.)