DISTRICT COURT.—Tuesday.

New Zealand Herald, Volume X, Issue 3602, 28 May 1873, Page 3

DISTRICT COURT.—Tuesday.

His Honor Thomas Beckham, i£i>q., District Judgo.j The ordinary bi-mont!i]j- sitting of iliis Court wua held yesterday, nnd the following business was disposed of: — Herbert Ashtox t. James Wiixiajisox (Judgment).—This was an action to recover £100 for highway rates, and was twice bcforo the Court; upon the first occasion termi:.;it- , ing in a nonsuit, —upon the ground that cc>r- | tain formalities required hy the Act were rot ' complied with. llr. llesketh appeared for plaintiff, and Mr. Whitoker for the defendant. His Honor Rave judgment this morning. He said, "In this case counsel on behalf of the defendant urged that tho plaintiff had transmitted the original assessment roll to the Superintendent, whereas the Act proscribed that a copy of the roll should be se::t. It vraß contended for the defendant that this fact vitiated the rate. It is true, there was such an irregularity in tho present case, but in all other matters tho forms prescribed by the statute had been complied with. Unless su«lj irregularity conlu be regarded as fat al to the plaintiff's case, the Court conLd notsay otherwise than that the rate wa?a'l that could bo expected. The Court could not hold that such a -imple fact aa that involved in the transmission of the original for tho copy, should ho sub'icient so invalidate tho rate, and the defendant could hardly be otherwise than unsueeeaslul if he relied upon that alone. Judgment tor plaintiff, with £6 189 co3ta. Moekin v. Lyncu's Flat G-.M. Co. —In this case there appeared to be somo irregularity in the service, and the Cftse was not heard. Binney v. Ijtnes.—lu this case an adjournment to next Court-day was granted.