Boroondara Road District: Difference between revisions

Those opposed to the formation of the District continued in their attempts to frustrate the activities of the newly-elected Board. To coincide with the first collection of rates, opponents held a public meeting on 8 August 1857 to condemn these actions. They argued that residents had not been given enough notice of the rate collection, nor did the process allow any recourse or appeal. Dr Palmer, by now the inaugural [[wikipedia:President of the Victorian Legislative Council|president of the Victorian Legislative Council]], addressed the meeting at length. According to reports in the ''Argus'', despite his previous opposition, he was philosophical about its presence and urged opponents to accept their defeat. At the conclusion of the meeting, several resolutions were passed; most notable one that created a committee of five men to "watch over the proceedings of the road board" and raise funds.<ref>The Argus. ''Boroondara Road Board''. 10 August 1857. http://trove.nla.gov.au/newspaper/article/7136765, accessed: 22 December 2016</ref><ref>The Age. ''The Boroondara Road Board v. its Inhabitants''. 13 August 1857. http://trove.nla.gov.au/newspaper/article/154832961, accessed: 22 December 2016</ref>

Once formed, this committee began holding further meetings to drum up support for their cause from Boroondara. After a number of ratepayers refused to pay their rate, the committee resolved to assist in the defence of anybody summoned before a court for the failure to pay rates if that person also agreed to oppose the entire legality of the Board and its existence.<ref>The Age. ''Boroondara Road Board''. 30 September 1857. http://trove.nla.gov.au/newspaper/article/154830761, accessed: 22 December 2016</ref> The failure of nine residents to pay their rates was brought before the District Court, the first time that such a case had been presented in [[wikipedia:Victoria, Australia|Victoria]].<ref>The Argus. ''Road Board Rates''. 1 October 1857. http://trove.nla.gov.au/newspaper/article/7139572, accessed: 22 December 2016</ref> The defence successfully argued that the court had no such jurisdiction in the matter and that it should be referred to the Supreme or County Courts.<ref>The Age. ''Boroondara Road Board''. 3 October 1857. http://trove.nla.gov.au/newspaper/article/154835425, accessed: 22 December 2016</ref> These events coincided with the convening of the Board's annual general meeting which was held on Saturday 3 October. It was thrown into disarray when members of the residents committee took control of the meeting and refused to appoint any auditors or board members.<ref>The Age. ''Boroondara Road Board''. 7 October 1857. http://trove.nla.gov.au/newspaper/article/154831928, accessed: 22 December 2016</ref>

After the throwing out of the case of failure of pay rates by the District Court, the matter was heard by the County Court on Monday 7 December 1857. Newspapers reported large numbers of people gathering to watch the proceedings as the case had transformed from a comparatively simple case of debt collection to a determination on the validity and legitimacy of the Board itself.<ref>The Age. ''County Court of Bourke - Billyeld v Johnston''. 9 December 1857. http://trove.nla.gov.au/newspaper/article/154830721, accessed: 22 December 2016</ref> The case continued in another sitting on 30 December<ref>The Age. ''County Court of Bourke - Billyeld v Johnston''. 31 December 1857. http://trove.nla.gov.au/newspaper/article/154833370, accessed: 22 December 2016</ref> On the following day, the justice presented his findings, ruling in favour of the Board.<ref>The Argus. ''County Court of Bourke - Boroondara Road Board Case - Billyeld v Johnston''. 1 January 1858. http://trove.nla.gov.au/newspaper/article/7144386, accessed: 22 December 2016</ref><ref>The Age. ''The News of the Day''. 1 January 1858. http://trove.nla.gov.au/newspaper/article/154857642, accessed: 22 December 2016</ref>