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(Before T. A. B. Bailey, Eeq , S.M.) In the judgment summons cast Andrew and Lees v. W. Day, claim £18 2=s 2d. Mr F. K. Hunt appeared for plaintiff, and asked that an order should be made, After bearing defendant, the Magis trate decided not to make an order. AKAROA BOROUGH COUNOU, V. W. J. BTJRK. .In the, case Akaroa Borough Council (Air G limper) v. \V. J Burk (Mr F. K. Hunt), a claim? ot £35 178 "9d for rates, with 10 per cent, added, for the year 1913 14. Mr II n per saul tbat th* c-tsu wai a claim for rate? for th<3 Hotel Metropole, of which defendant bad been licensee. Hβ read* tha evidence of defendant, his wife nnd Mr Upham (defendant's solicitor), which had been talcen. This evidpnce stated tbat Buik an , ! Wederell had hud a settlement at Mr Upham's office, and they bad notified the Akaroa Borough Council of tho transfer by a letter posted by defendant perponaliy. Mr Harper held that the notice sent w»,s nor suffiicknt for any alteration in the iioroueh roll, und in compliance with the Eating Aofc the alteration of the roll bad not been made. The rare demand bad therefore been sent to M> Bnrk. He held there was no provi <ioo in the Act providing that h uotice of transfer of property could bt posted.

O. W, Thomas (Town Clerk of thp Akaroa Borough), sworn, said W. J. Butk'sname was on the borough roll on August 1. 1913, Hβ had not ceived notice of transfer of the Hotel Metropole from. Burk to J; P, Wederell. Hβ bad sent a. demand foi the rate addressed to the Hotel Metropole, but he had received no reply to übe demand, and the rates had net been paid.

To Mr Hunt: He had received no form of transfer whatever. He posted the rate demand about August 1 to the Hotel Metropole. The subsequen' alteration to the borough valuation roll- waa made by the Valuation Department after March 81, 1914 Hβ remembered distinctly addressing the demand to the Hotel Metropole. Mr.Harper stated that the transfei bad been made by defendant's solicitors applying to the Valuation Departmenfc.

Mr Hunt said , there waa evidence from the defendant that the transfer was posted to the Akaroa Borough Council. It waß peculiar that this bad not been received. He submitted tbe notice of transfer was sent, and the defendant had done everything in his power and was entitled to judg ment The rate had been demanded on August 1 and rate roll signed on August 18. Mr Harper submitted that the onus was on the defendant in that be did not personally serve notice of the transfer.

The Magistrate reserved his judg ment in this case.


A case arising out of a cooksfoot cleaning contract was heard at the S.'M Court, Akatoa, before T. A. B, bailey, Esq., 8.M., and G. Armstrong

Esq., J P., on Wednesday, May 6th. The case was between Robert Latter, of Barry'fi Bay, plantiff, and Charles Wright, French Farm, and- Alexander MilDe, defendants. Tbe statement of claim was the plantiff claimed tbe following goods :—Twelve sacks of grass seed, contemning 901b , each of the value of £25, the property of the plaintiff, taken by the defendant about 24;h March, and detained by tbe de fendant. Charles Wright, but the de fondant refused to deliver them. Tb'. plaintiff claims possession of the said grass seed, or £25 in case possession cannot be had, and £10 damages for its detention

Judgement was given in Christ church this week by T. A. B. Bailey, Esq , S.M., for the return of plaintiff, or £2(5 in lieu of same, with £2 damages for detention and costs.

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Bibliographic details

S.M. COURT., Akaroa Mail and Banks Peninsula Advertiser, Volume LXXII, Issue 4409, 3 July 1914

Word Count

S.M. COURT. Akaroa Mail and Banks Peninsula Advertiser, Volume LXXII, Issue 4409, 3 July 1914

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