DUTY ON MINING MACHINERY.

Auckland Star, Volume XXX, Issue 29, 4 February 1899, Page 3

DUTY ON MINING MACHINERY.

VERDICT FOR THE KAURI FREE-

HOLD ESTATES.

After we went to press yesterday afternoon the case Kauri Freehold Estates Company v. the Collector of Customs of Auckland, claim for refund of £136 5/ pakl on mining machinery imported by the plaintiff company was concluded. Mr Tole contended that there was no reference at all to a jury in the section of the Customs Act under which the proceedings were taken; and that it was not a proper question to go before a jury for it was the construction of the schedule of an Act. There was also a judgment of the Supreme Court already on one of the heads it was proposed to submit to a jury, viz., 'shoes' and dies. Mr Cotter addressed the'jury, after which Mr Cooper addressed the jury on behalf of the defendant, and contended that great improvements had taken, place in the operations through which the gold passed after the ore was reduced to powder, and maintained that only the machinery used in these final operations was what the legislature intended to exempt. He contended that up to the time the quartz was crushed by the stampers there was no saving, and it was only in the chemical processes that the saving commenced.

His Honor addressed the jury at some length.

After a short retirement the jury returned with the verdict for the plaintiff, to the effect that all the articles mentioned in the suit, namely, screens, rock-breaker, ore-feeder, shoes and dies, and mortar-boxes, were machinery used for gold-saving purposes, and were accordingly exempt from. duty. Mr Cotter moved and judgment was entered for plaintiff for £136 5/, the amount of the duty deposited with costs on the lowest scale. Mr Tole applied under Rule 281, for leave to move that judgment be set aside. His Honor said he could not grant the application under that rule.

Mr Cotter claimed interest on the amount in question, which was deposited in May and June, IS9B. His Honor allowed interest at the rate of 8 per cent.

CiTCLE TYEES | repaired; none too bad —Hennsng's . factory, Stanley street. (Ad.) —