RESIDENT MAGISTRATE’S COURT CLYDE.

Dunstan Times, Issue 589, 1 August 1873, Page 2

RESIDENT MAGISTRATE’S COURT CLYDE.

—o (Before Messrs. W. A. Low, E. Turnbull, and W. Beresford, Esqrs., Js.’P. Richard Poole, (Rate Collector of the Corporation of Clyde) v. J. Walker.—Claim 31. 2s. 6d. for arrears of rates for three years and a half, from December IS7O to July 31,' 1573. Mr. F. J. Wilson appeared as Solicitor for the Plaintiff. Mr. G. Clark, by consent. for Defendant, avho pleaded not in _ debted. Mr. Wilson said the action was a friendly one, and was brought into Court to settle the question as to whether the owner in succession of property was liable for the lates in arrear ; he believed it was not intended to dispute the point on legal technicalities as to the striking of rates, or the service of notices, and he would call the Plaintiff. i ichard Poole sworn, said—Am the Town Clerk of Clyde and Collector of rates. I have applied to the former occupier ferrates on several occasions. The property was lately sold hy auction ; at the time of the Sale, I did nut give any notice that the rates were unp. id, neither did I make any demand. Mr. Clark said he objected to pay the rales on two grounds—First, because of neglect on the part of the Collector for not suing the former occupier, and secondly, because it was against the law and common sense, Sec. SS of the Municipal Corporations Ordinance, 18(15, marily liable to the payment of rates under this Ordinance shall he the tenant of the property rated, who shall he in possession thereof at the time when such rate may bo made or due or recoverable, and if such property bo vacant, and no sufficient distress found thereon, then the owner in succession shall be liable. ’■ He contended that as the property was not vacant, and that on it there was sufficient distress during the accumulation of arrears he was not liable, he was willing to pay for one year's rates 12s. 6d. Mr. Wilson replied at some length. The Bench, after consultation, said Mr. Wilson’s law might bo good, hut equity was decidedly in favor of defendant, and gave judgment for 12s. 6d., one year’s rates to August, 1873, and 9s. costs of Court, plaintiff topay professional costs. Watson v. M'Arthur. Claim Si Ids' Mr. Wilson, fur defendant, paid If. ss. Bd. into Court, ami pleado 1 not indebted for balance. Plaintiff is a laborer, and defendant is a farmer, residing in the Wai keri Keri Vullcy, an I the case was one of wages running over the past three or four years. Judgment for 20s. in addition to the amount paid into Court, and 18s. expenses. George Smith v. M. M‘Lennan, Manager of the Pneumatic Gold Mining Company (Limited).—Claim 31/. us. wages. Adjourned till August 0. George Murray v. same. Claim 13/. Judgment for amount claimed and costs. J. Irvine (v. same.—Claim 11/. Cs. Sd. Judgment for amount and costs. George Alyoo v. same. —Claim 50/. Adjourned till August C. M'Laren, Grcig, and Co. v. J Wilson.— Withdrawn.