KILBIRNIE RATEPAYERS AND THE HUTT COUNTY COUNCIL.

Evening Post, Volume XXI, Issue 110, 12 May 1881, Page 2

KILBIRNIE RATEPAYERS AND THE HUTT COUNTY COUNCIL.

This morning in tho Court of Appeal, before their Hpnors the Chief Justice and Justuses Johnston and Gillies, ¦argument on demurrer in Hendry aud others, ratepayers in the Kilbirnie Highway District?? v. tho , Hutt County Council, was commenced. Mr. Ollivier appeared for the plaintiffs, f and Mr. .W. T. L. Travere . ftr the defendants. .Tho ..demurrer is to the delaration of plaintiffs, who pray for an injunotion to restrain the Couray-Gdttnoil from levying a rato, and to deoidej-whother the ' tJotmcil has power td deoltfe all toads under Highway Boards county roads. The declaration, among other things, Bets forth that the plaintiffs consist of < 2hb chairman of the Kflbirhfo Highway Board,, and upwards of two .hundred ratepayers; that on the 12th' April last the County Council Btruok a rate of Is. in tho £, and that they did bo without preparing and -publishing an estimate of tftpftuhtuße ; that thereforo the rate is void, and plaintiffs pray for an injunction to restrain tho Council from giving effect to it. The declaration furthor states that the Council pretends ' that tho roads in the Kilbirnio District, by virtue of angrder made by the Council' ii> j]£77, aro connfy roads, but that the Act does not confer that power upon defendants, and that the roads are still under the control of tVe Kilbirnie Highway District Board. On those ground b the plaintiffnask that the defendants be restrained from dealing with the; roads. Mr. Travora oontendod that there was nothing in the Act to invalidate the rate by the non-publication of the estimate; nor could the defendants set up a defence that the whole rate was bad. in regard to the question of taking over tiho VokJs, Mr. Travers quoted section 210 of tho Counties Act, whioh says :> "If any dispute bhall arise between the {JouhoitUfcd the governing body of any road district of of between the Council and any other Counoily'or any other person or body, as to the right to receive rates, or to tho possession, career control of any bridge, road, or any othor property, the Governor shall alone and finally decide upon such dispute after suoh inquiry as ho shall think fit to make, and in such manner as he shall thb.k fit " Mr. Travors. thorefore held that the Governor was theproper tribunal to go to, and to him the plaintiffs ought to have appealed, . _. Argument was proceeding wnon^re went to press. f x