Important to Local Bodies.

Feilding Star, Volume XX, Issue 63, 13 September 1898, Page 3

Important to Local Bodies.

The reserved judgment of the Chi« Justice in the case Pahiatua Count Council v. Tylee was delivered in th Supreme Court on Friday. His Hone said this was a special case stated in a action to recover a special rate. Th County Council in 1889 determined t apply to the Government for a loan unde the Government Loaus to Local Bodie Act, 1886, as amended by the Act of 1887 on the security of a special rate over i denned district, part of the county The area within this denned distric comprised land which the Crown ba< sold aud also land which the Crown ba< not then sold. Subsequently, however the Crown sold many sections of lam witliiu this area, amongst others the lam t now owned by tue defendant. Thi County Conoil contended that thougl neither this land so subsequently pur chased by the defendant, nor the Crowr as the owner of it was liable for th< special rate, the land as beiDg purchasec and ceasing to be Crown land became liable on the purchase to the special rate After discussing the arguments of counse His Honor, in conclusion, said that it short the substances of the plaintiff's coHtention was that the enactment iv section 6 of the Government Loans tc Local Bodies Act Amendment Act, 1896, was unnecessary, inasmuch as he must contend that the law was under the Aci of 1886 what the Act of 1896 provided thafc it should be. His Honor, on the contrary, thought that the provision oi the Act of 1896 was necessary for the purpose of bringing under a special rate subsequently sold unoccupied Crowr lands. But the provision was noi retrospective. Judgment must therefore be for the defendant with costs. Mi Gray appeared for the plaintiff Council, and Mr Bell for the defendant.— Times,