10 PER CENT ON RATES.
Messrs Borlase and Barnicot tho well-known Wanganui solicitors who act for the Council having bem n k tl as 10 whether the Council a b„uud under section 60 of the Eating Act, 1895, to add 10 per cout on vordue rate), have replied as Hollows! AVe think that this section makes the ten per cent interest a debt due to the Council, and that it should, like any other debt, be recovered if possible. VVe do not think that the word "recoverable" implies that the Council should decide in each particular case as to whether it is expedient to enforce the 10 per cent penalty, All debts due to the Council are "recoverable," but we only know of two cases where the Council is justified in not taking the ordinary steps to recover such dobts. The first is under section 149 of the Municipal Corporations Act. which enacts that the Council may remit rates upon the ground of 'extreme individual poverty' and the second is under section 223 of the same Act, which empowers tho Council to compound with any person in respect to any dobt due to the Corporation Tho first case can only occur under the very special circumstances mentioned in tho section and the provisions of section 223 are not intended to apply except where, through some doubt as to the debtor's liability or for other similar reasons, it is expedient that a compromise should be effected. We therefore think that the 10 per cent penalty should be forced in every case.
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Bibliographic details
Hot Lakes Chronicle, Volume 2, Issue 127, 26 June 1895, Page 3
Word Count
26010 PER CENT ON RATES. Hot Lakes Chronicle, Volume 2, Issue 127, 26 June 1895, Page 3
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