SUPREME COURT.
Wednesday, Dec. 10, IN BANCO.
(Before his Honor Mr Justice Denmston.) A. J. MACLEAN (APPELLANT) V. WAIMATE COUNTY COUNCIL (RESPONDENT). This was a caee on appeal from the Magistrate's Court, Waimate, in which the Waimate County Council sued A. J. MacLean, farmer, Glenavy, for £8" 15s 3d rates, and Major Keddell, S.M., gave judgment for the Council. Mr Lee appeared for the appellant and Mr Hamilton for the respondent County Council. The case arose out of t-he diversion of a creek by the Waimate County Council, by which, appellant contended, he had been deprived of what would have been to him a natural water supply, and having such a supply appellant under the Act was exempt from the payment of rates. Appel-< lant also. contended that the law had r.ot been complied with in regard to the special order under which the district had been constituted. He further contended that the Magistrate had wrongly decided that it was not necessary for plaintiff to establish compliance with Section 269 of the Counties Act, 1886, and the details before the Court set forth that the section had not been complied'with ; that the Council had not passed a special order as required by Section 269; that the Magistrate's decision that the Council need not establish compliance with Section 7 of the Water Supply Act, 1891, was wrong in law; that the document produced, purporting to be the by-law under which the County Council sued, was not a sealed copy of a special order making the by-law ; that the plaintiff Council had no right at law to divert the water at Whitney's Creek, which would otherwise flow down its natural channel and through the defendant's land'; that the document .purporting to bo the by-law which the plaintiff sued: on came into force on May 1, 1901; and that the claim was for water charges commencing from December, 1900, months before the by-law came into operation, and could not therefore be made.
Argument at length was heard, and his Honor reserved! judgment.
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https://paperspast.natlib.govt.nz/newspapers/LT19021211.2.12
Bibliographic details
Lyttelton Times, Volume CVIII, Issue 12996, 11 December 1902, Page 3
Word Count
339SUPREME COURT. Lyttelton Times, Volume CVIII, Issue 12996, 11 December 1902, Page 3
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