THE WAIMEA RAILWAY TAX.

Mataura Ensign, Volume 7, Issue 368, 24 June 1884, Page 2

THE WAIMEA RAILWAY TAX.

[By Telegraph.]

Dunbdin, June 23. The case of the Waimea Plains Railway Company v. E. Brennan, a claim of LlB 6s 8d for rates, came on at the Resident Magistrate's Court to-day. Mr Haggitt appeared for plaintiffs, and Mr Henderson for defendant, ! Mr Haggitt opened the case, citing the law on the subject, and called R. P. MacGoun, clerk to the Sduthlana County Council, who produced valuatioa roll for the county. Mr Henderson drew attention to the roll being for the year 1882, while the District Railways Amendment Act of 1883 required the company to rate on the roll for the year ending 31st March, 1883. '* fhe objection wg^ QTer-r ; qlea, . j 1 -Witness a'tated that th« roll produced; was used by tbeobunty for the year ending |31st March, J883.. „. . - : ■ f Mr Henderson admitted that defendant' was on the roll for the properties sued for. j '■'- R. H. Leary, secretary' tothe company,t>roduced the certificate of incorporation of the company. ; also, direction from the Minister of Public Works to raise a rate to cover' the* deficiency of L 4.744 ; also, minute book of' the company, shewing ra^tinga wtoi* the • sa^e was dealt mt\ fheye were no appeale against the rate, but a few errors were corrected, and he saw the ratebook signed.' He sent the demand produced by defendant through the post on the 19th April, j Tbe company's offise was in High gtreet, Dunedin. gTtie railway district was gazfetted (' Gazette ' put in), and the defendant's fpronerity was m%e railway district CiossVe^ araiAed : Witness fcad nothing to do Iwith making up the balance sheet on whichj the Minister's certificate was given ; that? was done by the Government, He made thi deficiency larger. ! Mr Hpnderaen was piooeediug witH his cross-examination to shew that the rate levied was too great, when -Mr Hfggitfc'ob'jected that section 27 of the Rating Act prevented any objection being made to that Act. j Mr 3 .? en^ erson was ar gwng that i this case aid not come within that exception, *f "' The Court rosp at a' quarter past fivaj and the case was adjqurned 'for a 'week. (