HUTT RIVER BOARD

New Zealand Times, Volume LXX, Issue 3863, 5 October 1899, Page 7

HUTT RIVER BOARD

APPEALS AGAINST CLASSIFICA- . TiON,. :, The hearing of the appeals,, numbering 104 against the classification for rating mail© by the"Hntt, River Board was commenced at the Bower Hntt Conrt yesterday morning, before Mr W. R. Haselden S.M. The Board was represented by Messrs E. P. Bunny and M. Myers. The ease of Thomas Mason was called on first, th£ appellant objecting to the classification on the ground that it did not fairly specify the actual liability 7 to damage to his land. - '• Mr W. T. L. Travers, who appeared for the appellant, raised a point as to the .jurisdiction of the Court. ■] Mr E. G. Jellicoe, who represented Messrs Ward Bros., said that was a point he had also intended to raise. . , _• Mr Travers believed he was right’in assuming that no special order was made under provision of section! 89 of JfchST Act", which clearly contemplated that a special order must be made determining whether the, fates to be levied, on lands'within the district, shoiild be .on/a linifopin graduated scale before the’classiflbat’Oh spoken of under section' 97 canid he made.. There, must bo three steps taken. First, a special' order under section" 89, then classification under .sections 97 to 104, and then the making of a rate under section 88. • i:,■

Mr Bunny admitted that there was no special order tinder section 89. Mr Travers urged that there was no classification before the Court, and that there was no jurisdiction to sign the classification or hear appeals. His Worship asked if Mr Travers meant that there must he. two special orders—one to authorise the classification ami another to strike a rate. Mr Travers: 'Ves. Air Travers went on to* say that the' Board had been specially warned that the special order was necessary, hut they disregarded the warning. His Worship : Supposing I say you arc right, what is the Board’s remedy? Ivlr Travers; They can test it by mandamus if they please. But it. would he much simpler to get a special order, i His Worship said: If, after hearing counsel for the Board, I hold that your argument is sound, I should have to refuse to hear all these cases, j Mr Jellicoo contended that the pointraised by Mr Travers was sound. If the Court rilled against it, he would ask to be afforded the opportunity of testing the. matter by; applying for prohibition against the Board.' ! Mr Bunny argued that there was nothing in section 97 of -the Act to show that the classification was to be done by special order. The mere fact of the Board classifying the land had the effect of making it a district . wherein rates were to be .levied. *

Mr Myers suggested’"ah adjournment as it was possible for. the Board to make a special order; and overcome' the difficulty. Further discussion having taken place, Mr Haselden said the way Mr Travers had put the niattqr seemed correct in law. There must- he some step, taken in order .to decide; which jyiiy ’.the rate was. to he levied—either >by. a uniform . or. a graduated scale, and that step was to he taken, by special order made under section 89. The next step, it appeared to .him—he said this without committing himself to an absolute Opinion—would be to classify the lands under section 77. The last step would be to make a rate under section 88 by special order, j Mr Travers said that was (heir view, j His Worship , said-he was’willing to either adjourn or .decide how that he had ho' j 7 . Air Bunny urged that'an adjournment should be granted' In‘order that the Board might consider the matter. ; Mr Haselden said- he was considering whether he'-Oughfc not .tp- -pm; the objectors jti .the' initiative in.-further proceedings. 1 " ’ ’ '-' ! ' : Air Jellicoe thought'the onus should be put upon the Board. I Mr Haselden said the : objectors were now appealing, against a .classification, but said there wasVno’classification. Mr ‘(Bunny- ;con’tended ‘tHat’ : the Court; coiT?d''loiily deal-withsucK. objections ‘sM werf staged! jii■ ■ , “. v !'il !iv;as decidedyto,, adjoißh; tfie/iPase; for ,the nieahtimeia.special case, is.iojhe..stated, for the decision; .ofi th'e.'SupreiheoCourt. ,■: ! Mr Treadwell,; who hiid an ohjhctipn,' stated’that' he'lhad' property inthe'.dist'ric'f!.whicli was!,'ri6't,'eveiiMirectly liable,, Wf,.,yiuch, under the.ihead .of incirreptlytliable.” <He claimed that the land; should . . .not be classified at all. , l Mr Bnnny strongly opposed this contention. His Worship said the matter must stand over, but his present opinion was against Mr Treadwell,