MINISTER’S POWER.

New Zealand Times, Volume XXXVI, Issue 8188, 1 August 1912, Page 3

MINISTER’S POWER.

tNTEEPEETXNa CUSTOMS TA'RTFF. A COMPANY’S APPEAL FAILS. Decision for the plaintiff, with costs on the highest scale, was given yesterday by the Appeal Court la the case of the Minis-, ter of Customs v. the Waihl Goldminingi Co., Ltd. The statement of the case set ont that on October 25th, 1909, the company imported, and on May 18th. 1910. cleared through the Customs, packages described ae two''sinking pumps” for mining purposes ot the value of £5020, which were free ot duty. Subsequently the Collector of Customs at Auckland alleged that the pock-, ages were not "sinking pumps” within thei moaning of the schedule, but two ordinary (hied pumps which were liable to an ad{ valorem duty of 20 per cent. Duty was l according!” assessed on the packages at the sum of £1067 12s lOd, and a claim lor that amount was made. Plaintiff stated that defendants disputed the claim and refused to pay the duty Application was thereupon mode by the Collector of Customs to the Minister. In accordance with section 7 of the Customs Duties Act. 1908, to determine the true moaning of the term "sinking pumps." After hearing evidence at au inquiry the Minister decided that the pumps In question were not "sinking pumps" within the meaning of the schedule. The defendant company still refused to pay the duty which the Crown now claimed. When the case came on for bearing defendants moved for a non-suit. Two points were raised, but these the court, in its Judgment, disallowed, and gave its decision In favor of the plaintiff. The Solicitor-General (Mr J. W. Salmond) appeared for the Minister of Customs, and Mr 0. B. Morison for the defendant company. On Mr Morison's application leave was granted to appeal to the Privy Council, security being fixed at £SOO.