OAMARU NEWS NOTES.

Otago Daily Times, Volume 13694, Issue 13694, 10 September 1906, Page 8

OAMARU NEWS NOTES.

(FeOM Our OWH COKRESPONDKiT.) OAMAIiU, September 9. A case of considcraule interest to local bodies camo before Judee Ha6olden at a sitting of ■ the District Court at Oamaru on Friday, wliou the Oamaru Borough Council sued William Bee for the recovery of £15 -15s, being- charges alleged to bo duo by liini for his proportion of kerbing and channelling opposito corfain sections owned by him and certain others leased by him from the bprough. The facts were that in 1904 • certjin channelling and kerbing was done in tlio town, the ratepayers being charged with a proportion of the cost. By resolution this proportion was fixed at 4a per foot for kerbing and channelling separately, and 8d per foot where both were done. The cvidenco of tho ex-engi-lioor, who carried out the works, was that this was loss than one-half the cost in .every caso, the cost of the works in the various streets in. which defendant hold sections being severally quoted. Plaintiff's counsel (for whom Mr Lucas appeared, for Messrs Hislop and Creagh) relied in the cases of the freeholds on tho act, and in tlio casos of tho leasehold sections on a covenant in the leases, by which the defendant agreed l to pay all rates, taxes, impositions, et6. For defendant Mr Lee (of Messrs Loo and Grave) contended that the council must show its right to cTaim for korbing, inasmuch as kerbing was a portion of the formation of the footpaths, of which formation a part had really been formed a considerable time before. The act, ho 'Submitted, contemplated the formation of the footpath for the wholo length of the •street, and unless that was done the couuoil could not claim from the ratepayers of adjoining; sections. In reply to his Honor's comments on tho argument, counsel said Tiis client .was entirely rclyiner on the literal interpretation of tho act. Tho ohargo had not been properly made, inasmuch as the proportion had not been fixed, a stipulated amount pnly being charged. With regard to the leasehold sections, counsel contended that it was the owner who should pay the cost of kerbing und channelling, and, as tho council could not pay itself for tho work dono, it could not claim from its tenant under the covenant in the lease referred to. His Honor inquirod to whom tlio buildings on-the sections bolonged, and was informed that they uelorieed to the tenant with the right to valuation, and in this connection Mr Leo pointed out that under tho act tho owner was tho person who received the rack rent. His Honor tomarhed that Mr Lucas could not then anr'io that, the council was the owner. It was a thorny way that councils had to tread if the thorns wore placed in the way. Judgment was reserved. _ The case is of importance to Oamaru, in that a large amount of these works has been done in tho last few years, and a large amount, of money recovered from ratepayers as their prooortion. while a substantial sum remains to bo collected from other?. In the afternoon L. H. V. Price, a. bankrupt, from Waimnte. was publicly examined before Judge iTasoldcn on certain transactions with his farm, by which liis estate suffered a loss of £1638. In February last he sold to Mr 0. M'Clatehie, of Christchurrfi, at £7600, fixing a rent charge to his mother .and sisters at £3000. A few Havs later ho rcpurchaeod the farm a* £8000, fixing the rent charge at £3500, and paying commission on' these sales to the amount of £153. Later ho sold to his father tho farm, stock, and plant at £8400, and naying £112 commission on that sale. Tho farm was then cold to Mr Ruddcnklau at the samo figure without stock and plant, whioh were sold bv Price, sen., tho larger part" of the proceeds being paid to credit of bankrupt's estate.