THE POLL TAX ON CHINESE.

Otago Witness, Issue 2437, 28 November 1900, Page 53

THE POLL TAX ON CHINESE.

WELLINGTON, November 21. At the Supreme Court, to-day, before the j Chief Justice, argument was continued in the special case stated between "Bannatyne . and Co., merchants, plaintiffs, and Richard _ Carter, collector of customs. Defendant's special case set out that plaintiffs -were I agents for the steamship Indramcla, which reached Auckland on the 31st January and Wellington on the Bth February, having among her crew a number of Chinese. Whilst the vessel was lying at the Queen's wharf, Wellington, for fche purpose of unloading and leading cargo, -three Chinese members of the crew were missed from the vessel, and have not since been heard of, t nor is it known what became of them, although rewards have been offered for information -which would lead 'to their discovery ..and arrest. The poli tax pay-able ! under the " Chinese Immigrants Act, 1881," \ and its amending acts, in respect to Chin&se landing in New Zealand was not paid in respect of the three^ Chinese in question, ~ nor was any demand for payment made., by the collector of customs at any time prior i to the making of the ship's entry. In order that clearance the vessel might be obtained and the vessel allowed lo leave the port, plaintiffs paid to defendant a sum of £300. Correspondence passed be-

tween the parties, and an action was '"C.^uXi for a refund of the £300, which had in .. he! meantime been paid into' the public aci-4 count. The questions for the court were':/ (1) Was defendant entitled to demand th^ payment of the sum of £300 from the' plaintiffs by way of poll tax or otherwise? {2) Can the sum of £500, with interest thereon, and costs and expense's in the statement of claim, be now recovered from, defendant by plaintiffs? (3) Was notice of action necessary undy: section 277 of " The Customs Consolidation Act,. 1882"'? (4) If such notice was necessary, has it been given by the letters, writs, and statements mentioned in the case? Eis Honor reserved judgment.