NUMBER 9 LOAN.

Pahiatua Herald, Volume VI, Issue 732, 7 December 1898, Page 2

NUMBER 9 LOAN.

A meeting of settlers interested in the much-discussed No. 9 Loan was held on Friday afternoon last in Mr W. Broughton’s woolshed, Makuri. Mr C. Tylee was voted to the chair and briefly stated the reason why he had called the settlers together. He read a copy of a letter he had sent t® the County Council and the reply thereto, the contents of which would explain the position as regarded the costs incurred in fighting the case belore the courts. The following letter was sent to the Council and read at its last meeting:— The case of Pahiatua County Council v. Tylee having now been settled in the Appeal Court, I respectfully venture to point out the great expense entailed on the defending settlers by your Council's wrongful action. This expense v/ill be a trouble, especia’ly as those settlers who now stand as winners in the above case, say that your Council should pay the costs of the appeal. 1 readily admit that I, as nominal defendant, agreed to the arrangement of each side paying its own costs. This, however, had relevancy to the first case in the Supreme Court held before His Honor the Chief Justice. After decision being given in my favor, your Council somewhat hurriedly forced the matter into the Appeal Court, and I at short notice was placed in the position of deciding the further question of costs in the Appeal Court. Under the circumstances I could only continue the same course as in the first action, as I had no time to got an expression of opinion from the defendant settlers. However, since then I have had pointed out to me by various settlers the somewhat unfair method of your Council prosecuting an action at law and carrying the same to the Appeal Court with the funds of the whole County against a portion of its own settlers, whose rights are equally entitled to consideration. And as the presiding judge, His Honor Judge Denniston, said in delivering judgment, “ That the settlers attempted to he rated were neither morally nor legally liable to pay the rate,” I ask your Council under all the circumstance? to agree to pay at least some of the law costs and expenses which the detendant settlers have been put to by the action of your Council. The following curt and somewhat ambiguous reply was sent • “ In reply to your letter, undated, I have been instructed by the Council to inform you that the arrangements were made between Mr Harold Smith and Mr Burnett, and by referring to the latter geutleman you will learn all you want to know.—George Moore, County Clerk.” A long discussion ensued, and eventually it was resolved that Messrs Broughton, Macdonald and Dunning should wait upou the Council re the cost of the appeal case. A vote of thanks was 1 to Mr Tylee for the work he had u *le in fighting the battle, aud to Cr B »Uon for his assistance to the ratepaj rs.