THE TOWN RATES.

West Coast Times, Issue 663, 8 November 1867, Page 2

THE TOWN RATES.

Tho following is the notice of appeal served by Mr Reet», as solicitor for defendant, against the judgment of the Eesident Magistrate in the case Clayton versus Klein :— In the Supreme Court of New Zealand, Westland Distriot. Between Joseph Philip Klein, appellant, and Peter Clayton, respondent. OBOUITDB OP APPEAL PBOM THE BESIDEKT hagistbate's cotjbt. 1. That the rate now sued for was a rate struck under the Ordinance Session XIV., No. 2, which Ordinance was, so far at the town of Hokitika i> concerned, totally repealed on th© 12th day of January, 1867, by the Hokitika Municipal Ordinance, 1867, and therefore everything done under and by virture of the said repealed Ordinance ceased to have any operation whatever at tlio date of such repeal. 2. That the Corporation to which the rate sued for belonged was dissolved on the said 12th day of January, 1867, by the said Hokitika Municipal Corporation Ordinance, 1867, and ail debts to or from it ceased and were destroyed at that date. S. That the above respondent, being the collector of the Town Council of Hokitika, derived his powers to sue from the 91st section of the said Hokitika Municipal Corporation Ordinance, 1867, and under the powers contained in that section could not recover this rate, as it was not payable under thq. provisions of tho said last mentioned Ordinance. ,