INTERESTING TO RATEPAYERS

Wanganui Herald, Volume XXXXI, Issue 12192, 13 June 1907, Page 5

INTERESTING TO RATEPAYERS

A Local Test Case.

An action was commenced at the ifagie trate's Court yesterday, before Mr R. L. Stanford, S.M., when the Chairman of the Waimarino County Council sought to recover the sum of £16 6s 4d from Herbert J. Duigan, being an amount of general rales alleged to be due to the plaintiff body in respect of property No. 215 on the urination, roll of the county of Waimarino. Mr Wray appeared for the plaintift body and Mr Hutton ior the defendant. .Mr Wray .mentioned that he and his learned friend had agreed on certain admissions, with a view to shortening the proceedings, as follows: That the land was native lard and liable for the full amount of rates; that Duigan was in occupation under a lease from Ist July, 1906, for a term of 21 years; that the rate was struck on the 18th of September, 1906, and that a demand had been sent to and received by the defendant for the rates now claimed. The statement of claim set out that the plaintiff claimed from the defendant the sum of <Cl 6 6«5 4Vd bdng amount of rates due by th© defendant to the plaintiff body in respect of property number 215 on the valuation roll of the county of Waimarino, being section 2, Block IX of the Karioi Survey District. The amended statement of claim set out that the rates were due in. respect of the following properties in the Karioi district: —

The matter of the admission of tho amended statement of claim was argued by counsel aud ultimately the amendment was admitted. Peter Sinclair gave evidence to the effect that the properties shown in the amended statement of claim appear in the rate book in respect of rates struck on Bth September, 1906, and that the defendant's name appears as the owner of such sections. That the values were entered about ten daya prior to striking the rate from the valuation rolls in existence at that time. That he had received instructions) on the 9th of August from thu Valuer-General to make certain alterations by adding H. J. Duigan's name and properties fo the roll. That the rates were made on the roll as altered. Mr Wray at this? stage stated that the plaintiff relies on the rate book as evidence of the rates having been properly struck. Mr Hutton stated that the demand for the rates must state specifically what the demand is; £hat is that the properties on which the rates are made must not be lumped. That the demand was wrongly made in the alternative against "owner or occupier"; that the rate was "struck on a value which did not appear on the valuation roll on 31st March; that Duigan's lease did not exist prior to the Ist July; that the demand was not in order for the reason that it does not make a distinct claim in respect of each of the properties; and that a demand is not in order which: i> made in the alternative. He contended that the rate book does not preclude the defendant from questioning the validity of the rate as the defendant was not given any chance to object, as on the 31st March the defendant had no interest. Mr Wray, in reply, submitted that by the Maori Land Administration Act, of 1900, defendant is liable for rates struck during period he is lessee, and that defendant is liable for full rate although only in occupation for part of year. At this stage the hearing was adjourned until 10.30 o'clock this morning. Further legal argument in the above action was heard this morning, after which, his Worship said he would take time to consider the various points raised, and would reserve his decision.