In a rcoont defended case, Waitothra County .Council (Mr. Fleming) v. A. E. Gillcspie, (J[r. C.V. Brown), heard at' Waugamii, the claim was for rates. Mr. Brown said that lie propo?.«d to raise a defence, to tho nction that would not be raised in ordinary circumstances, but the circumstances' in this case were extraordinary. The defendant Mas a Crown tenant, and had been induced to take un land at Ruorakia on the faitli of cerhiii representations .is to roadin-j. The Croh-n had never carried out its promises, and (he result was that for five years defendant oould not leavo or return (o his proper!r without trefjassing. The defence wised was that tlio case was granted on January 31, 1907, but Clio term did not commence until July 1, 1007. Umler the Land Act, the tenant had four years' raeinp,>i X ml the cla ™ w »« f< ll- rates from April 3, 1911. The two periods overlapped, and as Ilia rates were not apporiionable, nothing could l,e recovered. For the plaintiffs Mr. Plemiiiff contended that the. p.xoinption was for four years from the time when the laud was .disposed of—in this eas«, January 31, 1907—and the date of the defendant's entry was immaterial. ' After . arjruiuont tho Magistrntp adopted the latter contention, and decided that tluperiod of exemption expired before the l'nlo was struck. ■ He remarked that the defendant was not alone in his grievance ' He knew of Crown tenants who could . not get roads after : 15 years' residence.' That, howover, was a mattor of adininistration. and he could.not de:il with it, Jiid?nient. was accordingly given for tho plaintiffs. Woods' Great Peppermint Cure, Is 6d. , For Chiciiic Chest Ccumlflints- ,
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Dominion, Volume 6, Issue 1561, 3 October 1912, Page 8
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276Page 8 Advertisements Column 2 Dominion, Volume 6, Issue 1561, 3 October 1912, Page 8
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