SUPREME COURT.

Dominion, Volume 6, Issue 1813, 28 July 1913, Page 11

SUPREME COURT.

FEES FOR SLAUGHTERING. MINIMUM FIXED, Wliat minimum foe may the City Council charge ill respect of tho slaughtering of cattle at places other than tho city abattoir at Ngahuuraugai' This was the abstract question involved in an action heard before his Honour the Chief' Justice (Sir Robert Stout) in tho Supromo Court on Saturday morning. The City Council sought a declaratory judgment defining its rights, and joined (as defendant) the Attorney-General. The City Solicitor (Mr. J. O'Shea) appeared for tho council, wliilo Mr. H. H. Ostler, of the Crown. Law Office, appeared for the Attorney-General. In connection with the slaughtering done on the premises of the Gear Meat Co., Ltd., and tho premises of the Wellington Meat Export Co., Ltd., the City Council had reduced the fees (fixed by Section 27 of tho Slaughtering and Inspection. Act, 1908) by the amount of the inspection fees. The Audit Department contended that the minimum fees (fixed pursuant to Section 27) should be tho same as those for the use of tho abattoir, and Should not bo reduced by the amount of tho inspection fees. His Honour, after hearing argument, deoided in favour of the City Council, holding that they werd entitled to limit the charge (to the meat exporting companies for the stock slaughtered in their premises, and sold in tho city) to the fee charged for tho uso of the abattoirs, less tho amount paid for Government inspection.

CAPITAL OR SPECIAL RATES? INTEREST ON LOANS. A matter turning upon the construction of the Local Bodies' Loans Act, 1908, and its amendments came before his Honour tho Chief Justice (Sir ltobert Stout) on Saturday morning, when the City Council sought a declaratory judgment as to the disposal of interest on the portion of a loan placed on fixed deposit. The At-torney-General was joined as defendant in the action.

The City Solicitor (Mr. J. O'Shea) appeared for the City Council, while Mr. H. il. Ostler, of the Crown Law Office, appeared for the Attorney-General. From the agreed facts, it appeared that portions of the' .£IOO,OOO loan, raised for the Melrose drainage system in 1908, had from time to time been placed on fixed deposit. Tho interest on such amounts was treated as capital moneys. The Audit Department contended that the City Council was required to use tho interest moneys, so received, for the payment of interest, sinking fund, and other charges of tho loan for the payment of which moneys the special rate is secured. On the other hand the City Council contended that it had authority to treat the interest moneys as part of the principal moneys of the said loan. After hearing argument on the question on Saturday, 'his Honour reserved decision.