ASSESSMENT COURT.

Dominion, Volume 6, Issue 1826, 12 August 1913, Page 3

ASSESSMENT COURT.

MUNICIPAL LAND, QUESTION OF VALUE DECIDED. When the Assessment Court sat yesterday, Dr. A. M'Arthur, S.M., gave decision in a case which lias occupied several days' in hearing. Mr. A. A. Gei- ! lutly was the only assessor on the Bench. 1 Another assessor had been .nominated by ; Uib Miramar Borough Council—the local ! authority within whose boundary the land is situated—but the/objector to the j valuation—the Wellington City Council— opposed the right of -the council to bo represented by an assessor in this case, and tho objection was sustained. Mr. I*\ Martin appeared for the Valuation Department, -Mr, J. O'Shea (City' Solioitor) for tho City Corporation, and Mr. V. It. S. Meredith for the Miramar Borough Council. Tiio area with which tho case was concerned was part of the land at J,yall Bay purchased by' the. 'Wellington City Corporation for recreation purposes. Tho portion in the Miramar Borough was approximately 75 acres in extent, and was purchased at the following prices:—About 35 acrefe at >£125 per acre; 18* acres at ,£l5O per aero; one acre, with concrete house, at ,£750; making a total purchase price of ,£10,487. In consideration of certain rights to use part of the area for manoeuvre purposes, and to enclose two acres for the erection ol buildings,

tho Defence Department had found half of the purchase money. In making the assessment it was stated that the Valuation Department took into consideration tlie restricted powers imposed by statute, and thought that a reduction ol' J~5 per acre oil' the freehold value was sufficient 10 mee't ths case, 'llie .Department's capital value was therefore placed at J-f715. Xho City Corporation objected to this valuation. Air. behalf of the Miramar Borough Council, opposed any. reduction 011 the ground that the security of the borough's debenture-holders would be affected if adjoiniug local bodies - could purchaw in the borough and escape the payment of rates. . The Court, after consideration, decided that in view of the restricted powers possessed by tho corporation, ill connection with tho land the valuation should bo reduced to A'2ooo unimproved value or £2370 capital value. HUTT COUNTY LAND. The Court sat again, in the afternoon, when objections to valuations in the Hutt County ivoro heard. Dr. A. M'Arthur, S.AI., presided, and had with him as assessors Messrs. H. E. Leighton and O. I'. Lynch. Mrs. Annie Elder, who was represented by Mr. C. ]3. M orison, K.C., objected to tlireo valuations in tiie "Wharcroa ltiding. Tho first objection was to the value of .£855 placcd upon a 1100-acre block" at the back of Waikanae. Council stated that the land in question was Alpino scenery, and not worth 15s. per acre. Mrs. Elder owned one-third of the land, and was prepared to sell it to the Government at 7s. Od. per .icre. Tho Court decided to reduce the valuation to 7s. Od, per acre. Objection was made to the valuation made on two other sections. In these cases the capital value was sustained, but tho 'unimproved value lowered, and the value for improvements raised. Regarding the principal block, the valuations were: Capital, ,£21,6G1; unimproved, £13,232; improvements, i'S432. Section 47: Capital value, .£1095; unimproved value, i'47o; and improvements, M2o. LESSORS & LESSEES. A rather important point was raised during the hearing of a case before the Assessment Court yesterday afternoon. The point was whether lessors sllSmld be lUitiried of a lessee's intention to raise objection to Government valuations. The question cropped up when the case in wliich Mr. W. J. Howell, of the Horokiwi Hiding (Hutt County), objected to the valuations of some property "which lie held under lease.

Dr. A. M'A-rthur, S.M., presided. Mr; Newman appeared for Sir. Howell, Mr. M. Luckie lor a Native lessor, ami Mr. Martin i'or tho Oovornmcnt Vahuition Department. 'jir. Luckie stated that 110 objections to any of the valuations had been lodged I>y tlio Native owners. The only objection lodged was that of Jlr. Howell, lessee Mr. Newman: He pays the rates. Mr. Luckie: That is ail his interest in it. Continuing, Mr. Luckie said that the Natives were satisfied with t'ho valuations. Tlicy did not object at all. Mr. Newman said that Mr. Luekio had no authority to say that. Mr. Luckie replied that he had the authority of one Native., who owned a .third of the block. Mr. Howell had leaded the property lor a term of 42 years, 011 condition that the rent for- a second term (two periods of 21 years) was lixed at not less than 5 per cent, on t'ho then Government valuation. He contended that,, therefore, the Natives wci'o concerned 111 the valuations. However, they hax.l liot received any notice of objection, being taken to the valuations. Mr. Newman maintained that Mr. Howell paid the rates, an<l_ had a perfect right to object to tho valuation-:. His Worship iutorvencd and asked Mr. Martin what the procedure was in. this 'particular instance. . ' Mr. Martin replied that tho Department ■was under no obligation to serve notice to leciors of His objection of a lessee to C.', valuations. . .... Jir. Luckie raid that it was not rignt to proceed with the case without tlio lesEOi'ri baing notified. He appeared for one out of six cr eight Nrntive lessors. He suigestMl that.an adjournment would be fair" to all concernod. In conclusion, lie contended that it was about time that tho Court took it upon itself to a right and proper_ practice fcr cas:s ot the kind.

Mr. Martin said Hint'the principle raised by Mr. Luekie was exactly similar to the ono which he 'had raised during the hearing of a previous case. . llis Worship: You're in favour of it? Mr.' Martin replied that he was. After further discussion it was decided to adjourn tha case until August 25. Arrangements are to be made whereby the Native lessors concerned will be notified of tho lessee's objection to the valuations. MAGISTRATE'S COURT. SIGNING RECEIPTS. BREACH OF TEE STAMP ACT. F. charged with signing receipts, liable to duty to the JohnsonVillo Town Board, for .£7O, ■£! 165., .£65, and iCa 2s. Id., pleaded that lie went to tho Town Board office, where lie received tho money and signed the receipts while the clerk was countersigning . the cheques, without thinking that tlis receipts were liable for stamp duty. He had no criminal intent,' as he knew that the receipts would go through the Government Audit Department. Inspector Hendry said that it was not contended that defendant had intended to defraud the State of a few pence, but he had certainly btwn very careless. A fine of 10s. and 9s. costs was imposed in' the first case, and on the other charges defendant was convicted and ordered to pay costs. , LAWYER ON "BLACKMAIL." Arthur Bosley, dairy fanner, Eltham. appeared in answer to a summons issued j at Wellington, charging him with being ' the father of an illegitimate child, the mother of which had como to Wellington from Eltham and was now destitute. Mr. Dunn applied for an adjournment in order that ho could have the evidence of three witnesses taken at Eltham. Mr. Blair, who appeared for tho defendant, contended that this was a clear ciue of blackmail. Defendant 'had no intimation that the case would not ,bo proceeded with,, and should havo compensation. Mr. Dunn: Defendant is a well-to-do dairy farmer. Me. Blair: That is why the proceedings arc taken. His Worship held that though complainant could commence proceedings in Wellington, it was not the intention of the Act that the case should be heard hore when all tho witnesses lived at Eltham. Complainant, being destitute, could, not pay the costs of the adjournment, and therefore ho should dismiss the information without prejudice to' further proceedings. . THE BOARDER'S MONEY. A remand until Wednesday was granted in tho case of Norman Charles Williams, who was charged with stealing .£5 103. Gd., the property of Walter Moir, and lis. from Arthur M'Callion, at Barrett s Hotel. Bail in tho sum of ,£SO was allowed by Mr. AV. G. Iliddell, S.M. BOND ESTREATED. An order having been made last August against Thomas te Puni, of Petone, for tho maintenaiico of his wife, Nina, and children, defendant entered into a bond of .£SO and a fortnight later took ship for Australia, where, he still lived. During tho interim he had only sent .£9 to his wife, and tlio arrears were now ill 2 Cs. Mr. Jackson, on behalf of the wife, asked for the bond to be assigned from tho Public Trusteo, a.nd this was grantod. PAY OR PRISON. For failing to comply with a maintenance order, Thomas Carswell was committed to prison for a fortnight unless the arrears were rcduced by 18s. eaoli week until paid off. Andrew Andrews uas sent to gaol on a similar charge, and George Contcssa was ordered'to pay iOs. a week in reduction of the arrears or go to prison for a fortnight. THE PEOPLE'S MILK.

Tho firm of Parker and Trim were fined <10s. and 7s. costs for selling adulterated milk. Inspector Hendry remarking that milk dealers seemed to bo very much given to soiling city water which th<?y Tjd.cl 10U. por 1000 gallons) for 4Jd. a quoit,

COURT ODDS AND ENDS. Convictcd )>ut dischargeil for being drunk in Tory Street, William Leonard was lined 20s. for disorderly bolinvioiir in Coui'tiMmy l'lp.co; and "William liunis nnd Jolm llyilc wore fined 10;. for drunkenness. _ For using errtain langungo in "Willis Street, Oiaf Henry Tlioiusen was ordered to pay <C,l. At :i subsequent Court hold during the afternoon, before Sir. "\V. G. Kiddell, Cloinent Lionel Cadell wad ordered to pay Bs. a week towards the maintenance of his illegitimate child, together xyith .£'lo 10s. costs, also linvmjf to enter into a bond of. iGO with the "Public Trustee as security. ■ Charged with committing an aggravated assault upon a young girl, named Lena Marion Buckley, alt eldorly man named .lames Samuel" Chilcott, who was defended by Mr. M'Grath, was successful in his defence, inasmuch as the charge was reduced to ono of cojnmon assault, for which a line of -JOs. and costs was imposed.