LAW REPORTS

Dominion, Volume 9, Issue 2640, 10 December 1915, Page 9

LAW REPORTS

SUPREME COURT WADESTOWN TRAM EXTENSION THE SPECIAL RATE ' A friendly suit to ascertain the relation of the Wellington City Tramways to the Wadestown Extension was heard in the Supreme Court yesterday before His Honour Hi'; Justice Chapman. The action was brought against the Wellington City Corporation by His' Majesty's Attorney-General, per medium of George Carwell Cooke, settler, of Wadestown, tlio latter acting in the interest of Wadestown iatepayers. Sir. I'. Young appeared for the plaintiff (Cooke), while tlie City Solicitor (Mr. J. O'Shea) appeared for the defendant corporation. Plaintiff sought a declaration from the Court as to tho liability of the Wadestown ratepayers in regard to a special rate for tramway extension, and as to tlie policy on which the city .lccounts should be kept. The Court was asked to ear that the Wadestoivn Tramway Extension was not a separate undertaking, but an integral part of tho Wellington City Tramway system; but that, if it wore a separate undertaking, then the Sinking Fund and interest ill connection with the special loan of ,£33,000 were first charges upon takings; that in any case a special rate could not 1» collected to-pay sums charged for working expenses and depreciation; and that there was no authority, .to establish a depreciation fund of 2} per cent. In tlio statement of defence, the City Corporation pleaded justification for its system of keeping accounts and asked tiiat the Court should say it had acted lawfully in connection therewith. In his opening remarks, Mr. Young stated that, in bringing tho action, the plaintiff had no fault to find with tho manner in which the tramway accounts were kept by the City Treasurer (Mr. 0. Collins). The. accounts provided a fund of very accurate information, which clearly showed the policy on which they were 'made out. It was tho policy that was objected to. Evidence was called and 'the case linil not concluded at 4.30 p.m. when the hearing was adjourned until tliis morning, THE STAB OF CANADA CASE. In the Supreme Court yesterday, before His Honour Mr. Justice Hosting, 'hearing of evidence was concluded in the case in which J. J. Nivcn and Co., Ltd,, Napier, are proceeding against tlie Salvage Association, Ltd., of London, for remuneration for services rendered in connection with the salvage operations at the Star of Canada wreck, at Gisborne. Sir John Findlay, K.C., with Mr. D. Rtloggard, appeared for the plaintiff company, and 1 Mr. C. P. Skerrett, K.C., with Mr. W. C. Sproule, of Napier appeared for the defendant association. Legal argument will be heard to-day.