RESIDENT MAGISTRATE'S COURT, CLYDE.

Dunstan Times, Issue 594, 5 September 1873, Page 2

RESIDENT MAGISTRATE'S COURT, CLYDE.

—o— Sept. 3. (Before W, L. Simpson, Esq., R.M., and J. Hazlott, Esq., J.P.) Eames v lies. —Suinmona not returned. Postponed till the 17th inat. 11. Poole, Collector of P,ates of the town of Clyde, v. W. Fache. - -This was a claim for 3/. 155., leing three and a half years rates on property recently purchased by the defendant. Mr. F. -T. Wilson appeared for the plaintiff, and Mr. G {Fache (by permission oftlie Court) for defendant, and pleaded not indebted. Mr. Wilson produced evidence that the rates wore legally struck and notice given to the tenant, and argued at great length) citing the “Otago Muniei) al Corporation Act, 1870,” and the “Otago Municipal Corporations Ordinance, 35C5,” that the owner in succession was liable. Mr. Fache said he should found his defence on the 88th section of the “Otago Municipal Carporations Ordinance, 1805,” which says “The person primary liable to tbe payment of rates under this Ordinance shall be the tenant of (he property rated who 5h..1l be in possession at the time when such rate shall be made or due or recoverable, and if such be vacant, and no sufficient distress found (hereon, then the owner in succession shall be liable.” He argued that, as the property was not vacant and there always being sufficient distress to cover the rates due, and as the Collector had not taken steps to recover from the original owner, no claim against the incoming owner could lie. The Resident Magistrate said he was Sony he was not of exactly the same opinion as his brother Magistrate, and equally so ho could not support the legal argument of Mr. Wilson. He held, under the 88th section of the Ordinance of 18G5’ that, before rates can be made a burden on property, the possessor must be discussed. He would not say, on that failing, but that the owner in succession could be come upon. Mr. Wilson here agreed to a non-suit) which was cacordingly granted.