RATING IN PUKEKOHE.

Franklin Times, Volume 9, Issue 787, 24 November 1922, Page 4

RATING IN PUKEKOHE.

LEVY ON GRADUATED SCALfcIIN J UNCTION MAI NT AI NEDSUPREME COURT DECISION. One of the sections of the Finance 1 Act passed in the last of* Parliament validated water-rates had been levied on a graduated scale for any year ending not later than June 30th. 1923, by certain bo|Tough councils and town boards, in. ignorance of the ifact that the jfrower of graduation given by the Municipal Corporations Act, 1908, had been, altered by the Act of 1920, w hich provided for a uniform rate only. Among the local bodies w r hich had. thus erred was the Pukekohe Borough Council, which,, in August last, made and levied ljates under the abrogated system. In Septemoer an injunction was granted by the Chief Justice, at the suit of OHenky G R. Mason (Mr Quartley), rest rain i'ng»the Borough Council from collecting*tne qates in question. Since the passing, of the validating clause a motion, was made in the Supreme fore Mr Justice Stringer, on of the Borough Council (Mr Endean) for an order .dissolving the injupno tiom

Mr Justice Stringer yesterday gave? judgment upon the motion for dissolution. His Honoir salid it had been admitted in argument by Endean. that the rates had not been made in conformity withi the Act of 1908, and it had been prgued on behalf of the plaintiff that such being the case the rates were not validated by this year’s Act, His Honor held that it would be unreasonable to impute to the Legislature 'the intention of validating all graduated rates already made,* irre- J spective l of whether or nofjthey w<jre in conformity with previously existing law. Statutes were not to be treated as haying any greater re-? trospedtive operation than their language .and purpose rendered necessary The motion was therefore dismissed with £7 7s costs and! disbursements.