CITY COUNCIL OBJECTIONS.

Globe, Volume IX, Issue 1252, 23 March 1878, Page 2

CITY COUNCIL OBJECTIONS.

""At 8 p.m. yesterday Mr Mellieh took the objec tuns made by the City Council to the assessmenta made by Mr Cuff, city valuer. Mr Cuff was present to support his valuations. Dr. Doster and Mr Huddlestoue attended en behalf of the Council. Previous to Ihe objections being heard, Mr W. Ness complained that he had come all the way from Oxford to object to the valuation proposed by the Council on the Foresters' Hall, and he now found that this valuation had been abandoned. He thought it rather hi.rd that he should have been put to so much inconvenience, but what he wished to remark was that when the hall was unlet it would he exempt from rates by kw, and when let the proceeds were paid into the fund for the benefit of the widow- and orphans. He did not desire to cl dm his expenses for the day, and thought the Council ought to consider his remarks next year. Mr Ness then withdrew. ->Mr Cuff said that as the Council had abandoned the cases in which solicitors were to

have appeared, he would first like ..to raise the .Whnical point that the objections lodged by the ; City Council had been informally filled up. x-His. Worship,, after reading the Act, asked Mr Haskins (Town Clerk) if he had been formally appointed to fill in these objections. .. Mr Haskins said the Act allowed him to do so. , , Mr Cuff said double notices had-been sent, to most of the people, as it was found thmfc the first notices had been filled up wrongly. The first notice read was that of W. H. Dawe, N.W. quarter, who had been assessed at £3O, the amount desired to be raised by the Council being £4O. The notice read—" I hereby give notice that T object to the valuation, &c, as * my ' name has been interted therein," Ac, and this notice had been signed by the Town Clerk. In the second notice the word ' my' had beea erased, and 'your' inserted, and the amount to be raised was 'from £3O to £3o,' instead of 'from £3O to £4o.'" ;. Dr Foster said that in the form-of the noti.ee Jhe ceald not see any technical objection, as he had upheld similar, errors in promissory .notes. Mr Cnff was about to speak, when £>r Foster said he was present there to represent the Council, and where he.(Mr Cuff), was not. personally interested,,he (Dr Foster) should object to his being heard. , ';-.■«•«.'••'•' i. i. His Worship held with Dr Foster s view, but said Mr Cnff could be heard as a witness. Dr Foster said he saw by the Act that where a word was intended to be changed it must be written in brackets. His Worship said this was rather a peculiar matter, as it was an application to have a person rated beyond what he had been by the valuer. Mr Dawe, when receiving the notice might Bay here is a case that is altogether informal, and must mean nothing. That was at least what he His Worship would have said. Dr. Foster said he wa3 prepared to prove that a proper notice hid been sent to Mr Dawe. Could not his Worship understand the notice in question before him ? His "Worship said he ceTtainly could not. Kwt, it was intended to raise tie valuation from £3O to £4O, and then it |wa3 altered from £3O to £3O. If a proper copy had been sent to Mr Dawe, it was not a copy of the notice before him. Dr. Foster said that he was advised that such a notice had been served on Mr Dawe, who ought to have been present that day to object to it. His "Worship said that perhaps Mr Dawe did mb object to be rated at £3O. Mr CUff was about 'to make a 'remark, but T)r Foster objected to his speaking. Dr. Foster said that section 19 of % Act specified the objections very carefully, and the manner in which the objections must be made. His Worship said the technical difficulty was the copy of the objection that had been sent. Mr Haskins said he Was prepared to swear a;hat a proper copy had been sent to Mr Dawe. Dr. Foster then handed in a copy of the tsecond notice which had been delivered to Mr Dawe.

His Worship said he did not wish to throw any difficulties in the way, but the irregularity ftiad been sttoh a sweeping one that he was kound to take notice of it. The notice said the ■valuation should be raised from MO to .£3O, and •ofwurseas Mr Dawe did not object to that amount he had tuken no notice of it. The objection by the Council would be dismissed. The next case called was J. Gosling, N.W., valued fet J 24, amount proposed by Council, Sir Cuff desired to be allowed to make a few /remarks. Dr. Foster objected to Mr Cuff being allowed ito say anything; he was not there in the interest .of any of the parties. Mr Cuff said he was there as valuator, and lis contract with the City Council said he was -to attend that Court. He was prepared to stand on the merits of his valuations.

BBa Worship said he would allow Mr Cuff to iba present as the valuer, and he could be called *,£. a witness.

The Town Clerk having been sworn, said 4hat the «opy of the notice forwarded to Mr Gosling was not exactly in the form of that Wore the Court. Objection thrown out. Dr, Foster asked whether his Worship would not take some oth-r point. His Worship said the point of the irregularity of the notices was fatal. He did not desire to take any frivolous view, but if the notice served was not a copy of that before him, then it might have been another stating anything, which anight not have been objected to by the person *eceiving it. All he wanted to know was—as provided by the Act—whether an exact copy of the notice in Court had been served on the proper person. The town clerk, when asked the question, of course told the truth, and could not say that such was the case.

Dr. Foster said that the clerk could say that a notice to a similar effect had been served. His Worship said the condition was a very stringent one, and he was compelled to raise the objection though he had been prepared to place no frivolous difficulties in the way of the objections in questions being heard. Dr. Foster said he was prepared to prove that the information contained in the notice before the Court had been conveyed to the ratepayer.

His Worship said thi3 would merely be raising other difficulties, as it might be said that some kind of information had been conveyed in the street. He was sorry to have to rule on an informality, or appear obstructive, but he was bound to consider the condition laid down in the Act. Here (taking up a form) was a notice without any name on it. Dr. Foster said he should not be prepared to defend that objection. [Laughter.] Dr. Foster said he had not anticipated that such a point would be raised, and he would like a week to consider the question. He had only been requested to attend about half an hour before he entered the Chamber.

His Worship said his time was fixed for several days, and he could not definitely appoint a date to hear argument. He would however give Dr. Foster an hour —from 9to 10 a.m.— the following morning, if he desired. Dr. Foster laughingly remarked that he would not like to be confined to one hour. His Worship said he would formally adjourn the Court until Saturday, and it could then be adjourned from day to day until he had time to sit.

In reply to Mr Wood, one of the objectors present, his Worship said he would take care that full notice was given when the objections would be heard. The Court then rose.