COUNTY RATE DEFAULTERS.

Manawatu Herald, Volume III, Issue 68, 26 April 1881, Page 2

COUNTY RATE DEFAULTERS.

A matter of some importance has been brought under our notice, viz., the hardship to which settlers iv the Otaki, Horowhenua, or Foxton districts are put by being summoned to Palmerston for county rates. The Resident Magistrates Act declares that a Magistrato can hear only those cases in which the cause of action has arisen in his own district. There can be no doubt, therefore, that the County Collector is clearly within the law in summoning defaulting ratepayers from north, south-east or west to Palmerston, which is within the magisterial district. Still, it is questionable whether as a matter of practice this should be allowed. It is, we believe, a rule with most Resident Magistrates to insist on all actions being heard where the cause of action arose, and for a very obvious reason, via., so that every opportunity shall be given to the defendant to obtain justice. We think the same course should be adopted in this district. In fact, we rather fancy hi& Worship the R.M. would open his eyes if he found a Foxton storekeeper summoning all his debtors to Palmerston. Yet the cases are exactly similar. The notice issued by the County Council is to the effeci that the rate is due and payable at the County office, Foxton. Clearly, then, the cause of action arises here, and the summonses also should be issued. Otaki is some fifty miles away "from Palmerston, and no debtor could possibly go to Court

there and return in less than three days, consequently many persons would rather allow a wrong claim to go by default than attend the Tourfc and defend the action. Of course we do not wish for one moment to insinuate that Mr Mowlem would sue for a claim not legally duo. We have too high an opinion of his integrity to wish that to be inferred. But we think it will be admitted chat dishonest persons could work many a swindle if permitted to summon debtors from one end of a magisterial district to the other. Although Foxton is the county town we have no desire to see defaulting ratepayers indiscriminately summoned to this place. We would be quite content if a rule were made that all debt cases were to be heard at the town nearest to that in which the cause of action arose. Now the matter has been brought directly under the notice of the Resident Magistrate, we hope some action will be taken in the direction suggested.