Manawatu Herald. TUESDAY, NOVT. 10, 1896. A Nice Question.

Manawatu Herald, 10 November 1896, Page 2

Manawatu Herald. TUESDAY, NOVT. 10, 1896. A Nice Question.

» At the last meeting of the Borough Council a resolution was written out, but not carried, that notice be given that rates not paid by the sixteenth of December Would have ten per cent, interest added to the amount thereof Some discussion, but very informal, took place on this proposal, the Councillors apparently being doubtful whether the ten per cent, need be enforced. The Town Clerk paid he understood from the Act that it was compulsory, but eventually it was left for him to get Mr Martin's opinion. We learn that Mr Martin expresses it as his opinion thab the clause is mandatory, but he admits the clause in the Act is not very clear. Mr Martin's opinion will probably be bowed to, and rightly ; but the case is one which we should much like to see tested in a Court, as we believe that the ten per cent. , addition is recoverable if tho Council orders it to be, That is to say, power is given, only after six months after the rate has been struck, to recover the additional charge ; but we cannot make from the clause that it is absolutely necessary to add this fine. The clause relied upon is as follows : — 4I Where any rate» remain unpaid after six months from the date the 3ame first became recoverable from some person, such rates shall together with an additional charge of ten per centum of the amount thereof, be recoverable from any person liable to pay the same." The point which raises a doubt as to the clause being mandatory is the time when the fine shall be enforced, if eu forced, as it leaves the matter wholly optional with tho Council whether they sue a person for rates seven months after they were due or two years, as that is the space of time which the Bating Act permits a local body to give long-winded ratepayers. - It would ba manifestly unfair to charge a usually prompt ratepayer ten per cent, on his amount, when, say, he paid it within a month of its being over six months due, and that there should be other ratepayers nnsued owing rates for twenty-two months. The ten per cent, was proposed as giving the local bodies a lever to hurry up outstanding rates of long standing, and we think the use of it in another way is rather a hard tax on the wellburdened ratepayer. The Council, if they deoide to impose ten per cent should notify that they will not take proceedings to recover rates for a certain period after that addition is made to them.