THE HARBOR BOARD LOAN.

Oamaru Mail, Volume XXXVI, Issue 10059, 29 January 1909, Page 2

THE HARBOR BOARD LOAN.

JUDGE ORDERS RECEIVER TO PAY COSTS.

By Telegraph. (From Our Own Correspondent.)

Duncilin, January 29.

"Mr Justice Williams this morning save judgment in connection with the summons 'for an order to pay accounts in the matter of the Oamaru Harbor Board loan. His Honor, in the course of his judgment, said the object of tho Act was to enable the Board 'to raise a loan to buy ami equip a drediic to be used by the Board for the purpose of currying out the duties of maintaining the harbor imposed on them by the earlier Act. The passing of such an Act seems to mc to be a recognition on tho part of the Legislature that the Board were justified in promoting the Act in order the bettor to fulfil the duties so imposed on them. If the Legislature thought it proper to pass the Act, it was proper for the Board to have promoted it and to have expended such sum as mi"ht be reasonably necessary for that ■purpose. The only fund in the hands of the Board out of which such expenditure could come is the Harbor Fund. Tho expenditure wa6 made in order to enable the Board to carry out and maintain the harbor works as efficiently as the Legislature, by the passing of the Act, recognised. The expenditure was therefore justifiable, and would properly come out of the Harbor Fund. So also should the cost of taking the poll be paid. Tho taking of the poll is an act which the Board are emnowcrcd by Statute to do, and the cost of it is bv section 166 of the Harbor Board Act. 1908, made payable out of the Harbor Fund. The general principle s that tho appointment of a Receiver dors not interfere with the statutory duties and powers of the Board. The Board, therefore, are entitled to bo paid out ot the funds in the hands of the Receiver sums reasonably expended in the exercise of their duties and powers, unless it appear that such duties and powers have been in some way or other improperly exercised. The items claimed seem, however, to include matters -which are not properly chargeable, especially in respect to taking tho poll. Tho Board are entitled to the cost of taking the poll ot rate payers in the manner prescrilxxl by the Act of 1882, but to nothing beyond that. There should be a reference to the registrar to determine what ought, to bo allowed both in respect of tho cost of tho promotion of the Act and of the taking of tho poll.