MERCER.

Pukekohe & Waiuku Times, Volume 6, Issue 241, 12 January 1917, Page 2

MERCER.

RIVER BOARD'S KATES. LEGALITY QUESTIONED.

The legalty or otherwise of rates struck by the Waikato River Board eugiged the attention of Mr F. V. Frazer, S.M, at th<* Magistrate's Court yesterday, when the Board sought tj recover from Mr W. C. Broughton, farme', of Ruawaro, near Fluntly, the sum of £1 Is 7d in respect of ra'es due. Mr J. Robeitaon, of the firm of Messrs Northeroft and Robertson, of Huntly, defended, and at the outset he raised the obj-ction (1) that the plaint note was bad as the defendant's address was not correctly stated, Pahiatua being given as the address, (2) that no demand had been made for the rates, and (3) that the ratea had been illegally struck. Mr Edward Hallett, clerk to the Piver Board, informed the Magistrate that he had expected the Board's solicitor to have been present and under t'jn circumstmcoa he suggests 1 that the case should be postponed.

On the Magistrate pointing out that the costs of an adjournment would exceed the amount of the claim, Mr Hallett stated that he would go ou with the case and, giving evidence, he deposed that all legal formalities in regard to striking the rates had complied with and rate notices seat out, Mr Broughton's demand note being sent to Pahiatua—such address appearing on the valuation roll.

Mr Robertson remarked that Mr Broughton had left Pahiatua some years and had paid rates to the Board since he had lived at Ruawaro.

The Magistrate held that it was open to bim to amend the plaint note by inserting the correct address. Mr Robertson, in support of his contention that the rates were illegally struck, claimed that by »he Rating Act Amendment Act, 1913, it was compulsory for a River Board, whoso district extended into counties in which different modes of rating were in force, value rating being in operation in Waikato and Franklin Counties and unimproved ratiug in Raglan County, to declare by resolution which of the systems (capital or unimproved value rating) should be adopted before making any rate

In reply to Mr Robertson, Mr Hallett stated that he could or could not say whether the River Board had passed such a specific resolution as he (Mr Roberts m) had referred to, but the rates were struck on the capital value. Mr Hallett then applied for an adjournment by reason of the new aspect of the case to enable the Board's solicitor to deal with the point raised. Mr Robertson agreed t) the adjournment provided his client was allowed the costs of the day, and, in suggesting that the action should be adjourned for a couple of months, he mentioned that there was a possibility of the West Huntly Ratepayers Association applying in the meantime to the Supreme Court for an injunction to prevent the River Boird collect id g the rates on the ground that the valuer, in making a classification of the lands, did not visit the properties. Mr Hallett: The Valuer is now dead, so you cannot question his doings The case was adjourned until Thursday, March 8 .h, solicitor's costs £1 Is and defendant's expenses £1 6s, a total of £2 7s, being allowed against the Board.

As the result of the activity, of the cewly formed Waikato Shipping Coy , Ltd., busiue s has never been more brisk on the river than it now is. Cn Monday next the s.s. Arapawa is due to arrive from Onehunga at the Waikato Heads with from 170 to 180 tons of general cargo, including some 40G0 cases of benzine and kerosene, which will be conveyed by the Shipping Coy's boats to the respective destinations —some of it at far up the river as Cambridge. Mr A L Stevenson, manager of the Auckland Laundry Coy., has been appointed business manager and secretary of the Shipping Coy. and will take up his duties about February Ist. In the meantime \lr C C. Davis, the managing director, is in constant attendance at the Coy's office at Mercer.

Owing to Mr E. Hallett'a office having been taken over by the Shipping Coy. the River Board's office has been transferred to the opposite side of the road—viz, in premises previously occupied by Mr C. Roose, jun. Mr iiallett, whose health has improved, has resumed his post as clerk to the River Board. Notice of a claim by the Aka Aka Drainage Board for £4500 bis been hdgjd witb the Uiver Board in respect to alleged damage to the Aka Aka eastern drain as a consequence of the Kivet Board's operation f.

The construction of the new wharf by the River Board fur use by the United Timber Co is being rapidly pushed od. There is a talk of tne local Maoris removing their encampment and mseiing-hous2 to Juakau. The reason of their proposej departure from Mercer is thst frequently their location, beint? oa Ijw-lying lands, surfers from floods.