THE OMATA TOLL CASE.

Taranaki Daily News, Volume XXIII, Issue 151, 20 July 1901, Page 2

THE OMATA TOLL CASE.

* As the telegraphed report of the judg- . m.int in this ca'-e was nec ssirily brief, j and in view of tlio inte-est taken in ; the matter through >ufc the district, the . following extended r.'p >rt taken frim | tha Post is place ! b?fors our n aders : f —For app.l ant (Ho kai) it w.n con- | tended that the proceedings of the i I'aranakj County Cjuncil i-< Vonstitut- . ing the toll gate in 1889, and renewing the fame in 1892, h d not complied i with the provi-ioi.s of tho Pubic Woiks Act, 1882, and the Counties At, 1886. Tha Ma«istra e upheld >hi i ontention if tbd ■ appellant, snd re p indent (B. Morris, Toll Col--1 c or) iippeiled to the Supreme Court. Mr Justice Cono'ly i everse i the decsion cf the Migia'.rate, holding thi 1- - tha toll was lega'ly recovet a 1! Trie | r sent appeal was 'hat dec ; sion. Me.-sen Samuel a>)d G vett for the app&llan*-, and Mess s H. D. Be l and Meyers for the resp indent. Tlie Cuidf Justice reviow;d tho case •itloiigtb, and found for the reupo.id-mt ou a! 1 point-, being of opinion that th l * uppe >1 should bo dismiss d, with costs on i lie lowest sc<le. Mr. Jiistic) Edwards also le.d a judgment. Hj th there was much doubt as to whether t <e County Council had legally ccntin-i d the col-i iection of the toM after the threi years stipul.tfld in its i solution cf 1899. He did not think the toll coul lg l'y ha c l'ected,. and thereforo uphold the apppal. i Mr. Justice Co-pr fund that there' »as a continuom e'eain of resolutions' dealing with the collection of tolls, atd could nnt Fee that a frash noti6<ation of intm'ioa to con'inus a to 1 ! was: nec.36<uiy s-> long as the fe.le of tolls 1 continued unaltered. He did > ot 1 thick it was accessary for the Cmrcil to renew the toll every yeu\ Tne t ill j d mirded at the O oaU gate was a legal toll. The appeal should b j dis-oiis-ed wish costs. j The appeal was dismissed by a majori'y of the Court, with j costs. J