A RATE CASE.

Taranaki Daily News, Volume XXXXV, Issue 135, 9 June 1903, Page 4

A RATE CASE.

OASUEA ROAD BOABD T. MEREDITH. Ik the S.U. Court on Monday a rate pue, Oakura Boad Board v. E. 0. , Meredith, was heard. The Board sued defendant for rates totalling £2 3s 6d, Bide up as follows: - Ordinary rate from April Ist, 1901, to March 31st, 1903, j6l 2s ; intei est at 10 per cent, 2a 3d; special rate from July, 1901, to Jane 30, 1903, 19j 3d. The rates were claimed on sections 2a, 3a, and 4a, Koru town belt, and on section 13, block 8, Oape Survey District. Mr T. S. Wes'.on (Weston and Weston) appeared for the plaintiff Board. Defendant conducted his own . c*se- ■* Mr Wesson said it would probably "j, "ially shorten the proceedings if ' "fHHfr*. * B,ft ted his defence. ' taid that he maintained BefetfiJsßv ' ard was not properly thai the Bfcfrd Ik. ite had not been constituted atiij 4h© x. *• the collector

propeily struck; afro flft. I. bad not been legally app6l'fiw. •'howMr Weston put in the GlaSeite ing the boundaries cf the distru#. Mr Meiedith said to save time fitf! would admit the constitution of the. district. His objection was that the' Batoning Officer was illegally ap-J pointed, and therefore the loan was cot. legally raised. Mr Weston then put in. the various Gazette notices regarding the proceedings in connection with the loin and making the special rate, and showing the sections included in the loan area. He also »put in the Act under which the whole proceedings were taken by the Board, showing that the rate rol was conclusive evidence. He also read, the clause in the Local Bodies Loans j Act, showing that the Gazette notice j wis conclusive evidecce in the case of 1 special loan*< He strongly protested against any attempt to try to upset the j rataa. In fact-, the law specially pro- ] Tided, aa he had shown, that any inormality did not invalidate the rate.j! This was right, otherwisa no local body I would be able to raise a losn if it was liable to be upset on quibble.! He called I F. Lisle, clerk of the Road Board, wbo stated he received the salary £(f a year, 'He ,held the position more to help the district than anything I .figs. The position entailed more abusa ,

than anything tlee. He produced the rate book, and the rates claimed from the defendant. By defendant: He was appointed dark when Mr O. Lorney was chairmui at the salary of £i a year, The resolution wag in the minute book produced. The two bonk* produced were all he bad. He showed the defendant the minute took when ha came up. It most have been the book in Court, as that book was still used as a minute book. The office of .the Road Board was at his house at Koru. The annual meeting had not been held this year, •s it was adjourned on sccountof the wet weather. They held their meetings when business came up at the Oakura Hall, generally monthly or at six weeks periods; generally about the full moon. This was the c<se for the Board. E. 0. Meredith, the defendant, gave evidence that the .sp'cial rate was ■truck to metal a certain pirt of a road. The Board had taken 130 yards or so of gravel and placed it on a read over which the special rate was not struck. He had tried to see the auditor's report,

but could not get it. V e and others had tried to get this'metal put in the proper place, and the only way to ventilate the matter was te allow the Beard to sue him for rates. His Worship said that it was hardly the course for thedifendant to take. It wts bis duty to sue the Board if the Board had done wrong, not to allow the Board te sue him for rates. Witness continued, that he had written to the Auditor General regarding - the matter, and hn wanted to see the Auditor's report* He was refused any satisfaction by the- Board. He oould not find out .where or when they met, or anything about their doings. La fact the Board was a regular Star Chamber.

His Worship: As-a, ra'epayer you way be entitled tohjok at the auditor's report. What do they say ? Defendant: That* they have not got the auditor's report. Bia Worship: That is very likely. Dafendant: They are suppressing it. Hu Worship: I am afraid that 1 cannot help yon in the matter. Yon mast pay these rates. Judgment wag then entered up for £2 3a 6d, and costs £1 15b.