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COUNTY COUNCILS AT LAW

ELTHAJI VERSUS WAIMATE WEST. AN INTERESTING JUDGMENT. His Honor Mr. Justice Edwards has delivered judgment in the case of the Llthain County Council v. the \\ annate | est County Council, which was heard at the last sitting of the Supreme Court in New Plymouth, an originating sum moils under The Declaratory Judgment Act, 1908. Mr. A. H. Johnstone appeared for the plaintiffs, and Mr. J. B. Roy for the defendants' His Honor's judgment is as follows:

"The question proposed to this Court by tin? originating summons is as foilows: —'ls tlie liability imposed upon the Waimate County Council uv section 4 of the Waimate '\\>st CountV Act, 11)08, to pay to the Ivlthani County Council during the month of October i'l every year a contribution of ,C 10() enforceable in respect of the year 1!I08»' The liability imposed by the statute is a liability to pay the sum named duriig the month of October in every vear. If payment should not be made' within that month, then the statute provides that the sum named shall be ininicd.atcly recoverable as a debt. The Act came into force 011 tlie 10th of October, If OS. The Legislature, in making thienactment, must have been aware thai it was impossible that there could be a governing body in lh t . new county before the end of tnat month. J'he second subsection of the 4th seetion of The Waimate West County Act, 1908, provides that the Waimate' Una I District shall be deemed to be merged in the Waimate West County, liy the operation of the Slith section 01 'Fie Counties Act, 190S, the property of the l+o.i(1 Board of that district became vested in the corporation of the \\ r a i mule West County, lint until the election of the governing body that fund could not be made available for the purposes of tlie new corporation, 'l'll * is recognised by section (17, sub-section 4, of the Counties Act, 1008, which provides that- the expenses of the first general election in a new county may be advanced out of the Consolidated Fund, and shall be a debt due to the Crown. Until the election of tlie governing body, it was impossible that any writ or other proceedings could lie served upon the new corporate body: The Counties Act, 1908, section 102. it is, I think, impossible to suppose thai tlie Legislature intended by the same Act which created a new public body 11 impose upon that public body a liability in respect of which it nius't inevitably be in default before its governing body could be called into existence. The mandate is to the Waimate West County Council, the governing body: not to the corporate body. There could be 110 governing body 111 October, 1908.' llow, then, could the governing body make, default In the observance of the statutory obligation during that month? It is impossible, and the Legislature must be deemed to have known in enacting the statute that it was impos sible. The answer to the question put by the case is, therefore, 'NO.' The plaintiff corporation must pay the costs of the defendant corporation, tl'l 10s and necessary disbursements to he ascertained by the Registrar at -New Plymouth."

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TDN19090806.2.43

Bibliographic details
Ngā taipitopito pukapuka

Taranaki Daily News, Volume LII, Issue 165, 6 August 1909, Page 3

Word count
Tapeke kupu
539

COUNTY COUNCILS AT LAW Taranaki Daily News, Volume LII, Issue 165, 6 August 1909, Page 3

COUNTY COUNCILS AT LAW Taranaki Daily News, Volume LII, Issue 165, 6 August 1909, Page 3

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