THE TARIKI SPECIAL RATE

Taranaki Daily News, Volume LII, Issue 190, 23 September 1909, Page 3

THE TARIKI SPECIAL RATE

SETTLEMENT ARRIVED AT. A settlement has been arrived at in the ease of John Davidson, of Tariki, versus the Taranaki County Council, which was heard in the Supreme Court about two years ago, when the plaintiff applied to the Court for an order restraining the Council from collecting the Tariki road special rate.

For some seventeen years or so the ' Council had not been collecting tlie < rate, but paid the interest on the loan out of the general account. To this the ' Treasury took exception, and insisted ■ on the Council collecting the rate. This ' the Council proceeded to do, and trouble ensued. People who had been land- , holders in the district for from ten to 1 fifteen years heard for the first time of 1 the rate and refused to pay. The Council sued in some cases, and obtained ludgment. Corresponding with the Treasury, the Council learned that the oan wa6 raised many years ago for rork on the Tariki road, and was rusd over the Tariki road special rati.ig rea. Then Mr. Davidson sought this njunction, and a day was occupied in a justifying hearing of voluminous eyience and still mure voluminous arguaent by Messrs A. H. Johnstone (who ppearvd for the plaintiff), and Mr. 1). lutclien (lor the defendant). The udge reserved his decision, and it evenuallv transpired that his Honor was inable to decide upon the maze ol facts irouglit before him. So he referred the natter back to counsel for a statement I the ease. Some time elapsed, and hen the County Council received corrcslondence suggesting a settlement of thj natter without further litigation whidi t appeared would be necessary before a leeision could be obtained from the *ourt, the suggested terms of the setlement'being that the Council should indertake not to collect the rate (this n accordance with the suggestion of he Judge) and pay the plaintiff's cos'.s, j mounting, we believe, to £25. This | he Council declined to do, j It must be mentioned that the evHnee of some of the Treasury officials rns taken ill Wellington, and ft was liown that the Council had not been orrectly informed of the facts, anl hat their case was not as strong as liev deemed it to be. This evidence bowed that the so-called loan was a onvereion of an old loan and a Govcmnent grant made in respect of the Tiiki road and some other Toad or roads n the county. The facts had not been •btainablo by the Council, either from he Treasury or from its own records. The terms of the settlement are that fee defendant corporation consents to udginent for an order restraining the efcmlant from levying, demanding, co',fcting or enforcing payment of the epelal rate in respect of which this action pas brought, and pays to the plaintiff he sum of £ls as his. costs ol the acion. Mr. J. B. Roy, county solicitor, ondueted the negotiations for the deendnnt.