THE Evening Star. PUBLISHED DAILY AT FOUR O' CLOCK P.M. Resurrexi. WEDNESDAY, MAY 14, 1879.

Thames Star, Volume X, Issue 3193, 14 May 1879, Page 2

THE Evening Star. PUBLISHED DAILY AT FOUR O' CLOCK P.M. Resurrexi. WEDNESDAY, MAY 14, 1879.

We hear it! ii iii' cdnteibaplatidn .by* the Borough ;authprities, to proceed against all persons-who, refuse, ( jjq,,pay their /portiqa of the,. r^oss t of ..laying, ihe asphalt pav?ment.- '-Many 'of our tßwnspeopie imagine "that this rate cannot bo collected, or that j 20?^. cjit/ootsfays one? one or both aides of the streets, and may coh« strucfc, the . same f s^pf . eue]i, dimeneionp and bf sij^h materials, a'jicl in euch t manner 'in all f r^tpecjp, aijt^ifiks^fii;,;;^.- 1;:' ..Y^'--..t ■]„ '.,,; ) % '2C3. The cost" of so':constructing' all j^uch footways, qr such'.preportibn of such ,cbst 'as lfcha C(|uncilyjfroin, titae to time, (directs, shall) be a charge upofe the owners of the lands and' buildings 'fronting ©n tuchr r- (--■vo -r.-;^;-.-!'-! -:''■'■ \[[-U,r- \

(1.) Such .cost and charge may be fixed by thY Councir bjr j any By Jaw in tbkt '"";;!' 0: behalf, according to the; description, :' ! ' dinieniipn»rand teaterials of the tfoet-

, ' (2.V The^oh'wge upon each owner oir'bbou., !' /v 1 pier of such lands or buildings shall be J ->!..-■ n. ,; m ' proportion t^e ]e D gW of - the footway ■'iidjoiriiag Buch lands ?or ill £ (3.) Such charge shall be deemed to be, aridUmay b«' recbterea as, a separate s -^^si^ occupier'^ayibl^lyiaoh charge :,UOf, Cjinay ;deoluct( \ gnyjreni' payable t0,,0r may otherwise recover , the fanie frpm t s the owner of the lands or buildings in respect of which 'he has paid the same. ; The[ J»?t •üb-section plainly says that the occupier having paid the charges for the oonßtrttejti^j.^.j':':gb^d);:'iopt^atbj9 l may reebrißr^ihe' ; qame|'Jr < p^.t^e <(oWiae'r of the property.. The,nque«tion, who is the owner referredto? is frequently debated. The following;!h r6'#e^er, ir the iiiteyjpretation apqn < -the}-.^rni^iQ, r the.j.^Lct':r7 <''!The owner of any property : mean? .the person t for thY time' t vbißin|g entitled'to' the rack-; rent thereof" What is meant by rackrent? and who is liable P, then asks for explanation ;- and >.thel following; is ; the ani^eri to; 1; tM* queifeohs ; aa- given ; to us" Ji>y' f a r legal? irien'dt'^T^e full yearly value of lands let upon lease is the rack-rent, and the receiver of th 4 great'eit,^annual value out of the property is 'rihi person ' who is liable for ffiTfeSiif >6f-H1&? asphalt- fobtpaths." To take a case very common in Shortland : the Native owners ! : let an allotment for £(? ;l per annum ; ; toj a person who builds upon it, and he in turn lets it to a business man, for trade .purposes, at a weekly rental of 15s; under -such circumstances the 1 tradesmanl 'would have to pay the, footpath charges in the first place, and could deduct it from his landlord, but the latter could not hold the natives, in the

case cite^lj^ble at all, for they were not the receivers of the greatest annual rental -from the property^ We make these remarks in order that ratepayers may not be put to the extra expense of Court charge's, for the law is quite clear upon the position of the occupiers of property; and if the Borough authorities summon any person for the amount due by him, a judgment will follow in favour of the Council—of course carrying costs, perhaps greater than thef claim in Ai the '■'outset.' ■■"'Ratepayers should bear in mind that the formation or footpaths is a costly work, and with the "limited amonnt °^ s*' disposal of the Council, the Work at present in hand will have to be stopped unless a "portion /of(the;arreiirß due, fpri work already rdone is paid. ySFe trust that thci Council will, if possible, continuethe work, so that by the, ?! timogtbe r jvet? w;^athjercarriv.e t s> good' footpaths may belaid down throughout at least the 1 principal streets, and that ratepayers will assist in the vwork by! paying their proportion o_f the cost.