THE CORPORATION V. J. MENZIES, JUNIOR.

Tuapeka Times, Volume VII, Issue 424, 9 January 1875, Page 3

THE CORPORATION V. J. MENZIES, JUNIOR.

(To the Editor) Snt, — As my name baß appeared pretty frequently in your columns of late as prosecuted by the Town Council for back rates, I crave space to state the ease as it is. The Town Clerk stated before the Court that he had not asked these rates before because he considered the paddock the property of my father, ■who, he considered, as a minister of religion, was exempt. I was astonished when I read this, as nearly two years ago I told the Town Clerk the field was mine, and if he wanted rates for it, to send in the bill. Instead of doing so, the Town Clerk only sent me about three months ago a bill for three years back rates, and fixing the assessment at a rental of £5 per acre, or £15 per year for three acres. This appearing to me extortionate, I sent a letter to the Town Council to adjust the assessment by arbitration. This the Council refused, and had not eren the courtesy to reply to my letter. When the assessment for the present year was laid on at the same rate it was appealed against, and it was then brought out before the R.M. that Mr. Jeffery's paddock, next to mine, was assessed at £2 per acre ; Mr. Brunton's (also next to mine), at £3 per acre ; while mine was fixed at £5 per acre ; and the R.M. decided that £7 was a fair valuation for the three acres. The next thing was — first a call, and then a summons for the back rates as fixed at £5 per acre — the full amount of the extortionate assessment which the E. $t. had condemned. Mr. M'Coy was then instructed to appear in answer to the summons, and to raise the objection that the rate was not entered at the proper date, and therefore could not be levied ; but he was at the same time instructed to say that I would pay at the rate the Court fixed for the current year. This the B-. M. suggested would be a proper ground of settlement, and my counsel affirmed my readinesss to pay according to that scale. The Town Clerk said that he had no authority to settle in this way, and his Worship allowed an adjournment that the matter might be referred to the Council, who, however, stood "on principle," and refused to listen. Being called upon to pronounce an opinion, his Worship found that Mr. Holmes had not strictly complied with the law, and judgment was accordingly given for the defendant, with costs ; at the earns time he indicated that the action was bad on another ground not raised in the action, viz., that the Collector had sued in his own name, and noc in that of the Town Council. I was therefore not a little astonished to find that the Mayor, in stating the case to the Council, represented it a nonsuit, and the Council, iriHts wisdom or folly, whichever it may be, had resolved to summons me afresh. I am anxious that the matter should *be clearly before the public, as it has been hinted that I am opposing a just claim. — I am, &c.

John Mbszies, Junr.