The Rating Question.

Wairarapa Daily Times, Volume X, Issue 3197, 6 May 1889, Page 3

The Rating Question.

The following opinion has been given by Mr W, G. Beard at the request' of the Masterton Boad Board, s— on the question as to whether certain ■ Bpeciul rates should bo paid on the TwLiß of the last valaatiuu or of the in force when the rate was decided upon 1 understand that the Masterton Boad Board has raised certain loans under" Tho Roads and Bridges Construction Act, 1833," and that these loans are secured by special rates made urder the provisions of section • 55 of that Act, which states that the rats so made shall be an annually recurring rate, to be levied year by year, without furlberproceedings until the loan in respect of which such rate is made is paid off, Also that-my opinion is required as to whether the rate so made is, duriny the currency of - eueli loan, to be based upon the valuation roll in force when such rate was made, or upon the valuation roll at the time being iu foice. Section 55 of the Act provides that the rate shall be an annually recurring rate, and that it shall be levied from year to year, until the loan is paid off, and at first sighc it would appear that the rate and its basis, viz., the valuation roll in force'whon the rate was struck, were fixed and contiuued throughout jibe currency of the loan unless (■Rfcreased or diminished as provided by Motions 56 anil 57 of tho Act. jtlbese two sections, however, us will appear horeafter, do not affect the case submitted. With the Roads and Bridges Act, the Hating Act, 1882, is incorporated, and section 15 of the latter Act provides That every rate made by a local body shall be subject to (inter alia) the following conditions, That it be of a stated amount in the

pound upon the ratable values of tho ratable prapefty as appearing in - the valuation roll for the time being in force. There is an exception to this condition in cases where it is othorwise provided by any Act; but the case in question does not come within the excoption, Tho valuation roll for the time being in force, is therefore the roll which from timo to time must be taken by the Board in making its rate, It may be well for me also to point out to the Bwd that under section 22 of tho ' Local Bodies Loans Act, 1886, loans raised under the Roads and Bridges Coustruction Act are to be deemed loans within the meaning of former Act, and that the provisfjPfens of part 2 of that Act apply to loans so raised. The expression, "annually recurring rate," used in these last-mentioned Acts, means, I think, that the amount of the rato abii beaclui'ly fixed, and that tliia- , Bhall continue throughout, the term for which tho loan was granted, Section 27 of tho Lowl Bodies Loans Act, however, renders it unnecessary to levy a greater part of tho rale than is sufficient to pay tho annual charges upon the loan. (Signed) Wm. G. Beabd,