SELLING LAND FOR RATES.

Waikato Times, Volume XXXIII, Issue 2694, 17 October 1889, Page 2

SELLING LAND FOR RATES.

An Important Judgment. ll!V THLHGKAI'II. —OWN (.'OllttN.Sl'ON'miN'fl. Auckland, Wednesday, ■fusricn Coxor.r.T, at Hit! Supremo Court t i-(J;iy, cave judgment at an important. cisj, aii-iutf out of the sal", of land for raft's, by tin) Kubson County Council. Hi-. Honor said the action had been brought to set aside a onveyance of land to Mr McUougall, which had boon sold for 11011J payment of rates, 011:1 judgment obtained I by the Hobson County Council. Owing to I a blunder, the name T. M. Oiliver hud been put down for section 14 and two otlieis, so that then) were three names for the sum 1 land. Very little care might have shown this error to the person who made up the rate book. It appeared that Olliver's rat;* had not been pii I. foe C mncil had then procee.ieil against Oiliver, or owner, but the pirticiilars wero so bad that he wondered whv the R)i lent .Magistrate had entered judgment as he <ii<i against Oiliver. Tlie Iv'igisf t'ar had .written to the clerk of the Council tor further particulars as to the land to be sold for judgment, and the clerk had supplied the intoriiiaiinu. In doing so, lie did not incur any liability 011 behalf ot the Council, and s 1 .Mr Meskefcli'ii contention that his action dii not bind the Council could not be upheld, as he simply supplied an omis-ioii, the notice of silo were not perfectly correct, and no notice had been posted on the land. The land was not properly described till the time of sale. The conveyance of laud to McDougall stated that the land was conveyed on behalf of the owner, or owners, whereas it was sold as Olliver's land. The contention was that though all the proceedings had been irregular, McDougall's title was unimpaired, and cmld not stand in the present case. Oiliver had no ratable property, and this would justify the Court in sotting aside any judgment against him for rates, even if all the other proceedings had not been irregular. His decree would be that the conveyance be delivered up and cancelled ; that the Hobson County Council pay plaintiff £50 damages, and costs 011 tho lowest scale, with two day's extra at fifteen guineas a day ; that the Council pay McDougall'? costs 011 the lowest scale with two day's extra at lifteen guineas a day ; and that plaintiff pay £50 compensation to McDougall for improvements done on the land.