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Reports of Cases Determined in the Supreme Court of Tasmania Volume 2

Reports of Cases Determined in the Supreme Court of Tasmania Volume 2


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: THE MAYOR, ALDERMEN AND CITIZENS OF HOBART v. MAXWELL. 1900 Hobart Water Act 1893 and by-laws thereunder?By-law how tested?Water Bate Sept. 13. ?Domestic purposes. Clark, J. By a by-law duly made on 28 Sept., 1896, under The Hobart Water Act 1893, (57 Vict. No. 25, sec. 88) the Municipal Council of Hobart defined the uses of water which should not be included in domestic purposes, and by notice published in the Gazette fixed the charges therefor, but the notice was not given as prescribed by The Hobart Corporation Act 1893, (57 Vict. No. 11, sec. 276). The Council sued the defendant for the amount of domestic water rate on the assessed annual value of his property and for the amount of the minimum charge (under the notice) for water for non-domestic purposes. The defendant pleaded that no water was supplied to him for other than domestic purposes. All the water used by defendant passed through a meter of the plaintiffs for which he paid them rent, and part of the water was used for a garden the products of which were consumed in the defendant, s house. Held, that the minimum charge having been imposed by notice and not by bylaw was invalid; that the validity of any of the plaintiffs by-laws could be contested in the course of any suit or proceeding, as 57 Vict. No. 11, sec. 279 only prescribed the method of contesting a by-law ante litem motam; that the plaintiffs had no power to charge for water both by measurement and by water rate; and that the use of water for a pleasure garden was a domestic purpose. Young for the plaintiffs. Lodge for the defendant. 1900 Clark, J. This is an appeal from a judgment of Mr. Commis- Sept. 13. sioner Shaw in an action brought by the respondents against the appellant in the Court of Requests, at Hobart, to recover the sum..


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Product Details
  • ISBN-13: 9780217985918
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 96
  • Spine Width: 5 mm
  • Width: 189 mm
  • ISBN-10: 0217985912
  • Publisher Date: 12 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 186 gr


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