A VEXED QUESTION.
The following is the opinion given by the Borough Solicitor or the question submitted to him as to whether the raonev to be advanced by Mr Carroll tor work to be dona m Boundary street is to be considered a loan :'■ — "In reply to your letter I have tbe honor to call your attention to section 109 of the Municipal Corporations Act, 1876, aud to point out that the rate 1885 to 1886 is not yet capable of being calculated aud cannot therefore be paid. The proposed transaction, though an advance could not be a loan, because a loan implies an obligation on the part of the receiver. Section 167, being a penal enactment, would be strictly construed. Of course Mr | Carroll must take the risk of tha I discharge for rates being repudiated, otherwise he might be emtitled to a specific return of .tlie money, and m such case the transaction wou Id virtually be. a loan. If he deliberately and voluntarily paya his rates before they are struck he has no cause of action and cannot be considered a lender. Eliot Warbubton-
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Manawatu Times, Volume X, Issue 1286, 4 September 1884, Page 2
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187A VEXED QUESTION. Manawatu Times, Volume X, Issue 1286, 4 September 1884, Page 2
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