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George Hurst, demurrer, improvement rate Moore Street Act and overdue rates Sussex Street, 1893-1898

Description

Unique IDA-00453512SeriesCity Solicitor's Packets, 1834-1977 [Municipal Council of Sydney / City of Sydney]DateBetween 31st December 1893 and 10th March 1898Date qualifierexactFormatLoose PapersDescriptionTwo claims against Dr George Hurst, the first in relation to the Improvement Rate on his property in Pitt Street and the second in relation to unpaid rates on his property in Sussex Street.

Action against Doctor George Hurst of Bathurst for payment of the Improvement Rate on his property in Pitt Street east side payable in terms of the provisions of the Moore Street Improvement Act of 1890 and Moore Street Improvement Amendment Act of 1892. Hurst was represented by George James Sly of Sly and Russell and City Solicitor, GC Waldron, briefed RD Pring, and FH Leverrier in the NSW Supreme Court Case no 2997 of 1896 against which Hurst entered a demurrer denying among other objections that Council had the right to levy the Improvement Rate. The case was heard on 29 April 1897 before Chief Justice Darley, Justice Stephen and Justice Owen who found for Council. Papers include briefs, declarations, pleas, replication, instructions for declaration, demurrer, demurrer book, joinder, law arguments, and notes made at hearings. Copy of writ served on Hurst with details of amounts alleged owing. Letter from Sly advocating a possible test case, rejected in annotation by Waldron. Retraxit by Sly of one count.

Papers relating to determination of costs (Roll no 247 of 2nd term of 1897) include notice of arrears by Hurst at 24 February 1896, invoice and receipt from United Typewriter and Supplies Co, 114 Pitt Street for typing, signed by LA Cooper; judgement; appointment to tax; lists of plaintiff’s costs; notes with costs for Leverrier and Pring; letter Sly and Russell enclosing cheque for £141/6/1 for taxed costs and claim 15 July 1897; Council receipt 19 July 1897 to City Solicitor for £114/13/6 for Moore Street Rates.

Letter and Statement 6 October 1896 from City Treasurer, Speer, of unpaid amounts re Moore Street Improvement Rates giving number on plan, ratepayer name, premises and amount owed at 31 December 1895, (most noted “paid”): Edwd Paton & J Rose; Intercolonial Land Co; RP Abbott; AT Fleay; D Wilson; HT Marr (deleted); WR Hall; JT Starkey; Lark & Sons; Mrs Wrench; Dr G Hurst; Mrs McMullen; Mrs Taylor; Mrs Bell; NSW Government.

List re Moore Street Improvement Rates for Castlereagh Street East Side with number, name of freeholder, 1st and 2nd assessment amounts, and annual repayments due on each: Edward Paton & J Rose, Victoria Arcade; John Starkey, Mrs Wangenheim, Intercolonial Land Company Melbourne; Benjamin Backhouse; George Evans, A Fleay; David Wilson; Real Estate Bank; HT Marr.

Claim against Dr George Hurst for overdue rates on land/premises in Sussex Street. Writ no 3751 of 1896 issued in NSW Supreme Court (renewed 24 March 1897 and renewed 23 June 1897) for rates due amounting to £180/17/4 for 1893-1896 for 4 lots of land in Sussex Street. Statement of city rates due to 30 June 1896. Correspondence from Edward Percy Simpson of Johnson, Minter, Simpson & Co requesting agreement to pay the amount due in instalments by forwarding rents received to Council. Letters accompanying payments and receipts for payments.LanguageEnglish (eng)Digitised recordNoBorn digital itemNo

Characteristics

Colour depthColour

Access

Public access statusOpen to public accessPublic access notePlease acknowledge the City of Sydney Archives.

Identification

Source system ID56/468

Data Quality

Authenticity & integrityThese are the original City Solicitor's Packets of the Municipal Council of Sydney. The records have been held in the Council’s custody and have a high level of authenticity. Users should be aware that these are historical records and the language used within the records was the language of the time it was captured, and may not reflect current community values or expectations.

Relationships

OrganisationSydney City Council

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George Hurst, demurrer, improvement rate Moore Street Act and overdue rates Sussex Street, 1893-1898