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STANLEY, BURKITT
Municipal Board of Mussoorie – Appellant
Versus
H. B. Goodall – Respondent
JUDGMENT :
STANLEY, J.
1. Of the grounds of appeal mentioned in the memorandum of appeal, two only have been pressed in argument before us. The others have been abandoned, The two points which have been pressed are—(1) that the suit is barred by limitation, and (2) that the Municipality are not responsible for the wrongful acts of their Secretary. The suit was brought by the plaintiff for damages for an alleged illegal distress. The circumstances being shortly as follows:— In July, 1898, the Municipal Board of Mussoorie, acting under rule 54 of their bye-laws published a list of houses within the limits of the Municipality, and the assessments made in respect of those houses for the purpose of calculating house-tax. According to this assessment, the value of the plaintiff's house was increased by a sum of Rs. 200, namely, from, Rs. 1,000, at which it has been valued previously, to Rs. 12,000, the value stated in the assessment. Notice of this assessment was duly published on the 28th of July, 1898, and thereupon Mr. Goodall, the plaintiff appealed against the assessment to the Board. The appeal was rejected. Subsequently, on the 23rd of August, 1898, Mr. Keating, the Secretary of the
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