IMPORTANT TO LOCAL BODIES

Ashburton Guardian, Volume VII, Issue 1697, 28 October 1887, Page 2

IMPORTANT TO LOCAL BODIES

»■ ■ — Dunbdin, Ootober 27. An important oatse to looal bodiea was before the Supreme* Court to-day, being a case of F. H. Daniel arid others v the Oorporation of Lake County, an appeal gainst the deoliinn of tbe R.M. of Queenstown. Ia this case the Oorporation h mI «ned apellanta m the Court below for B*l surcharges by the Controller-General iih»»'og been wrongfully expended, and iLf BKigietrate gave judgment for the am. unt. This was an eppe_.l against that decision. Mr Danniston, for appellants, dealt principally with tbe question whether plaintiff, where entitled to sue, and maintained that the Controller should have aaed m hia own name, as it was clear pc oould not use the name of the Council without their consent ; and pointed ont that the Act raid he should sue and pay over the money to the local body, whereas if It came into the bands cf the Council the Controller could not pay it over . This the local body might strongly disapprove of, and how oould they be liable for costs if unsuccessful % Specific consent should be obtained. Mr Baggitt replied maintaining that the course adopted was the only method of reconciling the provisions of the Aot. Mr Jootice Wllllami eeiotved f judgment, j