AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 469, 21 January 1881, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tukruay, Jan. 18, ISBI

Bkim)i>m-: Ju.s'i'iN Ayui.'v;:, Esq., 11 M

OlVll, CASKS

Okain's Road Board v Dalglish.—Mr 0, If. llenriinij appeared for plaintiff ; do fendant was present in person.

In this case, which }.:as been before the Court on morn than one occasion, His Worship now delivered the following

judgment:—

"The Bench arc of opinion that no mutuality existed between plaintiffs and defendant. The plaintiffs failed on their part to complete tlio l> ••irgain, and the do fendant, awaiting such promised completion, does not take possession of the jetty ; the defendant, therefore, is help'ess to collect tolls until the Boa:.! have done their part in completing tlic contract. Tlhk they persistently fail to do, although they promised (in writing) to do so at an early date after the acceptance of the defendant's offer. Again, by " The Road Board Ordinance" it is quite clear that the Okain's Bay Road Board is a body corporate, and the appointment of their oHieevs and nil acts and deeds fhonUl be under sealIt does not appear that the Okain's Bay Rond Board, in any eta::e of this transaction, used a seal. Judgment will therefore be ghx-n for defendant, with costs, 20s . costs to be refunded to defendant in first heari;!g, "As ; solicitor's fee, £2 2s ; and

olicitor's expense?!, .to:'