LAW REPORTS.

Dominion, Volume 3, Issue 928, 22 September 1910, Page 2

LAW REPORTS.

' SUPREME COURT. ■■. .-.. •• ■ V.

THE LIGHTING OF FEILDING. The Chief Justico hoard argument on an originating summons issued in a dispute between the I'eilding Borough Council, and the Peilding Gas Company as to the construction .of an agreement entered into between both bodies on November.s. .180e.-. : ,-" •It appeared that under the-terms of the document in question the Borough Council had the right; to ;grant. concessions to facilitate . the introduction of electric lighting on condition' that if the Gas; Company -were willing to the electric: supply it should have preference. The council was now desirous of itself introducing' . a, .-.'system'". of electric lighting, and doubts-had arisen .as to its full rights, and as to .what'pre-" ference, if any, should. be : given to the. Gas Company:: Accordingly the''Court was .asked-.to' determine—'■••- : " ".•;■;/>v.;: ■ (1) Is the binding' on : the corporation? ;' , " (2) If binding, can'-. the corporation establish electric lighting in the borough without reference to the. Gas Company? '■:.. (3) In the 'event of. the -corporation ob•tainingan order authorising-.'the.;, construction of a.'tramway ;:m.-'th'e\-borough and- prescribing electricity as ,the motive' power, could' it. in; delegating 'the authority, conferred .by. such; orderv.tb any'person' grant the auxiliary,right.to.supply, electricity .for lighting purposes, • 'without' giving the Gas.Comimhy prefererfee?.> Mrj C: P. /Skerreft, ,K.C. : , with'Mr;;?. P. Kelly, appeared for the Borough Council; arid, llr.\ Yon Haast. for' the Gas Company. .-;--,- v v':'- .-./,': : ! ':;- -v-"-';.', ;''i ■'~ -.- : Haying .heard:-argument,; '.his Honour i reserved jiis-decisioii.. -.•'■'•■■•.'•y .-'.'/'- :■■