SUPREME COURT.

Evening Star, Volume VII, Issue 1907, 16 June 1869, Page 2

SUPREME COURT.

THIS DAY. Nisi Peius. (Before Mr Justice Ward and a Special Jury of Twelve.) CEAWSHAW AND ANOTHER V. THE MAYOR and Corporation of Port Chalmers.

The t ial of ihis case was resumed, it was an action brought by Ashworth Crawshaw and Benjamin B. Willoughby, trustees of the estate of John Mi'lar, C.E., against the Mayor and Corporation of Port Cha’ Tiers, to recover the sum of L 240, together with interest at 8 per cent., for commission due to the said John Mibar. Mr Macassey, with whom was Mr B. C. Haggitfc appeared for the plaintiffs, and Mr Ba*ton, with whom was Mr Btewa;t, for the defendants.

Tee e?."e for the (Icfei-'e was gone into. A nonmii; was moved by Mr Er.rton, on Ilia follow - !!-; grounds That the plaintiffs coo’d noo see in tnoi .' own namco, under the d'-'ed of a-ra-igeme it; that the contract between toe Co ■porahoa a-nl Mr Millar, was inve’ d, the agreement rot having teen s.c/nned w th the com '.Don ecu! of toe Cor* p-.va. >o i; vhat no order v idee* sea l , or euffzc:/i d order, was giwn for the supply of dec; •!, for sea l , maps, <tc., a>d therefore the p'a'‘biffs were not e'bitkd to recover. The Jud 0 e was ujtV.etood to state that he was aga’ost Mr Bar ion on the first point. M e Stewart submit" ed, with reference to ;iye seeoi'tl point ivgod in support of a noni'fuk, that the Corporation of Fort Chalmers wkd i’Ou the power inhe -enc to employ a con* jsi cugiQOC To emoloy such an officer, Lwatfe-Juv "act beyond the scope of their H v The Mnniecp.’ Act, which wns of Inverca-gi'l and Port e Town Boards of those powers by reference as the rd of Dunedin. The ISth ' the Deuechn Town Board read as follows : “ ItshaU be lawful for the Town Board, ai-t'ng under an Ordinance, to appoint cle ’ s, collectors, treasurers (unless where monks ere ordered to be lodged with the Provincial Treasu er), surveyors, overseer®, and other offi -ers, with reacoaable sallies or a lowa-’ccs for their trouble.”

He loch it tli. tno authority was given to the Town Board to ayp.il itre'i of the le-urj of an e.ig'ueer ; that was an officer evidently rot coniemp'atfd by the Act. A 00 po 'r.t : 'i;i • ‘earted by st.-tute bad powers more sirlcffy denned thr i a corporation er is ting under common law, by chanter, or presc dpt on. His coateofoa was thereV, e that t . i e Town Bor, d had no authority to emn’oy a commit’ng eng'user. Assuming .hat Hs Honor was against b’m on that po" it, the usrii, point was C’at t h e power to rppoj ' t a i engineer had not been exe‘C’sed by the Board v/ith p oper forma’‘lre,. There were two classes of officers—in'eror and a'pe-i.or officers. With regard lo inferior officers, no doubt the Board c mkl make tocir appoint meats without those fo.-xaU. tics, of wh'ch a sed was q 10 ; but with regard to suostiov cSire.n no such power e-"sted, The learned counsjl eked “Oh - tty,” vo 1 . 1, as showing that the power, or ra her right, to employ Eevvanta w ■ hou j sea', appi'd only to car e" of ineker se v. U.s. it wou'd be adm tted tb:.t Air Mi 1 v was included in the h'st of superior sc -varus; and be cop'.cad'-d that one of Ha sianding ought to have been engaged with a I', the solemnities required by law. be had been meafoned that, at the t rue of Mr Milh. ’s engagement, the Board had no seal. That was no excuse, and he dared say that... Mr Mi'lar knew that the Board, make its contracts under scale ; wiiat he had done, he did with One cf the objects of maki.og^W^Sn^jji meats of superior officers under such officers were likely to enter ments which would be binding poratioa ; and it was necessary vfnal:' they should be armed with proper authority to bind the Board. It was clear that unless they were properly appointed they could not bind the Corporation. This rule would also apply to the smaller claims for extras. For the reasons that he had stated, he submitted, that there was no case to go to the jury, Mr Macassey was about to address the Court mon the first point ra’aed in support of the nonsuit; but The Judge said that it was unnecessary to do so. Mr Macassey then addressed the Court upon the second point- He contended in the contract which was en£mMLu|teJ be?gji tween the parties, Mr defined, and he submitted t naturally brought the office section of the Town Boards support of his contention bj appointment did not requi under seal, Mr Macassey citeonme recent decision of the Supreme Court of Victoria, in the case of Regina and the 80-st Collingwood Borough Council, Wyatt and Webb’s, L.B. The questions for the jury to consider were —Whether Mr Millar had rendered services, as alleged, to the Corporation ? and whether these services had been received by the Corporation ? Mr Barton replied at considerable length. The Judge held that the plaintiffs, as assignees of Millar’s estate, were entitled to sue in their own the second point, he contract should have As to the third under the Old Town wh : ch the Port corporated, that such sary to carry out the Board was created. But he thought there was evidence to go to the jury as to the maps and design for seal, and therefore would not order a nonsuit. The defence was, that the designs for seal and the maps were presented to the Board by Mr Millar. Four witnesses, hers of the Town Board, gave that effect. 1 The case had not concluded b’clock.