SUPREME COURT.
IN BANCO. Thursday, August 19. (Before his Honor Mr Justice Williams.) The Princes street Widening Matter.— The Solicitor-General v. the Corporation ol Dunedin. Motion for injunction. Mr G. Cook and Mr Macassey ajipeared for the SnlicitorGeneral; Mr James Smith for the Corporation; Mr Stout and Mr Haggitt for the manse tenants, except gßielfield.—Mr Smith stated that the posit ion assumed by the Corporation was one of strict neutrality—the Corporation would simply submit to the judgment of the Court.— Having read tho information filed Mr Cook said the general grounds on which they proposed to go were those (1), that the acts of the Corporation were ultra vires and involved a breach of trust; (2). that, assuming the Corporation not to be prohibited from urchasing land and paying compensation for street-widening purposes, yet the proposed expenditure would be a wasteful and extravagant expenditure of the Corporation funds, and unjust and unfair to tho bulk of the citizens, and would on that account alone be a breach of trust; (3), the transaction involves a breach of trust through the conduct of the defendant Fish ; (4), that the tenants being bound by estoppel to the amounts of their submitted claims the arbitrators had no power to award them »u excess. On the first ground—which was as to the power of the Corporation acquiring lands-he submitted (1) the Corporation had no express power by statute to purchase land for the widening of the streets of tho City, or to pay compensation for a likepurpose ; (2), nor have they any imulled power to do so by the authority of their incorporation Hie next argument was: If the Corporation
power to purchase, n© funds existed or were authorised to be raised out of which the purchase or compensation money could be paid. [Left sitting.]
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Evening Star, Issue 3896, 19 August 1875, Page 2
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300SUPREME COURT. Evening Star, Issue 3896, 19 August 1875, Page 2
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