IMPORTANT TO GAS COMPANIES.

Globe, Volume XXIII, Issue 2341, 4 October 1881, Page 3

IMPORTANT TO GAS COMPANIES.

[PBKSS ASSOCIATION TBLHGBAH.] WELLINGTON, Ootober 3. At the Magistrates' Court to-day the following important judgment was given by Mr Shaw, R.M., in a civil action, Patten v the Wellington Gas Company. The plaintiff lately entered into occupation of certain hotel premises in Wellington, and applied to the Gas Company for a supply of gas for ordinary purposes. In reply he was informed that gas would be supplied on the payment of arrears due upon the gas account of the previous tenant —£17 17s lOd. This he eventually paid, and brought the present action to recover. In defence the company pleaded justification. Mr Shaw pointed out that there was no statutory or legal obligation upon the company to supply the plaintiff or anyone else with gas. The case of Atkinson v Denby (6 H and N, 778) was very apropos. There a manufacturer, the plaintiff, being in embarrassed circumstances, offered a composition to his creditors, one of whom (the defendant) declined to receive it unless the manufacturer paid him a sum of £SO in addition, and gave him a bill of exchange. Plaintiff paid £SO and gave the bill, and the defendant then executed a composition deed, after which the manufacturer brought an action to recover £SO, when it was held that he was entitled to recover it back in an action for money lent and roceivod. On appeal, this judgment was affirmed. As regards the action against the present company, it was incorporated for the object inter alia.of the supply of gas to the city of Wellington and inhabitants thereof. To carry out this object the Legislature had conferred very special and substantial powers and privileges on the company, audit was noticoable that particular provision was made by section 14 of its Act for the recovery of rents due for gas. There was no indication anywhere in the Act that any further provision in this direction was thought necessary, or even contemplated ; that correlative obligation lay upon the company as an equivalent for the privileges and concessions so yielded. This he (Mr Shaw) took to be the true answer, that they were bound to carry out the true intent and meaning of their charter and sell gas to anyone who desired to purchase it ar.d hud money to pay for it. It appeared to him that the claim by which payment wai extracted was contra regnum et bonuni, and the retention of this money was unconscientious, and on the authority of the cases cited and many otherß he gftYe judgment in faTor of the plaintiff.