ANTEDILUVIAN LAW AND ILLEGAL ACTS OF LOCAL BODIES.

Kumara Times, Issue 2330, 15 February 1884, Page 2

ANTEDILUVIAN LAW AND ILLEGAL ACTS OF LOCAL BODIES.

[to the editor.] Sir.—lt must have been most amusing, though not very instructive, in the R. M. Court on Friday last, to those listening to the arguments pro and con of the learned counsel in the suit Stewart v. Simmons. Antiquated legal lore was bandied about ad infinitum. Refer, says one, to No. 21, Law Journal, Exchequer Division c 2, p 23, Lewis v. Carr. Refer to Law Reports, Court ' Common Pleas, Division 82, appeal Goodyon v. Williams ; and so on they went until one was left completely in a maze. And all I remember now is something being said about a Burton-on-Trent River Act. "What made me think about that was Burton's bitter beer. Now if our legislators would only be consistent, all the bother caused would have been spared; for if the "Municipal Corporations Act" had been amended in like manner to the " Counties Act," our municipal representatives would have known how they stood, and the Borough Auditors would have a wholesome cheque upon any illegal practices. Clause 64, " Counties Act Amendment Act, 1882," is as follows—"If the auditor shall report that any moneys have been unlawfully paid away by the Council, or that any liability incurred by the Council has been unlawfully incurred, any county elector of any riding in the county may in any Court of competent jurisdiction sue the councillor* who consented to such payment or, the incurring of such j

liability, and, either jointly or severally, for the amount of such payment or liability; aud may recover judgment for the same, together with costs, if it has been knowingly and wilfully paid or incurred without lawful authority/’ When the money so recovered is received by the county elector it shall be paid by him to the county fund, and any costs recovered and received shall be retained by him for his own use. Anti-fumigator. February 14, 1884.