FOXTON BOROUGH COUNCIL V. EASTON AND CO.

Manawatu Herald, Volume XXXIV, Issue 1001, 26 September 1912, Page 3

FOXTON BOROUGH COUNCIL V. EASTON AND CO.

CLAIM OF £3 FOR AN ARC

LAMP

Mr Moore appeared for the Council at the S.M. Court yesterday and said that after the summons had been issued the defendants had paid the amount of summons. He applied lor judgment on behalf of the Council for the costs. Mr S. Easton made a statement contending that the work for which amount the summons was issued was not properly completed until about two months ago and said he had not received sufficient notice from the Council. On the 20th of last month he had put a cheque for the amount of the claim into the Town Clerk’s letter box and he did not receive the summons from the Court until the 4th ot September. Mr Moore pointed out that the summons was issued and delivered to the Clerk of the Court on August 20th and it was some days afterwards that the defendant’s cheque for the amount claimed without the costs ot the summons was received. As me summons was issued befutc pay men: by the dc :ei:da;it.i the Costs also su ~uid be pam. Heaho pointed out that uic Town Clerk haa sent notice of the account to the defendants more than once including a notice that if the account was not paid a summons would be issued for it. The Magistrate said that when the summons was issued, the amount was still owing, the Council was therefore entitled to payment of the costs and he gave judgment accordingly against the defendants for costs 1 os.