Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. Saturday, February 1, 1882.

Poverty Bay Standard, Volume X, Issue 1032, 4 February 1882, Page 2

Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. Saturday, February 1, 1882.

In the case of Oxenham ®. the Chairman, Councillors, and inhabitants of Cook heard recently in the Resident Magistrate’s Court, Gisborne, llis Worship Mr. Price took occasion to make some pertinent remarks upon the subject of Corporation contracts. For a wonder, the defendants in the present action were victorious. Mr. Oxenham contended that he was entitled to a sum of £lO 10s. Cd., for spreading gravel on the main road between the cemetery and Makauri. The Council alleged that the “spreading ” formed part of the original contract. The suit might be termed a ty-iendly one, but it nevertheless gave rise to much argument, and shewed clearly that the question of determining the phraseology to be employed in drawing up the terms for important contracts should not be left to persons whose training has been of such a character as preclude the necessary knowledge of the subject. As a matter of equity there can be no doubt that His Worship’s decision was perfectly just. From the surrounding circumstances it appeared tolerably evident that it was part and parcel of Mr. Oxenham’s contract to spread the gravel on the County road. But that fact by no means exonerates the local body whose duty it was to protect the interests of the public. Had the question involved in the case of Oxenham v. the County Council been for hundreds of pounds, and gone before a jury, the equities of the case might not have been so strictly preserved. There was no doubt, His Worship remarked, that the contract with the Borough Council included the spreading of the gravel. From the terms of that contract the County Clerk drew up the agreement between the County and Mr. Oxenham, but the clerk did not use the word “spreading” in the document drawn by him. He considered the contract with the County was on the same basis as Mr. Oxenham’s contract with the Borough, and that when defining the the particulars he used the words pro rata, they included everything. The conclusion may be fairly drawn that •o long as that expression was employed, it was a mat er of small consequence in the opinion of the clerk, whether the works Mr. Oxenham had to perform were or were not distinctly specified. Where such verbal laxity is permitted to exist the inevitable result to be looked forward to is litigation. “I certainly think,” said Mr. I’bice, “ that in all these public bodies, their officers should be very careful in drawing up important, documents of this character, in order to avoid hereafter the costly dispute that may arise.” Hereupon, Mr. W. L. Hees observed that the fault did not rest with the officer*, that it lay with the Councillors themselves. The truth of this observation will be apparent to anyone who will give the matter a moment’s reflection. The officers are the servants of the Council. If the jfficers are incompetent or undertake work that properly speaking should not come within their province to perform, the Counc 1 occupying the position of master must not shirk its responsibility. In many important corporate bodies solicitors are employed as clerks, and their legal knowledge is found to be invaluable in ireventing costly actions at law. Cr. fowxLEY has a motion before the Borough Council that will come on 'or discussion at its next meeting, for the appointment of a solicitor for the Borough. That step appears to bo a wise one. The County Council have

a similar object in view. But in order to maintain an economical control over the local revenue, the two Councils should consult upon the subject as to whom they would choose for the office, t he one solicitor could readily undertake the work for the two local bodies. We believe a large saving would thereby be effected, and such a course would tend to their working harmoniously. From the nature of things the two Councils will be more or less dependent upon one another. M hat ever tends to the conservation of their mutual interests, will contribute to the prosperity of the district as a whole. We commend the matter to the early consideration of the local representatives.