SaturDay, Oct. 15

Tuapeka Times, Volume III, Issue 141, 20 October 1870, Page 5

SaturDay, Oct. 15

Corporation of Lawrence v. M'Nickle. — Mr. M'Coy appeared for plaintiff, and Mr. Copland for defendant.

Mr. Copland opened the case for the defence, and in a lengthened address, and quoting various sections of the Otago Municipal Corporation Ordinance, 1865, endeavoured to prove that the authority to sue, being signed only by the Mayor, was not sufficient. A3 the majority of the Council were not aware of the fact, they ought to have been consulted in the matter. , The Judge ruled that the authority

was quite ample, as the seal of the Corporation was attached, and, moreover, there was nothing in the rules to the contrary. He further stated that it was a pity that the time of the Court should be thus taken up, as an hour had passed and they had got no further than the seal. The whole of the Councillors were summoned to attend, but after the ruling of his Honour, they were not called. j His Honour remarked that it was a pity that the parties could not come to] some arrangement outside the Court.! M'Nickle offered to pay 25 per cent, on all defalcations prior to his insolvency. If the parties werj willing, he would suggest a mode of settlement, if they would wave all technical legal objections (both parties unhesitatingly consented.) His Honour then said that the case would merge into a matter pf arbitration. He would allow the Corporation £10 damages and £10 expenses on condition that the amount v. r as forthcoming (the money was at once paio), thus ending a litigation that threatened larger proportions. The amount of expenses incurred by the Corporation in actual outlay was £22 16s.