THE £110 AWARD.

Waikato Times, Volume XX, Issue 1646, 23 January 1883, Page 2

THE £110 AWARD.

His Wor&hip the Mayor of Hamilton has received a writ calling upon the Borough Council and burgesses of Hamilton to attend at the Supreme Court, Auckland, on the 28th Maich next, to show cause why the award made by Mr T. Macffarlane, the judgment entered thereon, and the writ of Fieri Facias issued should not be declared voisl and set a&ide, upon the following grounds :—l.: — 1. That the said appointment is bad in law, inasmuch as there was not at the time of the m iking thereof any power or authority vested in the Governor to make such an appointment for the purpose, and in the circumstances disclosed in the said affidavits. 2. That the said appointment is not, nor does it piofess to be, an appointment under section 33 of the Municipal Coipoidtions Act, TS7G, or under section 11 of the Municipal Corporations Amendment Act, 187S, or an appointment to make an award instead of the commissioner of audit, 3. That the person so appointed was not then one of the commissioners ot audit referred to in the said section 11. 4. That the said award is bad on its face, inasmuch (1) as it does not set forth any power or authority to make the same ; (2) that it does not deal with the several matters mentioned in the said 33rd section ; (3) that it does not profess to be, nor is it an award under the said sections 33 and 11, or either of them. 5. That the said sum of £40,000 iv the appointment and award mentioned was not at the time of the constitution of the said borough and severance from the said county the personal property of such county, (i. That no such moneys which could be claimed to be part of the said sum of £40,000 were received by the county conned, nor did they become the property of the said county, nor had the said county any right thereto until after the constitution of the said borough and severance as aforesaid. 7. And upon the further grounds set forth and disclosed in the said affidavits.