NOT THE CROWN.

Auckland Star, Volume LIX, Issue 95, 23 April 1928, Page 12

NOT THE CROWN.

LEGAL STATUS OF EDUCATION BOARDS. INTERESTING JUDGMENT. The legal status of an education board and its duty under the Wages Protection and Contractors Liens Act of 1908 were dealt frith in a reserved judgment given by Mr. Justice Blair in the Supreme Court on Saturday.

The action had been one in which John McCallum, sawmiller (Mr. Leary), proceeded against the official assignee in the estate of Sagar and Lusty, builders, and the Auckland Education Board (Mr. Towle) seeking to establish a lien under the Wages Protection and Contractors Liens Act. Plaintiff had supplied to Sagar and Lusty timber to the value of £223 7/9 in respect of a contract for the erection of a teacher's residence at Kaikohe. The builders became bankrupt, but there was still more than sufficient money unpaid by the Education Board to satisfy plaintiff's lien, and it was admitted that if the Act applied to building contracts let by the Education Board, the plaintiff McCallum would have duly established a lien for the amount claimed.

The submission for the defence was that an education board was, legally speaking, the Crown, and was, therefore, not bound by the Act, although there was a special clause in • the contract making it subject to it.

Giving judgment, his Honor said the funds of education boards came from various sources apart from Government grants. He held the opinion that an education board was not the Crown, and that, therefore, the plaintiff had, aB against the board, alt a sub-contractor's liens.