THE HYMAN MARKS AWARD.

Press, Volume LV, Issue 10129, 31 August 1898, Page 2

THE HYMAN MARKS AWARD.

The award of'Mr R. Beetham (arbitrator) in the case of W. H. Bowen v the North Canterbury Hospital Board was deposited, with Messrs Stringer andCresswell yesterday morning, and was taken up by Messrs-: Beswick and Harris, as solicitors for Mr Bowen, in the afternoon. After reporting the order of reference, the award proceeds as follows:—"(1) I do award that the plastering of the said works has been carried out and completed by the said contractor in a proper, skilful, and workmanlike manner, in accordance with che provisions of the said contract and specifications, and I do award and adjudge that there is now due and owing by the said Board to the said contractor the sum of £1727 3s 3d, together with intereat. thereon at the rate of £5 per cent, per annum, computed from July Ist, 1898, until payment, and that

the said Board shall forthwith pay to the said contractor the said sum and interest before mentioned. (_) I do award and adjudge *hat the said contractor has not rendered himself liable tc the penalties se. out and provided in the said contract, or any of them ; and that there is nothing due and payable by the said contractor tm the said Board by reason of the said works not hay« ing been completed by the said contractor within the time named in the said contract, and that the Board is therefore not entitled to make any deductions from the moneys payable under the award to the contractor in respect of any delay - in the completion of the said' work?. » I do award, adjudge, and direct that the Board shall pay to the said contractor the costs incurred by the said contractor in ', connection with the preparation and execution of the deed of Bubmiasion, and also' the said contractor's cost of and incidental to the action now pending in the Supremo Court of New Zealand No. 2763', between the said parties, and: of and incidental to.' a summons also depending in the said," .court-issued.by ..the said Board for a .cay'of proceedings" in the said ""action, and tie reference to arbitration irt the matio-s ie-. . ferred to in the said summons, and in the' ' affidavit in support thereof, and I a-itss, the amount of costs at £83 7s, and dhfci that the said Board shall pay the s. n»e to the 'said contractor forthwith; '.&) i do awg.ru, adjudge, and direct that the insta of the reference and award 0. Lnv».e and, paid by the said Board.—(Si.jaVtl.l..MJ* MOND BEETHAM.