UNUSUAL ACTION

Evening Post, Volume LXXXVIII, Issue 61, 9 September 1914, Page 8

UNUSUAL ACTION

TOWN COMMISSIONER PRO. CEEDED AGAINST WERE CERTAIN PAYMENTS LEGAL? A case containing interesting features occupied the attention of the Upper Hutfc Magistrate's Court to-day, when Alfred Ctidby proceeded against Angus John. M'Curdy for the refund of all moneys paid to the defendant by the Upper Hu'tb Town Board from the date of M'Curdy's election as a Town Commissioner. The informant also claimed a penalty of £10 as provided iby the provisions of tha Act. Plaintiff was represented by Mr. J. S. Barton, and defendant, by Mr. P. \V. Jackson. It was explained by Mr. Bartou th&t the action had been brought tinder the Public Contracts and Local Bodies' Contractors, Act, 1908, section 8. Plaintiff was one' of the biggest ratepayers in tho district, and he and the men behind him were merely desirous of having the matter investigated. M'Curdy, who was connected with the Upper Hutt Independent newspaper, rendered accounts to the board for about six months' printing work. These were paid. During this time M'Curdy was a member of the board. The points at issue were : (1) Was M'Curdy a member of the Town Board ; (2) did M'Curdy enter into contracts} (3) did he receive payments in respect of these contracts ? Counsel submitted that defendant had attempted to mislead members of the board regarding the ownership of the newspaper, and had thrown dust in the eyes of the AuditDepartment. Counsel pointed out that tho Independent newspaper receipts had been signed by T. & Smedley, which individual they had been unable to trace. Lengthy evidence, mainly bearing upon M'Curdy's relations with the board and newspaper, was heard, after which the case was, on the application of Mr. Jackson, adjourned to Wellington, .for legal argument. Mr. D. G. A. Cooper, S.M., was oa the Bench.