IN BANCO

New Zealand Times, Volume XXX, Issue 6652, 28 October 1908, Page 4

IN BANCO

(Before liis Honor Mr Justice Cooper.) THE CITY COUNCIL v. HABELDEN. A curious question came before bis Honor, tho case being that of the Wellington Municipal Council v. Mr W. B. Haseldon (who is a Judge of tho District Court); Mr J. O'Shea appeared for tho City Council and Mr H. D. Bell, K.C., with him Air H. P. Von Haast, for tho respondent. The position was this: In 1890 a housp was built by a Air Johnson in Alolesworth street and was completed on July 12th of that year. This house was purchased from Air Johnson in September, 1890, "by Judge Haseldon. Before purchasing tho premises Judge Hasolden made inquiries from tho City Council and was informed that the drainage system of the house complied with the by-laws. In 1895 the Council connected tho drainage of tho house with the sewers. No objection was made up to that time to Judge Haselden’s house drainage and no demands were made upon him in regard to this matter until November, _ 1903, when tho Council served a notice upon him which was headed ‘'Section 274, Municipal Corporation Act, 1900,” and which required him to lay a fourinch drain and also , do other drainage work which was specified; in the event of non-compliance with this notice within thirty days, it was intimated that the work would be dono by tho Council and tho defendant would bo charged with the cost. Judge Hasolden did not comply with this demand ,or notice and the Council caused the work to bo carried out at a cost of £25 0s 6d, and sued Judge Hasolden for this amount and a further sum of 265, being five per cent, on tho cost of tho work and its supervision, and also £2 7s for interest. The case was heard by Dr AlcArthuv, S.M., who gave judgment in favour of tho defendant, Judge Haseldon. Prom this judgment the Council now appealed. Mr O’Shea asked his Honor to send the case back to tho Magistrate in order that the time when the drain was completed might be definitely determined. Having heard counsel in argument his Honor reserved judgment.