DISTRICT COURT.

Oamaru Mail, Volume III, Issue 726, 7 August 1878, Page 2

DISTRICT COURT.

'PHIS DAY. (Boft«« His Honor District Jmtiro Warii.) CIVIL. CASE. Back v. J axu T. Mkek. This was an action brought by Mr. Frederick Back to recover the sum of LB4 1-13. 4d., for rail wry charges. Mr. White (Timaru) appeared for the plaiutitf, and Mr. Hislop for the defendants. The defendants objected to the clana, setting forth that they had deducted tbo amount as the value of six bales of tornsneks lost by the department. A plea having been put in by the defendants' solicitor thnt the plaintiff was not entitled to su© fur the amount, it was decided to argue the point previous to taking, evidence, Mr. Hialop argued that in respect to part or the claim it could only be recoverable under the Publio Works Act, iS76, and that as the Gawette notice disclosed the fact that no fares and charges had been fixed in accort nice with that Act. the pluintiff could not"recover, as he had only 11 status to sue fo.- charges fixed in accordance with the provisions of the Act. The plaintiff could not sue except for charges properly made under the Act, as the Crown had no right to levy charges except under an Act of Parliament. As to the other part of the claim, it purported to be made for work done before the Public Works Aot came into force, so that Mr. Back had no status at all, his status being dependent upon the 146 th. section of the Public Works Aot, 187 G. After Mr. White had h&m heard in reply, His Honor sustained the objection, and the plaintiff was therefore non-suited. IN BANKRUPTCY. On the application of Mr. White, in the absence of Mr. O'Meagber, orders for the final discharge of the bankrupts were granted in the cases of James Stewart and Edgar Barnaby Pearoe. [Left sitting.]