CLAIMS OX THE BOROUGH.

Poverty Bay Herald, Volume XIV, Issue 4773, 26 January 1887, Page 3

CLAIMS OX THE BOROUGH.

A LAWYER FOREGOES A FEE. At ths Borough Council la3t night this letter from Mr Finn waß read :— "Padden v. The Council. — I have th honor to inform you that in this case the plaintiff was nonsuited, and on the suggestion of the Magistrate I did not press for costs. You will remember that I stated in the opinion which I delivered to you on the 15th ult. re Corcoran that I understood 'au order was made in this case against the Council under the Workmen's Wages Act, 1884.' On [enquiry it was discovered that no such order was marie, and it wa3 on this point the plaintiff was nonsuited. The Magistrate did not decide the other points raised by me, namely, (1) The effect of the assignment Corcoran to O'Neil, and (2) Corcoran'a bankruptcy ; but he referred to the oafle In re Barrier Law Reports, Vol. 3, page 370. It is my duty to draw the Council's attention to the importance of this judgment most important to workmen aud contractees. In the case quoted it has been decided by Mr Justice Johnstoue that by section 14 of the Workmen's Wages Act, ISS4, the claims of unpaid workmen to bo paid out of money in the hands of the contraccee have a priority over the claim of an Assignee of the contractor, even though notice of the assignment m iy have bsen previously given to the contractee. (I enclose report of this case for your perusal.) Were it not for the absence of the order mentioned in section 5 of the Act I am opinion that the Magistrate would have been bound to follow this judgment and give a verdict for Padden, because O'Neil's order, although accepted by the Council, could not in the face of this judgment prevail. Seeing that this was a hard case on the Council I will not m.ike any claim for the costs thereof." The Mayor said it was very unusual to be supplied with anything by a lawyer without having to pay for it. (Laughter.) Cr Towflley said it (showed Mr Finn's opinion that the Council ought not to have been sued. They ought to have had no Buch cases. Ordered that Mr Finn be thanked for his letter and courtesy. Ward and Cresswell wrote saying th c Council would be sued if it did not pay Con Doolan £8 18s owing him by Corcoran. The Mayor said there was still less claim in this case than the other. Cr Whinray said it was a very hard case. The Council would be justified in paying both. The poor men should not lose their money. Without binding themselves, they could let the claim stand over till the work was finished, and then favorably consider it. They muat admit the contract had been taken £100 too low, so even if these men were paid they would itill have had a very cheap job. Cr Lewia said aa bo that O'Neil's tender was only £1 more than Corcoran's. It was hard on the men, but it would be hard on the ratepayers to make them pay twico. There might be a lot more such claims, as Cr Cresswell had threatened them with. Cr Whinray said iv future contracts the w jrkmen must be first protected. The 2' r *vor thought they might let the mattei "stand over, without holding out any hope. , Cr Graham asked what was the good ot doing that ? The matter should be disposed of at once. If" Doolan had any remedy he could take it. Cr Townley said they were not sure it was a cheap job yet. O'Neil had told them he should expect much more. Decided that the claim could not be recognised.