CURIOUS ACTION AGAINST THE SYDNEY CITY COUNCIL.

Thames Star, Volume VII, Issue 1983, 13 May 1875, Page 2

CURIOUS ACTION AGAINST THE SYDNEY CITY COUNCIL.

.. We Lave been informed that Mr J. V. 'Layers has commencd an action against the Corporation "of Sydney, to recover the sum of £3,000, being the penalty of. £1,000 per month,.in consequence of the non-completion of the new Town-hall; in George-street, oh, or before the Ist of January last. 1 From inquiries which we have.made, it appears that by the 4th section of the Act 32 Vie, No. 4, the penalty was expressly imposed, and thaj; the time for the completion of the building was extended by the 36th Vie, No. 12, to the Ist of January last., No action, it appears, has been taken to obtain a further extension of the time, and the penalty .for three months—January, February, and March—has been sued For by Mr Layers. Mr Butler, Q.C., Mr Barley, and; Mr Salamons, were specially, retained by Mr Layers' solicitors yesterday afternoon. ; The following is the clause in the Act ,32 Victoria,- No! 4, passed 3rd' March, 1869, to authorise the appropriation of the old burial ground, or Cathedral Close, to certain municipal or other public purposes?—'' Clause 4. The said municipal . council shall vote £2.5,000 at least to be expended in building on the land so set apart for a town hall,. to be completed and fit for use on or before the Ist day of January, in the year of Our Lord 1872, and if the said sum is not expended as aforesaid, ■or the town-hall be, not completed within the time limited as aforesaid, the said.municipal council shall be subject to a penalty of. £I,OCO monthly, until the said sum shall be so expended,-or the said building shall be completed, and any colonist may through any competent court sue for, and shall oe entitled to the said penalty or penalties." ' ! On the 26th March, 1873, an act wa« passed'(36 Viet., No. 12) for an extension of time for completion of the Town-hall, in which the following clause occurs :—• Clause 2.—The time mentioned in the 4th section of the said act (above) as that within which the building of the TownHall as aforesaid should be completed, is hereby extended to the Ist day January in the year 1875."—Evening News, 16th of April,