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Star (Christchurch), Issue 5562, 9 March 1886, Page 3

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' (Before Hiß Honor Judge Ward.) s. nutt (as chairman of thb halswell s road board) v. j. 6. Murray (as , chairman of the tai tapu boas i board). Mi Martin appeared for the plaintiffs. Mr Deacon appeared for the defendants. This was an action to recover £71 6s 7d, half the cost of maintaining the Dunsford Valley road, which divided the two Road ! Districts, and had been placed by the j Selwyn County Council under the control of the plaintiffs, directing that the defen- ! dants should pay half the cost of mainten- 1 ance. The defence was to the effect that i the road did not run between the two j districts, that the Council had not power i to hand its control over to the plaintiffs, : and that the amount expended had been i Mr Deacon took a preliminary objection that under section 23 of the Road Boards Boards Act, the Road Board should have sued in their own name the inhabitants of the Road District, and by an attorney appointed for the purpose. Mr Martin replied that the action was now brought under section 85 of "The Unincorporated Boards' Suits Act, 1870." The Halswell Board was not incorporated. He also referred to sections 133, 149, and 150 of the Road Boards Act. Mr Martin then opened for the plaintiffs, and was about to call evidence, when Mr Deacon renewed his objection. His Honor said that clause 85 of the Publio Works Act, cub-section 2, showed fck&t tHe Board was the proper party to sue and be sued. He had taken a note of the objection, however. Mr Martin called the following witnesses : — William Jameson, clerk to the Selwyn County Council : Both the Halswell and the Tai Tapu Road Districts were within the County. The Counties Act was in force in the County. (Technical proof put in.) Mr Deacon submitted that the power of the Council should be proved. His Honor thought that Mr Martin Bhould prove what steps had been taken under sub-section 1 of clause 85 of the Public Workß Act. The witness produced correspondence, Ac. [Left sitting.]