JUDGMENT IN RE TIMMS v SPURDLE.

Wanganui Herald, Volume XIX, Issue 5488, 6 December 1884, Page 2

JUDGMENT IN RE TIMMS v SPURDLE.

The following is the full text of the judgment delivered yestei day afternoon ia this case. His Worship said :— •" In this case, at the close of the argument before luncheon, I decided that I had jurisdiction to determine it. I still think so, and ■ow getting at once at the matter to bo determined, I need hardly reiterate what was determined upon this morning, viz., that tho work was done at the Hospital, and that the defendant acted as Councillor of the Borough of Wanganui on two occasions during the time the work was being performed. I think tbab when the management of the Wangauui Hospitil was by the Act of 1878, vested with the Corporation of Wanganui, the Corporation became clothed with new and enlarged functions, and I find that tho actions of the Council when used for Municipal purposes, and when used for hospital purposes are not to be considered,or were not to be considered tho aots of separate bodies. 1 regret to say that I hold that the defendant go fat' as the first item of the o'aim is concerned, did work for the Counoil as within the meaning of section 61 of the Municipal Corporations Act, and that he thereby became incapacitated from acting as a Councillor, that having acted as Councillor during the time he was so incapacitated he is liable by the Aot to two penalties of £50 each. 1 therefore, as a matter of duty, givo the plaintiff a judgement for £100. I think I may exeroise my discretion as to costs.— Mr Fitzherbert : Not so ; they are provided for in the Act. — His Worship : I read it to be a permissive section of the Act. — A discussion then ensued betwixt counsel and the Bench on this point, Mr Fitzherbert holding that the costs necessarily followed the judgment, — Bis Worship at length consented to allow costs, but on the point of counsel's fee of three guineas he refused to allow the item, — Mr Barnicoat rose to ask that the amount of the five be paid to the Town Clerk, when His Worship took occasion to remark that he wished to express regret at having to decide as he had done, and be would be glad to assist in having the matter sent to a higher Court. With regard to handing over the amount of the fine, that was not before him, and he would not decide the point. — Mr Barnicoat said he was satisfled, as he saw by the Act that the fine had to be paid to the Clerk of the Court, and it would rest with him to hand the money to the Town Clerk. — Mr Fitzherbert said to do this would be an utter absurdity, and if Mr Woon did they would bring an action against him,