THE £110 AWARD.

Waikato Times, Volume XIX, Issue 1635, 28 December 1882, Page 2

THE £110 AWARD.

In the Supreme pourt Auckland, in Banco on,,Priday last, , beforpijtus, Mr Justice Gillies, Mr E. Hesketh moved for a rule nUi, calling on 1 the Mayor and coitncillprs-or the borough of Hamilton to show cause why an award made 1 by Mr T. Macffarlane of ,£ ( ll0, in favour of the borough under 'the following" circumstances, should not, be, set aside :—,: — , ; Mr Thomas Macffarlane >vas the commissioner appointed by the' Governor of the colony to settle assets and accounts ! between the borough of Hamilton,, in Waikato, and the county of Waikato upon the severance of East Hamilton from the county. "In* the session, of ' the General Assembly, 1877, , the HouoVof Representatives voted a sum of £40,000 to be distributed 1 among, counties,, and boroughs in the North. In 1878, the county of Waikato received 'from 'the Government, as their proportion of this vote, £2200 '4s sd. <■ At the time I themoney was voted the .county was not in a position to say whether it would get any or what proportion of this money. The borough of Hamilton was duly constituted on the 25th December, 1877 (that is to say several months after ,the meney was voted). The money was received by the County Council of Waikato on June 25fch, 187S, six months after the borough was constituted. The County Council of Waikato without making an inquiry expended the money in accorda2ice with purposes Jor which it was voted. Among the moneys voted by the Council was £100 for the Borough of Hamilton on the ground that the people residing at Kirikiriroa used a punt for crossing the river which belonged to the Borough of Hamilton. The County Council, however, deemed that this vote of £100 was grauted in accordance or recognition of any right or claim on the part of the borongh. But the authorities put in a claim to their share of the £2200 voted by Parliament. The County Council resisted tho claim on the ground that the borough wus not constituted until after themoneywas voted. The borough authorities of Hamilton, however, held that as the money was received after the constitution of the Borough of Hamilton it came within sections 31 and 32 of the Municipal Corporations Act of ■ 1876, for the settlement of accounts and assets, in cases where a district which was part of county became a borough. Mr Macflarlane was appointed commissioner uuder the Act, and awarded to the Borough of Hamilton, £110. It was this award that the proceedings Avere taken to set aside, on the ground that there was no such corporation as the Borough of Hamilton, when the money was voted ; that the £2200 was no part of the personal property of the County Council at the tune of their severance of Hamilton from the county : that there was no power in ' the Government to appoint Mr Maoffarlane ; that the award is bad on the face of it, not showing jurisdiction to make it. Mr Hesketh said he moved for the rule on the following grounds : — That the £2200 formed no part of the ' personal property of tho County Council at the time of the severance of East Hamilton district from the county : that there was no power in the Governor to make the appointment ©f Mr Macffarlane as Commissioner ; that the award was bad on the face of it, not showing jurisdiction. His Honor thought the learned counsel had made out sufficient case to justify the Court in granting the rule. Rule nisi granted accordingly. [We are indebted for the foregoing repoi t to our Auckland morning contempoiary.]

Mr C. R. Johnson will ran a coach from Hamilton to the Cambridge Races on Monday. He also advertises, cheap trips to Raglan. A cattle sale is advertised for Cambridge by Mr J. S. Buckland, on Tuesday next. Tun parcel system in sewing machines. — linger (hand), £5 Is : Singer's impioved with cover and .ill extras, £5 ss; Wcrtheim, £i 10s; Home Shuttle, £'i\ Knitting Machine, £1. Howe. White, Davis, &.c, always in stock at D. S, Chambcts, 70, Queen-street, Auckland, Wholebale iind Retail Sewing M.ichinc Depot.