DEFECTIVE ORDERS.

Waikato Times, Volume 100, Issue 16749, 16 March 1926, Page 9

DEFECTIVE ORDERS.

SERVED ON PROPERTY OWNERS. UNOPPOSED APPEALS SUCCEED. Appeals against orders served upon them by Hie Hamilton Borough Council for llie cleaning out of a certain drain running through Iheir respective properties at Franklon Junction were made by Percy Harold 'Watts and Allen Bros, to Mr Wyvcrn Wilson, SAT., at the Magistrate’s Court. Hamilton, yesterday. Mr Adams represented Allen Bros., Mr Watts appearing in person. The borough solicitor. Mr F. A. Swarbrick, mentioned that the order served by the Borough Council was so defective that tie had no intention of opposing the appeals. Next time, however, the orders would be framed in proper legal form, “when, I assure Your Worship," added counsel, “there will he no loophole for escape.’’ (Laughter.)

Mr Walls pointed out that he did not want to take advantage of ’any technical defects in the order. He suggested that Mr Swarbrick should amend the order, thus allowing the matLcr to be decided forthwith on its merits.

This suggestion, however, was not adopted. When His Worship pointed out that he had no power to order the payment of costs, Mr Watts remarked that if such was the case a civil body could go on issuing orders as it pleased until finally it accomplished something. Both orders wore then abandoned and thc appeals allowed. No order was made as to costs.