JUDGMENT IN RE TIMMS SPURDLE.

Manawatu Times, Volume X, Issue 1366, 8 December 1884, Page 2

JUDGMENT IN RE TIMMS SPURDLE.

The following is the full text of tbe judgment delivered iv this cue, His Worship said: — "lathis oag« at the close of the argument before luncheou, I decided that I had jurisdiction to determine it. I still think so, and now getting at once at ttl matter to foe determined, I need hardly reiterate what was deter* mined upon this morning, viz., that; the work was done at the Hospital, and that the defendant acted a* Councillor of the Borough of Waiw ganui ou two occasions during tho lime the work was being performed* I think that when the. management of the Wanganui Hospital "was by the Act of 1878, vested with the Cor« poration of Wanganui, the Corpora* tion became clethed with new and enlaiged functions, and I find thai the actions of the Council whem used for Municipal purposes, and^ when used for hospital ; purpose! are not to be considered, or were not to be considered the acts of se« parate bodies. I regret to say that I hold that the defendant so far as the first item of the claim ii conii cerned, did work for the Council' at I within the meaning of section 61 of the Municipal Corporation Act, and that he thereby, became incapabitai ted from acting as a Councillor, that having acted as Councillpr during the. time he was so incapaciia* ted he is liable by the Act to twa penalties of £50 each. I therefor* as a matter of duty, give the plaintiff a judgment for 7> 100. X think I may exercise my discretion as to costs.— Mr Fitzherbert : Not so the Act prpvideg foe tiiem.— Hip Worship: I read it to be a permis* siye eection of the Act,— A dificux* sioa then ensued betwixt counsel and the Bench on this point/ Mr Fitzherbert holding that the costs necessarily fallow the judgment— His Worship at length consented to allow costs, but on the point o£ counsel's fee of three guineas he re» fased to allow the item.— Mi Barnicoat rose to ask that the amount of the fine be paid to the ,Town Clerk, when His Worship took occasion to remark that he" would* be ; glad to assist m having the matter sent to a higher Courts With regard to handing over the amount of the fine, that vras not before him, and hrn would uot decide the p,bini.-— M* Barnicoat said he was satipfied, as jhe 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 Fitzherbeit said to do thig would be an utter absurdity, and if Mr s Woom did they, would bring an action against him.r-Herald. „. ■..,... ;^ .- . ;