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●bem ad blow wome tartó 101
utalo a twið (0031 redejaü ni)
• Detelgmoo read had Xnow eit starw
The work was completed in July, 1906, at a cost
of $39,328.50 and the Company were then requested to pay that
amount; they gave no definite reply until 3rd June, 1909, when they wrote that they were not prepared to settle the claim.
They were then informed that legal proseedings
would be taken but before an action was commenced Mr. Slade who
has been retained on behalf of the Government drew attention to
the defect in section 21 on the 8th July, 1909, and considered it
fatal to the projected action which is prinsipally based on
injury through inductiem.
•
It is quite clear from the serrespondence quoted
that the intention of Mr. Chamberlain was to afford to the Government Telephomes the same amount of protection that was
afforded by sestien 21 té the Cable Companies and this intention
was communicated explicitly to the Tramway Company by the
Secretary of State in his letter of 14th March 1902.
The failure to insert the words "telephonie er
electric" im line 14 was purely accidental, and if they are now
inserted the Tram Company will have no ground for objection.
The Ordinance provides in Section 23 and 24 for
the settlement of any disputes as to (inter alia) the amount
of any compensation to be made by a Special Case.
3.
In the sorrespondence relating to the Bill Mr.
Deason wrote that "Special Case" was clearly defined by the
Code of Civil Prosedure.
A Spesial Cass under the Oode however is only
useful for the settlement of a question of law or sonstruction
when the facts are agreed upon and is impracticable when, as im
the present case, the facts are in issue.
4. It is proposed therefore that the Tramway Ord.
1902, should be amended as follows:-
Seetien 21: by inserting the words "Telephonic or
electris" after the word "Telegraphis* in line 14.
HIT
Sectiems