View report page

51
The cases under the Electric Lighting Order included one
in which proceedings were taken against Mr. Mulholland in
the Brompton County Court, for the recovery of the sum of
£53 175. 3d., for electric current supplied to the King's
Theatre, between the 18th May and 31st July, 1903.
Mr. Mulholland contested this claim on the ground that
the rebates which had been allowed off the account in consequence
of the inaccuracy of the meter upon which the
charges for continuous current were made, had not been
correctly calculated; and also made a counter claim of
£153 in respect of loss sustained by him owing to the
Council's alleged negligence in failing to supply continuous
electric current to the theatre by a given date.
The case was heard by his Honour Judge Selfe on the
13th October, 1905, when he decided that the Council's
claim must be reduced by £16 3s. 8d., leaving a balance of
£36 13s. 7d. due.
Upon the counter-claim the Council raised several points
of law, in addition to the contention that it never did agree
to supply the continuous current by a specified date. After
these points had been argued by counsel, his Honour stated .
that unless a settlement could be arrived at, the counter-claim
would have to be dealt with by the High Court, and intimated
that in view of the great expense which would be entailed
he thought the case should be settled. His Honour was
informed that before the action was begun the Council had
offered Mr. Mulholland £39, the amount of the penalties it
had enforced against the contractors for delay in supplying
the motor generator, which delay was the cause of the
trouble, but he had refused this; Mr. Mulholland's
counsel thereupon offered to accept this amount in satisfaction
of the counter-claim. A settlement was ultimately
agreed to whereby the claim and counter-claim were to be
set off, one against the other, each side paying their own
costs.
MISCELLANEOUS.
The following matters of a miscellaneous nature
have been under consideration during the year:—
Vote of Thanks to the Ex-Mayor and Mayoress.
On the 1st of November, 1905, a resolution was
unanimously passed, thanking Councillor Joseph Morris