Gazette Law Reports

Gazette Law Reports

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...shall, except in cases of emergency, be made exccpt after public tender of which public notice shall be given; but the Board shall not be cornpclled to accept the lowest or any tender." In support of his argument that this section was directory only Mr. Burnard relied on the judgments in the House of Lords in Young 'u. Mayor of Royal Lmmington Spa (8 A.C. 517) and on_ the judgments in this Court in the case of Reynolds v. Nelxozzi Hm-hour Board (6 G.L.R. 344: 23 N.Z.L.R. 965). In the first-mentioned case the question was as to the construction of s. 1'74 of the Public Health Act, 1875. Subsection 1 of that section enacts that "every contract made by an urban authority whereof the value or alnount exceeds 50 shall he in writing and sealed with the common seal of such authority." It was held by the Court of Appeal and by the Housn of Lords that this subsection was mandatory and not directory, and that a contract which had not been scaled with the common seal of the urban authority was not binding on it. Subsection 3 of s. 1'74 provides that before contracting for the execution of any works the urban authority shall obtain from their surveyor an estimate and also a report as therein specified. Subsection 4 provides that before any contract of the value. or amount of one hundred ounds or uiwards is P, entered into by an urban authority ten days' public notice at the least shall be given, expressing the nature and purpose thereof, and inviting tenders for the execution of the sanr'. and such authority is to require and take suiticicnt security for the due performance of the same. In the L(: am.in_r/Ion N110. raw' Lord l la'liburn treated these two subsections as directory only (p. 524), and...
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Product details

  • Paperback | 410 pages
  • 189 x 246 x 21mm | 730g
  • United States
  • English
  • black & white illustrations
  • 123679625X
  • 9781236796257