Monday, 10th July. (Before His Honour Mr Justice Williams, and a Common Jury. ) RITCHIE V. PROUDFOOT, < On the application of Mr Haggitt, this case was ordered to stand at the bottom of the list. DAVID KIRBY V, JAMES MACANDBEW. This was an action brought by David Kirby, contractor, against the Superintendent of Otago, for the purpose of recovering the sum of L 461 8a 3d, for work and labour clone. Mr Macassey, with him Mr A. Bathgate, appeared for the plaintiff, and Mr Haggitt for the defend ant. The first count of the declaration set forth that the defendant, as Superintendent of the ' Province of Otago, was indebted to the plaintiff in the sum of L4GI 8s 3d, for work and labour done, and material provided at defendant's re quest, in respect to certain works known as contracts 948, 9ft7, 958, 959, and 9GO, and for extra work and extra material supplied by plaintiff in respect to the said contracts at the defendant's request. The declaration then proceeded to allege the fact of the contracts having been entered into, and of their perform ance by the plaintiff. The third count set forth that the performance on the part of the piaint'ff and defendant of the conditions prece- 1 dent mentioned in clauses 5 and 26 of the gene- ! ral conditions of the said several contracts were duly waived between the parties. Clauses 5 I and 26, which related to extra works, were then stated. The declaration concluded with the usual allegation that all the conditions prece dent required by the said several contracts were duly performed, and all things had happened, and ail time had elapsed necessary to entitle the plaintiff to maintain his action. The defendant, in his plea, denied fill the material allegations contained in the first count of the declaration, and pleaded further that the work and labour alleged to have been done, and the materials alleged to have been provided, by the plaintiff were done and provided without the authority, sanction, and permission of the Provincial Council of Otago, at anytime ob tained or expressed in any Act or Ordinance of the said Council, or by any vote or resolution thereof. The plea admitted the fact of the contracts having been entered into, but denied all the other material allegations in the second count of the declaration contained. 