AKAROA BOROUGH COUNCIL.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 213, 2 August 1878, Page 2

AKAROA BOROUGH COUNCIL.

ADJOURNED MEETING. Monday, July 29. Present—His Worship the Mayor, Cre Meech, Annand, O'Reillj', Bridge, Billens, Waeckerie, Callen, and Sunckell. The report of the Committee, consisting of his Worship the Mayor, Crs Bridge, Meech, and O'Reilly, appointed to enquire into sundry claims against the Council, put in by the late Town Clerk, was then read, to this effect:—Resolved: That the Council be recommended to pay the accounts to the amount of £25 Os 6d, Cr Bridge dissenting from the recommendation. On the motion of Cr Cullen, seconded by Cr Sunckell, the report was adopted. CORRESPONDENCE. Telegram from the Colonial Secretary , referring to letter published below.

From the same, as follows:— " Colonial Secretary's Office, "Wellington, 25th July, 1878. " Sir, —I have the honor to acknowledge the receipt of your Worship's letter of the 19th instant, in which you apologise for blame having been attributed to this Departmenc for neglect which was caused by the carelessness of Mr McGregor, the lata Town Clerk, enclosing the resignation of that person, which contains an admission that he is alone to blame in the matter, and also enclosing what purport to be copies of three letters addressed by the Town Clerk to this Department. " I am directed by the Colonial Secretary to thank your Worship for the frank apology you have made, which he accepts on behalf of the Department in the spirit in which it is offered.

" Witli reference to the documents purporting to be copies of letters from Mr McGregor to this office, I have the honor to inform your Worship that that of the 23rd February, enclosing a plan and description of land which it was proposed to add to the Borough, and that of 25th June, forwarding copy of by-laws, are purely fictitious ; the third, dated the 29th June, being the only true copy of the three. To this I replied on the 4th July instant. " There is a letter of the 23rd February, of which I enclose a copy. Your Worship will see that this refers to the foreshore, which on enquiry turned out to be already a part of the Borough, and that it encloses neither plan nor description of boundaries. This letter was answered by me on the 19th March. I also enclose for your Worship's information the copy of a letter from the late Town Clerk, dated the 11th March, in which he encloses a description, but no plan, of land proposed to be added to the Borough under section 25. 1 also enclose a copy of one from the same officer to Mr Williams, of the Survey Office, Christchurch, in which he encloses to that gentleman the plan of the land.

" Finally, I enclose for your Worship's information the copy of a letter dated the 28th June, in which for the first time Mr McGregor transmits a copy of the by-laws of the Borough of Akaroa. I acknowledged the receipt of the 4th instant, and the by-laws are now before the Crown Law Officers. " I have the honor to be, Sir, " Your most obedient servant, G. S. Cooper. " His Worship thefMayor, " Akaroa." APPOINTMENT OF TOWN CLERK. Applications were received from Messrs J. F. Roberts, R. M. Barry, W. Sims, and W. Sigley. Two other applications which had been received after the advertised hour were, after some discussion, declined, unopened, as informal.

Cγ Annand said he wished to say a fewwords before the appointment was proceeded with. He was of opinion that any such appointment, according to the advertisement, made at this meeting, would be illegal. The subject of the appointment, and the ordering of tho advertisement was taken in hand at a special meeting, which had been called for a different purpose altogether. The business of appointing a Town Clerk waa outside the special meeting, and he contended that it had no right to have been undertaken at it. He brought the question forward .because the Council might suffer from any illegality in the appointment of their clerk should they have occasion to go to court on any matter, besides in other ways. Cr Cullen would like to see the clause of the Act bearing put Cr Annand's objection.

Cr Billen's thought the business of the appointment was quite within the province of the special meeting alluded to. That meeting had been called to consider the bj'-law question, and receive the report of the Committee of investigation, including the late Town Clerk's resignation. He thought that when considering the latter, it was competent for them to take steps to fill the office so resigned. Cr O'Reilly said the question was brought forward merely to cause more confusion. It vrea a mere legal quibble. The Act provided plainly that the Council could dismiss or appoint its clerk at a moment's notice. There was not a word in the Act about seven days' notice being required to be given before such appointment

Cγ Waeckerle understood Gγ Annand's meaning, and agreed with him that the appointment was outside the business of the special meeting. The Mayor read the clause of the Act bearing on the question of appointment, and was of opinion that the special meeting could deal with the question. Cγ Bridge said it did not matter personally to htm whether the appointment was proceeded with or not. It was simply a question of legality, which, if tested in court, might cause infinite trouble and expense to the Council. The notice calling the special meeting mentioned nothing about appointing a clerk; it was simply to consider the by-law question and receive the Committee's report with regard to the Town Clerk. For what the Council knew he might have had a different system to propose, but seeing the question of appointment not entered on the notice, he would not have considered it incumbent on him to be present at the special meeting in order to bring it forward. It was far better to be on the safe side and adjourn the appointment for a short time longer. He was not at the special meeting alluded to, having business elsewhere..

Cr Meech saw no difficulty in the matter at all. He maintained they had the right to dismiss and appoint a clerk on the same night.

The Mayor said, as it did not make much difference, he thought they had better be on the right side, and adjourn the appointment. He had endeavored to

obtain legal advice, but it was of so vague a nature that it was useless laying it before them. He thought it would be advan.tageous to wait. Cr O'Reilly was commencing to speak a second time, when Cr Bridge interrupted, and asked the Mayor to take notice that Cγ O'Reilly was speaking twice on the motion, not that he objected, but if Cr O'Reilly was allowed to do so, others should have the same privilege. The Mayor suggested that the Council should go into committee on the question, which would enable them to speak as often as they liked.

On the motion of Cr O'Reilly, seconded by Cr Bridge, and carried, the Council then went into committee.

On resuming, the applications before mentioned were opened, and that of Mr J. F. Roberts accepted. '

The Council then adjourned.