AKAROA COUNTY COUNCIL.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 61, 26 May 1882, Page 2

AKAROA COUNTY COUNCIL.

A special meeting of this Council was held on Tuesday. Present—Messrs I\ S. Baker (chairman), J. Gebbie, G. Fleming, R. R. Biadley, W. Barnett, J. Bo.eyn, W. Maselield, and J. Pettigrew.

It was agreed— '* That the yearly balance sheet, as read, be signed and adopted by the Council." Ordinary Meeting. The ordinary meeting then took place, the same members being present, with the addition of Mr Joblin. MINUTES. The minutes of the previous meeting were read and confirmed. chairman's statement. The Chairman read the following statement :— " Gentleman, —The ordinary business to come before you is (1) the proposed stoppage of two roads at Duvauchelle's Bay ; (2) circular from Government re increase of powers to be given to Councils and Road Boards ; (3) letter from Mr A. C. Knight, enc osing petition re abolition of Akaroa and Wainui Road Board ; (4y circular from Ashburton County Council re\ collecting grain statistics ; (5) letter from ' the Little River Road Board ; (6) Mr Bar nett's notice of motion ; (7) Lake Ellesmere repoit; (8) petition from residents in Little Akaloa re public pound. We will take the business in the order here arranged." CLOSING ROADS. The following communication from the Akaroa and Wainui Road Board was read: " Duvauchelle's, Ist May, 1882. " Sir,—l. have the honor, by direction of the Board, to inform you that, at a public meeting of the ratepayers of this district, which was held at the Board's office, Duvauchelle's, on Saturday, the 29th ult., re closing certain roads situated in Pawson's Valley, Duvauchelle's Bay (in terms of s ction 4, sub sections D, E, and F of 'The Public Woiks Act, 1880'), it was unanimously decided that the said roads, as fully delineated and described on the plans herewith, and numbered 1, 2, 3, and 4, be stopped. I have therefore to beg that you will take the steps necessary, in terms of the above-recited Act, section 4, sub-section G, for the confirmation of their decision.—Yours, etc.,

•* John Barwick, Clerk."

Members having examine.l plans, and f'scertaiued that the Act had been complied witii, and that there were no objectors, the Rev. R. R. Bradley moved—'• That the following roads, situated in Pawson's Valley, Akaroa and Wainui Ro-ul District, County of Akaroa, plans and descriptions of which have been received from the Akaroa and Wainui Road Board, be slopped, in accordance with 'The Public Works Act, 1880,' sub-section G. Descrip-

tion of roads to be closed—l. All that piece of road, containing by admeasurement 5 acres 1 rood and 17 perches, more or less, bounded on tbe west by sections 571, 5176,11.324, 7665,14,107, 8997, and 12,335, and on the east by sections 12,474, 11,283, 1597, and 187, Pawson's Valley, Duvauchelle's Bay. 2. All that piece of road,containing by admeasurement 2 acres 0 roods and 21 perches, more or less, and bounded by sections 11,490. 12,790, and 11,281, Pawson's Vulley, Duvauchelle's Bay." Seconded by Mr Pettigrew and carried. INTERVIEW. Mr Stewart, of Little River, waited on the Council. He explained that his reason in coming to them was, that he had a section of some 200 acres at Little River, to which he had no meaus cf access. When he took the land, a road had been of course provided and cleared, 33ft wide, but tbe grade was rather bad in places, and the Little River Road Board closed it, and gave him another with a better grade. Unfortunately, however, a part of the road ran through private property, and so it could not be used. Tbe other road having been closed, there was no possible way to get to his property except by going 25 miles round, unless the road was purchased where it went through Mr Latter's section, now owned by Mr Brooks. He had some heavy timber on the land, which he was anxious to get to the i ail way, and he was stopped from doing this, and also from settiing on the section, by the want of a road. He had applied to the Little River Road Board time after time, but with no effect, their reply being that they had no funds ; and yet lie knew of other roads being made, one particularly, of considerable length, to Air WiLon's place. The original road surveyed was the one taken by the Little River Road Board. The proposed road was a better one, and Mr Brooks, who owned the private land through which it had to pass, was most liberal, and hud kindly promised to sell the ground at cost price. If the ground were purchased for him, he would make the road at his own expense, He had written to tbe Chief Surveyor on the matter, but could get no answer. He came to the Council as the head of the local bodies, asking for justice, aud he hoped that they would see that be bad, what every man bad a right to, a road to his section.

The Chairman said that he did not think it was a Council matter. He believed that Mr Stewart had the power to compel the Road Board to give him an outlet.

Mr Gebbie agreed. There was no doubt that Mr Stewart was entitled to a road and if the Road Board had closed the old road tbey must give him a new one even though it ran through private property. It was very hard on Mr Stewart but it was purely a Road Board matter. He would propose that the Council so far interfere in the matter as to make enquiries. He would move '• That the Little River Road Board be written to asking them for the facts of the case." It was right they should know both sides of tbe question.

Mr Masefield seconded

The Chairman thought it would place the Council in a false position to write to the Road Board on the matter, for he believed they were powerless to do anything. Mr Masefield thought the Council could purchase the land required aud stop the money from the next grant to the Little River Road Board

Mr Stewart said Messrs Joblin, Blick and all the other land owners were willing to sign a petition on his behalf.

The Chairman said that Mr Masefield had made him look on the matter in a different light.

It was resolved : •■ That the Little River Road Board be written to, asking what steps had been taken in regard to the stoppage of the road leading to Mr Stewart's property, viz., 200 in tbe Little River Road Board district." the government circular. A Government circular was read re proposed measures to improve position of local governing bodies, with full explanation of the principles of the proposed " Roads Construction" and Crown and Native Lands Rating Bill of last session, which Government intend introducing this session in a modified form, also enclosing following questions for the Council to answer:—

1. Should County Chairman be elected as Mayors are ?

2. Should Counties be enabled to split up or amalgamate, or otherwise alter their boundaries, without the consent of Parliament, as is now required ?

3. Should the road districts in each county forui the ridings of tbe county ?

4. Would you suggest any alteration in ihe mode of electing the Councillors?

5. Can you suggest any new duties which should be imposed, or new powers which should be conferred, on Counties, more especially as to power of making bylaws ?

6. Should the Counties be enabled to create new road districts or alter existing ones of their own motion, or only on the petition of a majority of the ratepayers ?

7. Should the Counties or the Road Boards have the power of altering the divisions and the numbers of the members of Road Boards ?

8. What rating powers should Counties have ?

9. What rating powers should Road Boards have 'i

10. If the operation of the Counties Act is suspended in any County, should Road Boards be enabled to exercise any of the powers of the County, and, if so, which ? 11. Should Road Board Members hold office for a fixed time, and, if so, what, or should a proportion retire every year ? 12. Should Road Board Chairmen be elected as Mayors are ?

13. Is it desirable to allow of Road Board elections being held in open public meeting, like those of School Committees, in districts where the lioad fioard by special order, adopls this plan ? 14. What alterations do you suggest in the Rating Bill as sketched in the circular enclosed herewith ?

15. Please state whether the provisions of the Roads Construction and Crown and Native Lands Rating Bills would suit your district, and, if not, what alterations would you suggept to make these measures more useful ?

16. Have you any suggestions to make generally dealt with in the circular in which this is enclosed ?

It was resolved that the consideration of the same should he deferred to next meeting, members being of opinion that the questions requiied consideration before answering.

ABOLITION OK THE AKAROA AND WAINUI

ROAD HOARD. The following letter from Mr A. C, Knight was read :—

"Tekau Bay, May 9,1882. "Chairman County Council. " Sir —I have the honor to enclose a petition signed by not loss than one third of tbe ratepayers in the Akaroa and Wainui Road Board district, representing not less than one half of the rateable property in said district, praying that the district may be merged into tho County. Yours, etc., —

" A. C. Knight."

The petition arcompining tbe letter was identical with that al r eady published in these columns.

The Chairman said he would read the clause in the Act hearing on the subject. " 37. The Council may, if it thinks fit by special order declare, the Road Board o£ any district to be dissolved, and such road district to be merged in the county ; subject, however, to the following conditions :—(1.) That a petition is presented to the Council signed by not less than onethird of the ratepayers of such road district whose property in respect of which tbey are rated is situated within the county possessing in the aggregate not less than half the rateable property therein, praying the Council to abolish such district; (2.) That such petition is published in the district not less than one month before presentation ; (3.) That no counter petition is presented to tiie Council within two months thereafter signed by an equal or greater number of ratepayers possessing in the aggregate not less than one-third of the rateable property in tbe district, praying tbe Council not to accede to the prayer of the first petition. And on and after a day named in such special order the said Road Board shall be dissolved, and the said district merged in the county." Mr Joblin asked whether it would not be wise to discuss the advisinbleness of granting the petition now. He thought the public should hear their opinion on the matter as it was a subject that required thoroughly ventilating.

The Chairman said that the Council would see by the Act that if a counter petition wore presented wi;hin the two months, the first petition might be nullified and so never come under discussion at all.

Mr Masefi-ld agreed that at the end of the two months was the proper time for any discussion on the matter.

Mr Joblin said that what he wanted was to be assured there would be a discussion on the matter. He wished to understand whether the petition would become law at the end of two months without any consideration, or whether the Council at the end of two months would consider whether it was to he granted or not.

The Chairman said he understood that the matter at the end of two months was in the hands of the Council to accept or reject, if there were no counter petition. On the motion of Mr J. Gebbie the petition was received. GR.HN RETURNS. A circnlar from the Ashburton County Council was read enclosing the following resolution :— " For the more reliable information of all those interested in the grain statistics of the Colony, it be a recommendation to the Government to take such steps as will make it compulsory on the owners of thrashing machines to send to the Government a correct return of all grain thrashed by their respective machines during the season, such returns to be sent in as soon as they finish thrashing." Mr Gebbie moved "That the c'rcular received from the Ashburton County Council, re collecting grain statistics, be acknowledged and the Government be written to on the subject stating the Council's approval.

Seconded oy Mr Bradley and carried. CORRESPONDENCE.

Letters were read — From Little River Road Board as follows :—

" Little River Read Board, May 4,1882, " Chairman County Council.

" Sir, —I have the honor, by direction of tbe Little River Road Board, to acknowledge the receipt of your letter of tbe 15th ulto. requesting to be informed what lands are likely to be benefited by the proposed drainage of the Ahuriri lagoons, etc., and in reply to inform you that should the work be satisfactorily acomplished immense benefit would accrue therefrom to every owner of land from said lagoons to Tai Tapu, along the foot of the hills to the river bank, and from thence to Greenpark, in the Selwyn County, as well as greatly enhancing the value cf a large area of Government land now in tbe occupation of Mr J. G. Murray. The sections in this County which would be most materially benefited are—lll6s, 11166, 11167, 25565, 8308, 1754, 1755, 31239, 3319, 9643, 1069, 4639, 8307, 1432, 1143, 1142, 1439, 1753, 8307, and I understand an equal if not greater area of land in the County of Selwyn. Yours, etc.,

"T. Quealy, ••Clerk to Board."

The Chairman said the Clerk had forwarded a copy to the Selwyn County Council and they had better adjourn the discussion till an answer had been received.

Mr Gebbie said he had some information on the subject and a map of the lands benefited at home which he had>h.s.t-. brought and agreed the discussion" 4 had*"

better be adjourned

From the same as follows :— " Little River Road Board, " May 3, 1882,

"Sir. —I have the honor, by direction of the Little River Road Board, to request that as the Council have been utilising the valuation roll of this district, you may see your way to pty half the cost (£10) of compiling it; also, that you will be pleased to intimate tbe cause that the funds derivable from dog licenses in this district have not been refunded to this Board as has been the practice with other counties.—Yours, etc.,

"T. Quealy, " Clerk to the Board." Members appeared amazed at the tone of the letter.

The Chairman read the second clause of the Counties Amendment Act, 1877. *' The Chairman of every Road Board shall be compelled to give all information required of him by or on behalf of any County Council on any matter, requisite to enable such Council to carry into effect any of the provisions of the said Act, and to produce all books, papers, and documents belonging to the Board that relate to any such matter, to any person authorized by the County Council to apply for the same ; and in case of refusing or neglecting to give any such information when called upon to do so, such Chairman shall be personally liable to a penalty not exceeding five pounds for every such refusal or neglect, to be recovered in a summary manner before any two Justices of the

Peace by any person who may choose to sue for the same. The word •' Chairman " in this section shall include the Acting Chairman for the time being, and also the person having control over the books, papers, and documents belonging to the Road Board."

Mr Masefield then moved: "That in reply to the letter from the Little River Road Board, that they be informed that under section 2 of the Counties Act Amendment Act 1877, they are bound to supply any information the Council may require; and also, that the Council has indirectly paid the dog tax collected in their district by the allocation of the county funds from time to time." Seconded by Mr Boleyn and carried. THE SUMMIT ROAD,

Mr W. Barnett then moved : " That the following resolution passed at a meeting of the Council, held on Nov. 26, 1879 :— •That at any time any money is allocated to the Okain's Bay Road Board, that the cost of regrading the Summit road as described in the last resolution he charged against that Board ' be rescinded." He had been too ill to attend at the last meeting of the Council, and therefore the motion had lapsed, but he had notified the clerk to give due notice to the members of his bringing it forward at this meeting. He did not think it necessary to recapitulate, as no doubt they had seen the report of what he said in the Akaroa Mail. Since meeting them, however, he had received copies of correspondence between the Road Board and Council on the subject, that showed that the Road Board bad never assented (o the Council's action. Mr Joblin had said it was a weak point in the case that it was brought before the new Council instead of the old one that understood it, but he reminded that gentleman of the right of appeal from a lower to a higher court, and thought it a compliment to the new members (laughter). While saying this he must explain that he did not believe the former Council intended to do any unjustice, but had simply committed an error of judgment. At a former meeting the Clerk had said that the surveyor had pointed out that if the road were not made a heavy compensation would be required. Since that time he had seen Mr Piper, who said after the road had been surveyed it was of little good. In fact the money had been wrongly spent, the road not being in the proper place to benefit the Road Board. (Mr Barnett then read a voluminous correspondence on the subject. The most important were letters from Mr Moore, Chairman of the Okain's Bay Road Board, to the Council, in which he expressed his indignation and that of the Road Board, at the £50 having been retained by the Council at the allocation of certain monies by the Board. These letters were dated June, 1880.) Mr Barnett said he felt it was his duty to bring the matter before the Council, and that he hoped the money would be refunded to the Okain's Road Board.

Mr Boleyn seconded the resolution. Mr Masefied said that the case appeared to him to stand as follows:—The Chief Surveyor had in the first instance pointed out that a part of the Summit road of great importance to the ratepayers in the Okain's Koad Board district required regrading. aud that to save the expense of com pensation it should he done at once. It waa agreed on all hands the work should be done, but the Road Board had no money and the Council therefore took it in hand to save them any additional expense on the understanding that at any future allocation of monies the sum so lent to the Board should be returned to the Council, a resolution tothat effect being passed by a majority in the Council. Mr Wilkin accordingly received instructions regarding the grading of the road and laid out a capital line to *iO round Duvauchelle's peak. Mr Barker, however, Chairman of the Okain's Bay Road Board, came arid saw Mr Wilkin Intimating that the road was not a suitable one for the wants of the residents in Little Akaloa and Okain's and another very inferior line was then surveyed lead-1 ing towards the waterfall track. The road first designed would have been of great service but was spoiled in consequence of tho application of tbe Chairman of th > Okain's Road Board. He did not think that the Board had any right to a refund of tbe money as the work bad been done to oblige them and he would point out that the letters from which Mr Barnett had read protesting against it had been sent a year after tbe work was done. He begged to move "That Mr Barker's resolution be adopted with the addition of the adverb 1 not' to be placed immediately before the word rescinded. Seconded by Mr Pettigrew. Mr Barnett said that when Mr Barker had endeavoured to get tbe road done, he had been under the impression it would be paid for by the Council. The Summit road was clearly a county road. Mr Joblin said no one road was a county road more than another. Mr Gebbie said that he should oppose Mr Barnett's resolution. The matter had

been thoroughly discussed on previous occasions. Mr Barrett said it was the only instance ■f of the CbMicil'B taking a Road Board's money for works in the district. The amendment was then put and carried, only Messrß Barnett and Boleyn voting against it. LAKE ELLESMERE. The Chairman said that Mr Hall having resigned, the deputation appointed by the Council had of course been unable to interview him re Lake Ellesmere drainage. He had seen Mr Rolleston afterwards., who told him that Mr Johnston, the new Minis, 1 ter for Puhlic Works, would not he-* in Cbriatchurch before the session, but that he would be glad to receive them, and do his best to lay the matter before the Public Works Department. He had no time to communicate with all the members of the deputation, but had seen Mr Joblin, and they had seen Mr Rolleston. What happened at that interview he left it to Mr Joblin to explain. Mr Joblin said they had laid the matter before Mr Rolleston. That gentleman had no time to read the evidence, but they had explained what the Council had done. Mr Rolleston seemed surprised to hear that the lake was much raised by the salt water coming into it, but he had explained the evidence would show what residents thought. Mr Rolleston promised the ut • most attention should be paid to the work, and said there was, in his opinion, oo necessity for the deputation proceeding tn Wellington, as ho would lay the matter before tbe Public Works Department, and all he required were the plans and evidence arranged in such a manner as would take t.kn least nossible time to master their con-

tents. Now he (Mr Joblin) disagreed with Mr Rolleston, for he thought it quite necessary a deputation should go to Wellington and urge the matter on the Government The Chief Surveyor, Mr Blair, was sure to be there during the session, and the matter could be looked into. There were many points that could on'y be explained personally. He believed that their representations hud a 1 ready had a great effect, as he knew the line was being watched to see if experienca confirmed what had been stated. He should like to make n great effort to get the work accom plished, in order that one of the most important works in the county might be protected.

The Chairman thought that sending a deputation was unnecessary, as Mr Rolleston had promised to see to the matter, and they all knew Mr Rolleston way a man they could depend upon. Mr Masefield thought that if the plans and evidence were sent it ought to suffice. Mr Joblin said he should not rest til! he had seen the Minister for Public Works and the Chief Engineer together, and personally explained. Mr Rolleston would doubtless do what he promised, but there were many questions that only one acquainted with the subject could answer. Mr Masefield said that he understood Lake Ellesmere was rising rapidly. This could not be from rain, as the little lake, which was always the most affected by floods had never risen at all. Was not the rise to be attributed to the heavy sea on the coast, which doubtless had thrown vast quantities of Rait water into Lake Elles- I mere.

Mr Joblin said there was no doubt at all on the matter, the little lake had not risen but the other was on both sides of the line and the water must have come f'om the sea. When he first heard the evidence of some people who stated that the sea had come into the lake in vast quantities without any wind he had almost doubted it, but he saw from the reports from Timaru that there had been no wind dr.ring that terrible sea and he was convinced. He was so much in earnest on the matter that he was resolved to explain this and other matters to the Government and he would therefore go to Wellington at his own expense and do it, as the Council were not in an excellent pecuniary position. (Hear hear.)

Mr Bradley said that he was not a rich man but be did not like to see bis learned colleague trust himself alone on the wide Pacific Ocean. He would therefore be glad to accompany him on his journey to Wellington, paying his own expenses as Mr Joblin proposed to pay his. (Hear hear.)

Mr W. Masefield moved—" That this Council returns thanks to Messrs Joblin and Bradley for their kind offer to go to Wellington gratuitously, and that Messrs Joblin and Bradley be deputed to go to Wellington to lay before the Minister of Public Works the plans, report, and evidence collected respecting the proposed drainage of Lake Ellesmere, nnd that Mr Gebbie be invited to accompany them."

Seconded by Mr Barnett and carried. EXPENSES.

A discus-don took place regarding the expenses of the sub-committee who visited Lake Ellesmere to collect evidence, and Mr Bradley moved—" That the committee appointed to take the evidence of the settlers residing on the margin of Lake Ellesmere and elsewhere, having relation to the preservation of the railway and the reclamation of the said lake, and to report upon the same, be paid their travelling expenses, at the rate of three guineas each ; also, that the Clerk forward Mr Watkins a cheque for £5 s**, as a token of recognition of the services gratuitously rendered by him."

POUND FOB LITTLE AKALOA. The following petition signed by 21 residents was read :—

" Little Akaloa, 22nd April, 1882,

" Gentlemen, —We the undersigned inhabitants of Little Akaloa believe that it would be to the i dvantage of the residents of this Bay and adjoining districts, that a pound should be erected in the immediate vicinity of Little Akaloa Bay. We therefore present this petition for your favorable consideration, supported on the following grounds:—lat. That prima facia there is not a district except this one on Banks Peninsula which has not got a Dound erected. 2hd. That a number of the inhabitants of this district are frequently annoyed by cattle and horses trespassing on their grounds, butthrough the considerable inconvenience and trouble entailed in driving to the nearest pound, they are now compelled to submit to the annoyance and loss complained of. We therefore crave that you will favorably consider this petition, thr-t it has been supported by a numerously signed requisition to the Okain's Road Board, requesting their assistance and support; and further, supported by a large majority of the inhabitants of the district, and your petitioners will ever pray."

A discussion ensued, the Chairman reading the clauses in the act pertinent to the matter.

Mr Masefield then moved : " That the petition received irom the residents in Little Akaloa, asking that a public pound may be erected in Little akaloa. be referred to the Okain's Bay Road Board, and that the Board be empowered to erect a pound if they think necessary." Seconded by Mr Fleming and carried. ACCOUNTS. Accounts amounting to £36 16s 3d were passed for payment. ADJOURNMENT. ■ The Council then adjourned to Saturday, July 29th.