Ordinary Meeting

Clutha Leader, Volume IV, Issue 195, 5 April 1878, Page 6

Ordinary Meeting

The business of the ordinary meeting was taken up at two o'clock, tlie same members being present. MINUTES. The minutes of the previous meeting were read. Mr Roberts, before their confirmation, acknowledged the receipt of the Council's resolution asking him to resign, which he declined doing. He objected to the minutes containing the resolution being confirmed, as no reason had been shown for such a resolution being pascccl. As he bad previously intimated, he held that all meetings since the election of Chairman had been illegal, they not having been called in the manner prescribed by the Act, • The Chairman said he could not allow argument at that stage. The question was the confirmation of the minute.". The minutes were confirmed. SOUTH MOLYNEUX ELEOTION. Captain Mackenzie said he noticed an advertisement calling an election for South Molyneux Riding, in room of Bir Brugh, deceased. His own opinion was that Mr Brugh w-as never legally a member of the Council, and that no election could now take place until the County roll was made out. He hacl formerly urged the Council to prepare a roll, «.nd he then pointed out that in the event of a vacancy occurring, no election could take place unless a roll were provided. The Chairman said he held very much the same opinion. Captain Mackenzie said he might stato that Mr Roberts had informed him that his reason for not resigning his seat for Brugh was that if he did so tho Riding would then be left unrepresented, ns no legal election could take place without a roll. Mr Roberts said such was his reason for not resigning. Captain Mackenzie said that all parties illegally taking part in any election were liable to a fine of £20. After some further remarks by Councillors, tho subject drojiped. the government subsidy, etc. Tho following letter from the Treasury was read : — " Treasury, Wellington, Feb. 23. " No. 3113. " Sir, — I have the honour by direction of the Hon. the Colonial Treasurer, to acknowledge the receipt of your letter of the 12th inst., in which, with reference to my letter of the 16th January, you point out that on the 31st March the Council of the County of Clutha camo to a resolution apportioning the County Fund amongst the Road Boards and outlying districts, that a copy of that resolution wns forwarded to the Colonial Secretary on the 2nd April, ancl that it is consequently unnececssary to appoint a Commissioner, as intimated in my letter. " In reply, I am to inform you that the resolution to whicli you refer was accepted as that referred to in sub-section 2 of section 31 of the Financial Arrangements Act, ancl not as that required by subsection 1, and it was accordingly adopted as the basis for the distribution of the County Fund for the past year. There is nothing in the resolution to indicate that it was intended to apply to the funds of the ensuing, as well as to those of the current year, but as it is inferred from your letter under reply, that it was so intended, the County Fund for the present year will be distributed in accordance. " The Government regrets that the County Council, under the impression that on the Act being brought into operation it would at once assume control of the County Fund, has incurred obligations which, if that Fund be distributed, it will be at present unable to discharge ; but the Government is advised, as is stated in my letter of the 16th January, that it has no alternative, but to act on the interpretation of the law therein communicated to you to distribute the fund amongst the Road Boards and outlying districts. " With a view to this being done, Ihave to call your attention to my letter of the 16th instant, No. 3084, requesting that tho moiety of subsidy which was recently paid in error to the County Fund may be refunded, and to inform you that as soon as this amount is received the County Fund accrued will be distributed forthwith. — I have, &c. , "O. T. Batkin, " Secretary to Treasury. v To the Chairman, " Clutha County Council. The Chairman said there was nothing in his letter which bore the construction that had been. put upon it. Capt. Mackenzie said he had no doubt if the Government paid the money to the Road Boards they would agree to hand it over to the Council. He thought the Chairman should accept the Commissionership, and that he or some of the Councillors should confer with the Boards and ask a refund of the amounts to be paid to them. Mr Scott thought the Boards would see the propriety of agreeing to that course. Mr Scobie had no doubt they would do so. Mr Dallas moved— " That an explanatory letter be sent to the Road Boards, asking them if they would refund to the County Council the sums paid over to them; failing that, that the Chairman accept the Commissionership." Seconded by Captain Mackenzie, and carried. THE MATAU BRIDGE. A letter was read froni the Bruce

County Clerk in reply to a request for reprvynent of LSO received from the Colonial Treasurer for • repairs to Matau. Bridge, forwarding a resolution of the Bruce County Council "That when the Clutha County Council are ixi a position to tnke ov2i- the control of the Matau Bridge the Bruce County Council will hand over the balance (if any) of the sum voted by the Clutha County Council for impairs to the Matau bridge." In the course of a brief discussion, mr. rubers expressed an opinion that it was better to let the matter of tho control of the Matau Bridge remain in the meantime in its present position. The Chairman considered the Matau Road Board were m a better position than any Board in the County. He understood they had made ■'application to the Bruce County Council for the balance of the money, or that it should be spent on the approaches to the bridge.— -Letter received. THE KAITANGATA TONT. A letter was read from the Clerk to the Matau Road Board, forwarding a resolution of that Board, asking the County Council to take over the Kaitangata punt, according to clause 85 of the Public Works Act, 1876. The letter was received, and consideration deferred until next meeting. THE EOAD TO CATLINS RIVER. The following telegrams were road : — " March 18, 1873. " Telegram to Hon. J. Macandrew, re LIOOO voted by Assembly last session for Catling liiver road, and arranged by Hon. Mr Larnach to be handed over for expenditure on road by Clutha County Council. Will Government ratify arrangement ? On. strength of arrangement Council have called for tenders. " J. M'Neil, Chairman." (Reply.) " May 19, 1873. • " I presume Mr Larnach's arrangement •was contingent on negotiation of loan, and if go, Government will ratify it. " J. Macandrew."' " March 19, 18*78. " Wo loan was mentioned by Mr Larnach when arrangement made. Money was to have been placed to •credit of County forthwith. Will such be done? Council wish to accept tenders , but cannot do so until certain of money being paid over. " J. M'Neil, Chairman." " March 21, 1878. ***■ Catlins River road money was voted to be paid out of loan. Hon. Mr Larnach must have been unaware of this. In consequence, however, of his promise, Government is in an awkwnrd position in the' matter. As it is, LSOO will be advanced on your stating tender has been accepted, and the balance paid wlvm loan raised, so that there need be little difficulty in your proceeding with 'the v/ork. " J. Macandrew." MAINTENANCE OF HOSPITALS. Circulars were read from the Government respecting the management of Hospitals and Charitable Institutions. There being no such Institutions within the County, the circulars were simply received. DOG TAX. A letter was read from Mr Inspector Thomson, Lawrence, stating that Sergeant Daly, Balclutha, has, since the lst of April, collected in the Clutha County the sum of L9l on account of dog tax, and requesting that the usual commission of 10 per cent, on such collection may be paid, j Resolved — " That 10 per cent, commission be paid to the Collector, the balance to be retained." BYE-LAWS. The following legal opinion as to the publication of the Bye-Laws was read : — " There is in my opinion no necessity to publish a proposed Bye-Law in full between the two special meetings required by section 80 of the Counties Act, 1876. The public notice of the resolution required to be given under provision 3, of section 80, will be sufficient, if the substance of the Bye-Law is mentioned, as, for instance, : That the resolution to pass a Bye-Law regulating the duties, duration of conditions of service, and the salaries or other remuneration of officers and servants of the Council, adopted at a special meeting of the Council* held on the d;iy of , 1878, be con- ' firmed.' In the case of Municipal Corporations, an intended Bye-Law has to be published ; but this is under sub-section (2) of section 348, Municipal Corporations Act, 187 C, which differs materially from section 177 of the Counties Act. " B. 0. HAaaiTT." inspector's report. The following report by the Engineer was read : — " March 28, 1878. "I have the honour to report that, according to instructions, fresh tenders have been advertised for the work on Catlins road. **** The surface-men on this road haye completed the clearing out of the wator tabling, also the formation of the portions to be metalled in the bush. They are at present engaged in widening the formation at some of the sharpest turns. -*• The works on the Main South road at Clinton, owing to the unsettled state of the weather, have not made much progress during the present month. The metalling of the embankment at the bridge was commenced to-day, and should the weather prove favourable in a few days this part, which for the last three weeks has been almost impassable will be finished. " It was intended to have taken all the metal that was required for this work from the quarry in the township reserve, but owing to the ground getting so soft for the carting I thought "it advisable to apply to Mr Logan for liberty to -open up a quarry in his paddock, adjacent to the road, which he granted; at the rate of fourpence (4d) per yard for the stone. " Since last meeting of the Council I have examined the Waipalii Bridge. It \ will require extensive repairs, as I pre- j viously Reported ; tho planking and-the

hand railing require to be renewed; There is also some of tho timber in the framework that supports the beams from the rib:**- completely rotten ; also some of the pieces in the ribs that require to be replaced. It will take about LTO to effect the necessary repairs. " M. Patebson, Engineer." The report was received and adopted, and the Engineer instructed to proceed with the repairs to the Waipahi Bridge ; the work to be carried out by day labour, under his supervision. ACCOUNTS. The following accounts wore passed for payment :— Messrs Haggitt Bros, and Brent (opinion), Ll 3s Gd ; Clutha Leader (printing ancl advertising), L 44 2s. MAIN SOUTH ROAD. Mr Scott moved — That about L4OO be expended on the Main South Road between Clinton 'and Balclutha. A part of the road at Corbett's, he explained, was the worst portion of road between Balclutha and Tapanui, ancl waggoners regarded it as the worst in the County. It hacl previously beon recommended to be put to rights, but nothing had yet been done. All he could say was that if it was not at once attended to it would be a disgrace to the County. The cost for metalling would be aboufc L 4 per chain. This work should be attended to, whatever might be the state of the weather. The other portion lie referred to was between Wright's mill and the Waiwera Plat, which could be pitched for about L 3 per chain. Mr Scobie concurred that the work was a most necessary one, and seconded the motion. Captain 'Mackenzie supported the motion, which was caiTie.l. TENDERS. The iollowing tenders for works on the County roads were accepted : — Contract No • I—Jit1 — Jit mes Melrose (6s 4d per yard), Con- ! tract No. 7— T. Pollock (7s 3d peryard), L 72 10s ; Contract No. B— A. Anderson, L 320 15s ; Contract No. 9 — R. Summers, L3OO 8s 7M; Contract No. 10— W. Morton, LSO ; Contract No. 11— W. Morton, LIOO ; Contract E"o. 12— A. Chirnside, L 3 IGs ; gravelling, &c. , 7s 3d per yard : Contract No. 13— W. Morton, L7O 16s ; Contract No. 17 — Falconer and Co. , formation, 25s per chain ; metalling, 8s 6cl per cube yard. No tender was received for Contract ¥,o. 5, and the Engineer was instructed to carry out Contract No. 4 by day labour. The Engineer was also instruct :d to inform contractors that the timo for completion of contracts .would be extended one month, as a delay cf that time had taken place in accepting tenders. miscellaneous. The Engineer submitted plan of alterations at the railway crossing at Clinton, and the same was approved of. The Chairman was authorised to issue a billiard license to Mr P. 'Allen, hotelkeeper, Clinton. Mr Dallas' motion re County roads in Pomahaka Road District was held over. The Chairman pointed out that the sum (L 100) voted for the Main South Road beyond Popotunoa Gorge was quite inadequate, and the Engineer was instructed to expend what sum was absolutely necessary. The meeting then adjourned.