NAPIER MUNICIPAL COUNCIL.

Daily Telegraph (Napier), Issue 3670, 19 April 1883, Page 2

NAPIER MUNICIPAL COUNCIL.

Wednesday, Aphil 18. The Council met at 8 p.m. Present: — His Worship the Mayor (chairman), and Crs. Montcith, McDougall, Margolioutl), Graham, and Cotton. DEF-VULTIXO KATEPAYEES. Cr. Margoliouth moved, in accordance with notice previously given, "That the Town Clerk be instructed to sue for ali rates unpaid on the first day of May next, without respect of person." Cr. Cotton seconded the motion, which, after somo discussion, was carried unani* Hiously,

In reply to a question by the Mayor, the Town Clerk said that, including the six months , rate which would not bo overdue until the 21th of this month, there was about £1700 of rates outstanding-. Of the old rate not more thim £300 was unpaid. CORRESPONDENCE. The following inward correspondence was read:— From Mr R. Price, resigning his seat as a councillor. From Mr J. Buchanan, M.H.R., acknowledging receipt of the Council's letter of 21th ultimo (which he had not received until his return from Wellington) with reference to t.ic question of prison labor for the sinking of salt water wells, and stating his belief that the Colonial Secretary would forego the demand made for a shilling per day "per ni^n the matter was represented to him in the light that the wells are necessary for the protection of public as well as private property. From the Association for the Encouragement of Local Industries, Christchurch, forwarding a copy of rules and prospectus. THE LATE BATE CASE. A letter was received from the Municipal Solicitors, Messrs Sainsbury and Logan, stating that, in consequence of the obscurity of a Gazette rule as to appeals from the decision of a Resident Magistrate, they had failed to give notice within the requisite time of an nppciil in the rate case of the Corporatiau v. Orr, and that the defendant, through Ids solicitor, would not consent to waive° the point of time unless he were indemnified against all loss in any event and against the payment of £11 5s (the sum m dispute) and costs in case the Corporation was successful. Inasmuch"as it was through their oversight that the appeal was not l.i<lu-f.l in time, Messrs Sainsbury and Logan ..tfVred to pay, in the event of the appeal succeeding, the £11 os, and Mr Orr's costs ; £1.5) ami" i> make v> charge except for I'.i-tliiv. li> the I'v.-nt of the appeal being ]ni.r. the Corporation would sustain no loss whk-h it would not oiherwise have had to Cr. Mouteith moved that the solicitor be instructed to carry on the appeal in terms of Iris letter. , Cr. Graham seconded the motion, which was carried. THE SANITARY RATE PROPOSAL. T- Appended to the foregoing letter from the Municipal Solicitors was an opinion •riven at the instance of Cr. Cotton, to the effect that a separate rate could not be levied on any particular portion of the borough unless a majority of the burgesses in the part affected presented a petition defining the boundaries of such part, and praying that a separate rate be levied therein, in accordance with section 3 of the Municipal Corporations Act. Some controversy ensued as to the right of individual members of the Council to apply to the Municipal Solicitors for opinions on points of law. After several councillors had expressed themselves on the subject, an appeal was made to the chairman for his ruling on the point in dispute. The Mayor said he thought the proper course was to apply through the Council, though he did rot know of any bye-laws or regulations on the subject. It might, however, be convenient to ask for a _ legal opinion without such authority, and if the solicitor pleased to give an opinion as a matter of courtesy there was nothing to prevent him doing so ; but it could be demanded as a right only though the Council. THE VALUER AND MR. PRICE. In accordance with the request of the Council the Municipal Solicitors forwarded their opinion re the striking of Mr R. Price's name, as representative of the Scinde Lod«'o property, oft' the valuation list. The following is the text of their opinion :— " So far as the legal position is concerned, we think that the letter of the trustees of Scinde Lodge, of the 7th of September, 1881, authorising Cr. Price to receive the demands and pay the rates in respect of town section 124, Napier) ought to have gone further, if the intention: of it was to nominate Cr Price as the person to be entered on the valuation roll in respect of > such property. On the authority of such letter, therefore, Cr Price's name should not, strictly speaking, have been placed on the valuation roll last year in respect of the above property. Presumably, however, the intention of the letter was that the name should be so entered, and it was .so acted upon by the borough valuer in the first instance. Whether or not this was done through inadvertance on the part of the borough valuer in the first instance, and whether or not in the following year it was removed by him in the conscientious discharge of his duties, arc questions which we would ask the Mayor and Councillors to consider as being within their special province." Cr. Monteith remarked that Messrs Sainsbury and Logan were oidy asked for a legal opinion. The matter was then allowed to drop. PUBLIC WORKS COMMITTEE'S REPORT. The following report from the Public Works Committee was read:— Your Committee having met persuaut to notice beg to recommend the Council as follow;-,:-----1. That the duties of the consulting engineer shall be as follows:— {a.) To reX cuvc the reports of the road overseer and to order repairs to mads, &c. ; also to sign vouchers for mat.'rial* and wages. {b.) To have-harge of the waterworks, and to give instructions to tlie engine-driver and the turncock. (<-.) To attend committe meetings if required, and to furnish reports. {(I.) To prepare plans and specifications for any works that may be ordered to be constructed from ordinary revenue, (r.) To supervise drain connections, and issue instructions to V road overseer in connection therewith. (/'.) To undertake the inspection of plans in connection with the new regulations for a period not exceeding three months. These duties to commence on Ist May next. •>. That the vouchers for wages, kc, £259 7s 3d, and interest £2133 13s, herewith forwarded, be passed and ordered to be paid. Cr. Monteith moved that the first clause of the report be referred back to the committee for further consideration. The matter, he said, was one of considerable importance, and should not be settled hastily, besides several councillors were absent from the present meeting. He thought it would be advisable for each councillor to have a copy of the clause furnished to him so that he might studjthorouglily its provisions. It was a question if some of the proposed duties of the engineer as set forth did not admit of modifications, whilst othoi-H could easily be discharged by the road overseer. Cr. Margoliouth was opposed to deferring , the matter any longer. The proposed duties had been already discussed in committee and approved by the engineer hiiiiriolf, and he failed to see what more was v required. Ultimately Cr. Monteith's motion was put and carried, Cr. Margoliouth alone dissenting. SIGNING CIIEQI T E3. Cr. Margoliouth was appointed to sign cheques, vice Mr R. Price, who had rc4. signed his seat at the Council. VOUCHERS. The vouchers for the fortnight for wages, Sec, amounting to £23!) 7s t)d, also £2133 13a for interest, were passed for payment. Tho Council then adjourned.