BOROUGH COUNCILS.

Globe, Volume VIII, Issue 985, 22 August 1877, Page 2

BOROUGH COUNCILS.

LYTTELTON. The usual meeting took place on Monday evening last. In the absence of the Mayor, Cr. Allwright took the chair. Crs. Parsons, Hawkins, McDonald, Holmes, Willcox, and Cunningham were also present. The clerk stated that £SO 6s had been received since last meeting. Correspondence was read—From the Public Works Office, as follows : —“I am directed by the Hon. the Minister for Public Works to inform you, in reference to your letter of June 20th, that, with a view to the extinguishment of fire in Lyttelton, instructions have been given invariably to keep a fire-engine and locomotive there during the night time, and also to put the Lyttelton and Christchurch telegraph stations in communication with each other.” From the Colonial Secretary, asking for return showing cost of valuation for the purpose of assessment of the borough under the Rating Act of last year. From Mr F. B. Passmore as follows:—“As the Borough Council own Reserve No. 2181 in the South Rakaia district I take this opportunity of informing you that I desire that a boundary or dividing fence between my land and your reserve be made immediately. I purpose putting up a sod and two wire fence, and having experienced men working putting up other fences, think they could do the work cheaper than if another contract was called for.” From the Borough Solicitor as follows : In reply to your letter of the loth August I enclose my opinion on the question submitted by you. (Signed) 11. N. Nalder. The Act of 1867 fixed the number of Councillors at nine, but left it optional with the Council to elect a Mayor, either out of their own body, or from the ratepayers. In the latter case it provided that he should be a Councillor by virtue of his office, notwithstanding anything therein contained as to the number of the Council. By the Act of 1875 the election of Mayor was ti’ansferred from the Council to the ratepayers. Under that Act the present Mayor was elected, he being a Councillor at the time. Had he been elected from outside the Council, as might have been the case, the present question would not have arisen, and I cannot believe that in framing the present Act the Legislature intended that the mere accident of the Mayor being elected from inside or outside the Council should make any difference at the next annual election of Councillors. If all the Councillors were to go out of office at the next annual election, the present Mayor would retain office until the election of his successor in November next, and there appears to me nothing in the Act which would render him ineligible for re-election as a Councillor at this annual election. Although the Act states that the Council shall consist of nine Councillors, exclusive of the _ Mayor, no provision is made for declaring the seat of any Councillor vacant should he be elected to the office of Mayor, in which event the question would arise whether one person could hold the two offices of Maj or and Councillor, or whether by his election to and acceptance of the office of Mayor ipso facto, he. loses his seat as an elected Councillor. After careful consideration I think that the “ number of Councillors” mentioned in the fi7lb section refers to the number of Councillors elected by the ratepayers, whose term of office m distinct from that of the Mayor, and does not include, the Mayor, who is a Councillor byvirtro of his office only, and whose election takes plate at a different date. I am therefore of opinion that it is not necessary for the whole of the Conn'd to go out of office on the day appointed for the next annual At the same time 1 admit that the language of the Act is so vague that a different construction may be placed upon it, and I would recommend the Council to lay this matter before the Government with the view of getting a clause inserted in the proposed Amendment Act to remove any doubt on the subject. I think it but right to state that in considering this question I have had the advantage of perusing the able opinions of Dr. Foster and Mr Cowlishaw, given to the Christchurch City Council on the same subject, as published in last Tuesday’s “ Times.” Regarding the letter from the Public Works Office re fire engine, the Chairman said that it seemed to him doubtful whether simply having the engine in Port would be any advantage, unless some proper arrangement were made for working it in case of fire. Cr. Hawkins said he understood the engine would be under the management of the Harbor Board and railway authorities, and he supposed they would look to the working of it.' He thought this was the best thing for the town. It was resolved to wait and see the course pursued by Government in the matter. Mr Frank Passmore’s letter was next considered, and it was resolved he be written to, stating that as soon as the land was conveyed to the Council they would take steps to comply with the provisions of the Fencing Ordinance. The Borough Solicitor’s letter was then discussed, and after considerable consideration it was resolved : —“ That the Council act in accordance with the of the borough solicitor on this matter.” The Chairman said he thought immediate steps should be taken with regard to the water supply. He understood that no water was •)ow coming through the pipes at all, as it had been turned off at the reservoir, therefore they were as badly off in case of a fire as if there were no water supply at all. Immediate steps should be taken to remedy such a state of things. After discussion it nas resol\ed :■ - “ That the member for Lyttelton (Mr H. p. M urray - Ay. .sle v) be telegraphed to, asking him to urge on the Government the importance of at once settling the question of the Lyttelton Water Works.” It was resolved that a letter be written to the member for Lyttelton requesting him to get a clause

similar to that recommended by the Borough Solicitor inserted in the proposed Amendment Act. The chairman of the works committee laid before the Council a rough plan of proposed extension of water pipes in the Borough. They recommended that three-inch pipes should be laid up the Bridle-path as high as the water would rise, along Ticehurst road, and also round Dampicr’s Bay as far as the Orphanage. The report Jwas received and adopted. The chairman ; said the valve had been ordered for putting down near the Government Buildings. The works committee had settled the difficulty between Messrs Holmes, Giraud, and Newton at a small cost to the Council. The badges for the licensed porters had been ordered, at a cost of 5s each. Tenders for the improvement on Little Brenchley Farm road had been called for, and would be submitted to the Council that evening. Accounts amounting to £33 Is lid were passed for payment. The tender of M r Hulbert for the delivery of metal on Little Brenchley Farm road was accepted. Cr Willcox said that as it appeared the burgesses were avei’sc to the purchase of the gas works, lie had not carried on any further negotiation with the directors of the company. The lighting committee had visited the place suggested by Mr Hodge as a site for another lamp, and they recommended that lie should be written to informing him that the Council did not at present see its way clear to erect the lamp in the place indicated. The lamp in question, even if a kerosene one, would cost £3 15s per annum, out of which Mr Hodge promised to give £1 per annum, leaving £3 15s to be provided by the borough. As this lamp would only benefit two people, he could not recommend it. The mere cost of lighting the town, without allowing for the erection of new lamp posts, was more than £IBO per annum. Applications for _ being' appointed licensed porters were received from A., E., and Jas. Thompson, C. Eawnsley, John Walsh, George Brown, John Durham, T. Wyman, E. O’Neill, G. Agar,and J. Roberts. All the applications were granted. Cr. Holmes moved—“ That no more applications for the office of licensed porter be granted for the next three months.” The motion, not being seconded, was lost. It was resolved that the bye-laws for licensed porters be posted in conspicuous places about the town, and that a notification of the names of those appointed as licensed porters be sent to the Harbor Board and railway authorities, and also a copy of bye-laws regarding same. Resolved —“ That a deposit of 5s be made by the licensed porters on receipt of badge from the Council, but that same be returned on cancel of license.” It was determined that a letter be written to Mr Cuff asking him to report on the correct boundaries of the Dampicr’s Bay road from the Union Bank to Cameron’s corner. The Council then adjourned.