DISTRICT COURT.

Globe, Volume XXIV, Issue 2446, 7 February 1882, Page 3

DISTRICT COURT.

Fbidat, Febbuaby 10. [Before Mb Honor Judge Wfcid.3 Cause List. Kelary v Bowland. MoOee v Smith and Duncan. > Moaeley v Willia and Danlop. LYTTELTON BOBOTJGrH COUNCIL. An ordinary meeting of this Council was .held on Monday night. There were present _ the Mayor, end Ore. Hacdonald, Btinson, Webb, Weyburne, Smith, and Oarforth • The receipts since the preceding; meetiVg werß stated to have been £257 9s. 63. A letter from the harbor improvement of the Lyttelton Harbor Board, stating the Board would put up a three feet stone or con orete wall along where the slip took place on the Governor's Bay road near the graving do>"k| was read. A doubt we* expressed whethi'r the wall proposed would be put upon sne. v i a foundation as would ensure i*» permanency, and a resolution was agreed to that the works committee again meet the Board's committee for further information. Mr. W. Mitchell, dairyman, wrote notifying the Council that he would hold the Council responsible for any damage ox." injury which might result to his cattle in consequence of the works now being carried on by the>Ccvno 1 on Messrs Harman .and Steversacoount on Voelas road. It wa.s agreed to send a copy of Mr Mitchell's letter to Messrs Harman and Stevens at once. The lawyer for the borough wrote for certain informatiosjis to a case pending between the Council and Mr H. Hawkins. The clerk read the letter, showing that the request had been complied with. The town ranger asked 'that the cost of two summonses, 10s, which he had taken out against parties for allowing cattle to be at large, and which had been dismissed by the Magistrate, should be refunded to him. The request was acceded to. The Heathcote Road Board sent c rate notice on the waterworks property belonging to the Council in that district. As no similar rate was ever before asked from the Council, and as the amount was ooneiderered to be excessive, the letter was referred to the borough solicitor. With respect to Captain MoLellan's application to the Council to have the corner of his property secured by a stone wall, the Mayor said the whole correspondence in connection with ther affair had been looked up by himself and the clerk. The correspondence, minutes, memoranda, &0., he thought must be gone through by a committee of the Council, in order that a right understanding of Captain MoLellan's position with the Council could be arrived at, as many of the Councillors** were unaware of the action that had beentaken. The settlement of the property'* boundaries had been arrived at a good manyyears ago. He hoped the committee would be an impartial and independent one, composed of Councillors who knew compaiatively nothing of the property itself, and who would therefore be guided by the evidence of thsr memoranda, and the minutes and the evidence of such persons as they would consider necessary to call. Ha preferred to have no voice on the committee, more particularly a* he had been told that the applicant had given it out that so long as he was Mayor there was* little chance of getting justice done. At the time this matter was disposed of Mr Caff was the Council's surveyor, and as amatter of fact that gentleman's surveybrought the boundary of the borough road right up to Captain McLellan's verandah. Captain McLellan, who was now present at the meeting with some oopies of surveys hehad had made, and which differed from that of the ex-borough surveyor's, Mr Cuff, said that he desired to throw no reflection oneitherthe Mayor or the Council. All that he asked, was that justice, simple justice, should be done him. He came, he said, for no favors, but as he had been to the expsrse of having three separate surveys made by Messrs Dobson, Huddlestone and Favitt respectively, alt of which agreed that he was entitled to the south corner of the lot of land he was occupying he considered he was justified in bringing his oase before the Council. What he asked the Council to do was not to take these survey*as correct, but to engage or name any surveyor they might, excepting the ex-borough surveyor, who had been referred to, and he was willing to abide by his decision and bear the expense. After stating that the fence round his property did encroach on the road in certain parts, and expressing his readiness to take it down in those places, he thanked the Council for hearing what he had to put before them, and withdrew. Some discussion of a desultory character took plaoe among; the councillors as to what was the best course to pursue, and it was finally resolved that a committee composed of Ors. Garforth, Webb and Weyburne should e,o into the matter and report upon it at the meeting. Leave of absence was granted to Cr. Maopherson. Aocounts amounting to £lB6 5s 6d were passed for payment. Mr Kent, engineer at the waterworks, reported the consumption of water to the amount of about 70,000 gallons per diem. It was agreed to take the advice of an engineer as to the best method of increasing the number of artesian wells at the works. A resolution was also come to to ask the engineer at the station to report upon the relative value of Westport and Brockley coal. The Inspector of Nuisanoes' report was read. He recommended that some other site for the deposit of the rubbish be fixed upon than that at present used, as the latter was a nuisance to persons passing along the Sumner road. After empowering the works committee to go on with certain improvements in the drainage of various parts of the town, the Council adjourned.