THE Grey River Argus. TUESDAY, AUGUST 11, 1868.

Grey River Argus, Volume VI, Issue 402, 11 August 1868, Page 2

THE Grey River Argus. TUESDAY, AUGUST 11, 1868.

The Grey District Road Board is once more in a difficulty— this t!me the most serious one which it has, yet encountered, but which ought to have beun foreseen and provided against. In our issue of the 25th ult., we pointed out that it was a matter for serious consideration whether, on the publication of the proclamation of the Governor creating Greymouth a borough under the Municipal Corporations Act, the powers of the Road Board over the town did not cease to exist, and we then recited the clauses of the Act which more immediately bore upon the point. But little heed was given to the matter then. At the last meeting of the Road Board, however, certain action was taken with reference to the removal of the tramway terminus- from Mawhera Quay to Boundary street, in order to carry out a previous resolution— the District Engineer being instructed to remove the tramway

at the point named if the proprietors did not accede to the wishes of the Board before to-day at noon. This haa led to legal opinions being taken Avith respect to the legality of the course about to be carried out, and we believe the conclusion arrived at is that the powers of the Board, obscure at the best of times, can scarcely now be defined, and the matter has been once more referred to the County Chairman. Pending his reply the members of the Sub-Committee do not consider themselves justified in proceeding with the execution of tho contracts for the protective, works, and they were consequently stopped, The position is this. The 11th clause of the Municipal Corporations Act says, "That on every pro* clamation whereby any borough shall be ponstitntQcl, the, name and boundaries of the borough shall be get fi>rt!i ; ancl upon the making of every such proclamation the district therein named shall be, and be deem to be, a borough within the meaning of this Act." Greymouth has therefore been a borough since the 16th of July, ancl as no provision appears to have been made in the Act for the continuance in authority of any local body in a "proclaimed" district, such as Greymouth is, the natural inference is that the Road Board ceased to have any control over the public works in the borough on that date.. Wo doubt this is open to question, and perhaps a legal quibble could be found for it ; but the members of the Road Board very properly decline to act while this remains undecided, as it might, if they touk the proceedings pointed out by the resolution, become a very serious matter for the members personally. We believe the Act never contemplated such a state of affairs as now exists in this toAvn, when the public works must be stopped until the first meeting of the Municipal Council takes place ; but we must abide the coiu sequences of our exceptional position among the towns of New Zealand. We cannot anticipate the answer of the County Chairman — whether or not the Board's powers over the town ceased when the proclamation of the Borough was made ; but we trust that some way will be found out of tho difficulty which will enable the Board to carry on the public works until they can hand them over to their successors in office. The consequence of such a stoppage at this season of the year, and in the present state of the works, might prove moat disastrous to the town, and cost triple the amount which their compljtion would now. It is, therefore, to be hoped that the members of the Board will not stand too much upon their dignity, but will strain every poiut to enable them to carry out to a successful termination the public works which, they have commenced for the protection of the town.