BOROUGH COUNCIL.

Grey River Argus, Volume XII, Issue 1265, 19 August 1872, Page 2

BOROUGH COUNCIL.

The usual fortnightly meeting of the Borough Council was held at the Town Hall on Friday evening. All tho members were present, the Mayor in the chair.

The minutes of the last meeting were read and confirmed.

A letter was read from four ratepayers asking that Custom-house street and Alexandra street should be repaired.— Referred to the Public Works Committee.

Mr W. S. Moorhouse, secretary of Crown Lands, enclosing a copy of the Crown grant in favor of the Superintendent of Canterbury, of section 804, town of Greymouth. The clerk to the Resident Magistrate's Court forwarded a cheque from L*2 10s, being the amount of fines inflicted by the Magistrate under the Municipal Corporations &ct, up to date.

STREET OBSTRUCTIONS,

The following letter was read from SubInspector Hickson :— •" I have the honor to report for the information of the Borough Council, that the]public thoroughfare is obstructed on Mawhera Quay, opposite the Telegraph Office, by four logs of timber, which were brought there by the flood in February last,. and have been allowed to remain there since. I beg to recommend that the Council take steps for the removal of such obstruction as Boon as possible;; the expense of doing so will be but trifling. I have also to bring under notice that the residents on the Quays are in the habit of depositing ashes and other rubbish in the open space or cutting, alongside the wharf, and it seems to be an understood thing with them that they can do so with impunity. But there is evidence that rubbish of an offensive description is frequently deposited there, and it appears to me necessary, and I* trust the Council will agree with me, that a stop should be put to any kind of rubbish being deposited there in future. I would suggest that publicity to such prohibition be given by advertisement in the local papers. After this fs done the police will prosecute any person found offending. There is another matter I consider necessary to bring under the . notice of the Borough Council, namely, that whenever licenses are issued under the Municipal Corporations Act, 1867, schedule 13, part 1, sub. div. 6, that the same may be in accordance with Clauses 32, 33, and 36. 1 have now before me copies of two licenses that have been recently issued, but in neither of them is it stated how much of the thoroughfare may be taken up, or for what period, and with respect to one of them I have to state that under authority of the license the holder of it deposited building materials on both sides of Alexander street, and fpr some time, and until the police interfered, the street, which is rather narrow at the place referred to, was nearly impassable for traffic. This would scarcely have been the case if the license was in accordance with the spirit of the clauses of the Act above quoted. I request that these matters may be taken into consideration by the Borough Council at their next meeting." Mr Moore moved— "That this Council will do everything in its power to assist the police in the discharge of their duty in this particular matter." Mr Woolcock seconded the motion, which was carried. The Mayor said that only the other day he put on a man to clear up the channelling in the front street, and the next day he found them as bad as before, fled up with ashes and rubbish. NCISANOES. The following report was read from the Inspector of Nuisances : — " I have the honor to draw your attention to the filthy state of the right-of-way between Boundary street and Johnstoa street, and to request that steps may be taken to remove the nuisance, as at [iresent this street is impassable even in dry weather, and the filth and stagnant water in it must be very injurious to the health of the inhabitants whose premises abut on it. I also beg to call your attention to a similar nuisance, but of less aggravating character, existing at the junction of Boundary street and Mackay street, between Jones's bakery and Anse-' line's hotel. As there is! no fall for the water both sides of Mackay street are in a constant puddle, and always partly covered with stagnant water, and with very little expense this could be obviated. The principal reason of my bringing this under your notice is that in the circulars published in the Neiv Zealand Gazette, No. 25, May 22, 1872, calling attention to regulations adopted under 'The Public Health Act, 1858,' at Home particular mention is made of the injurious effects upon the publichealth; nuisances as above described are proved to have, and means suggested to remove the same, and as already symptoms of a virulent epidemic are reported in several seaports of this Colony, I have considered it my duty to mention this matter before any fatal consequences have occurred." FOOTPATHS. The Town Surveyor sent in the following report :— " I beg to bring before your notice the very filthy, and I may say dangerous,' state of Mawhera and Rich mond Quay's side paths. It ia needless to assign any cause for this, as the Council is aware it never laid out any money on side paths, or water channels, since it had the control of the streets. I would thereI fore recommend the Council to lay down a permanent stone channel and kerb-stone from the breakwater to Johnston street, and channel and kerb Werita street, Tainui street, Albert street, aud Boundary street, as far as Johnston street, with timber. I have ascertained the cost of stone channelling to be about 7s per yard, laid in position, or L 7 14s per chain, against a cost of L 4 Is per chain for wood channel, which would all have to be renewed every four years. The co.t uf the stone 'channel and kerb would there

fore be. L 269 10a, and^ the side streets, as far as Mackay street, Lll3, or a tota of L 382 ; to this must be added about LSO for formation of side paths afld box drains, which would bring the sum total t0L432." *

Iv connection with the above a letter was read from a number of ratepayers, drawing the Oouncii's attention to the urgent necessity of making good the ap- ' proaches r to the wharf - between Tainui street and Boundary street. They stated that the residents in that part of the town were willing to take up the Council's bills for the same. — This was referred to the Public Works Committee, and it was carried that the Government be requested to allow Mr O'Connor to advise the Council on the subject. -

solicitor's opinion.

The following " opinion" by the Borough Solicitor, upon several local matters, was read :-— ,:' ;

"1. A3 to power of .Council to strike rate for Fire Brigade purposes— Tbe Council have no power to raise money by a rate for these purposes, but section 329, M. C. A"., 1867, allows. the Corporation to pay out of the general funds of the Borough for the extinguishment of fires, and to agree with any persons or association for providing necessary labor for the extinguishment of fires. As to the water supply — I hardly know what the Corporation requires to be advised upon with regard to water supply, but the provisions of the Act "will meet almost evsvy requirement of the Council.- Part XX. Clauso 326 of M. C. A., 1867, provides for the erection of water works. Clause 327 allows Corporation to rent water works from any person owning same. - The 1871 Act allows Council to take land for making 1 water ' works, and clause 20 of same Act allows Corporation to levy water rate to pay interest on loan contracted for by the Council in constructing works. As to power of Mayor to give permission to persons to obstruct streets— Whatever "may be the power of the Council, in regard to this matter, it is certain that, his Worship the Mayor cannot give permission to citizens to do what in reality amounts to a common nuisance; Section 198 M. C.A., 1867. The streets are certainly under the Jcoutrol. of the Council, and they can make regulations as to the way the same may be used and enjoyed. With I reference to building material, special provisions .are made. The . bye-laws in the 13th schedule provide also for the deposit of rubbish ■ and other . things. If the 13th schedule does not provide for every case the Council can make a regulation to meet what is deficient in the said schedule. There is a power given in the Canterbury Police Ordinance to place certain obstructions in the streets, and to do things which would otherwise be unlawful, provided the - ..Superintendent's consent thereto be first obtained, but I do not think the, Canterbury Police Ordi-* nance is in force here, as far as regards the streets, and I can in no place find any power in the Mayor similar to that given to the Superintendent. This being the case, the persons who commit a nuisance or otherwise break the law, are responsible notwithstanding the permission obtained from the Mayor. While on this subject 1 I may call the Council's attention to the advisability of the Inspector of Nuisances being in more direct communication willithe Council, and his receiving his orders from it or its Clerk. If he reported cases to the Oonnoil or Town Clerk, or the Clerk or Council to I him, the complaint alleged against the Council, viz,, "that when people were summoned they ran to the Mayor for a license to onthmit the act they were summoned for,' cbuld never be made, as was done in the Resident Magistrate's Court a few days since." ; surveyor's rbport. The Town Surveyor sent in the two following reports, which were read and received : — " I am of opinion it would be advisable to give a man constant employment -for a couple of , months, who would act as scavenger after the heavy rains, and the balance of time put in a few box drains and otherwise improve the condition of the streets. You will observe from the schedule of accounts, laid before you tonight that the sum of L2l 5s 6d has been laid out on ten different parts of the town in five weeks by, day labor, and nine dif-. ferent men have been employed, in executing the work ; and lam of opinion the work could- be done cheaper and better by employing one man" constantly at say L 3 per wee \i " /

" I have the honor to report that the following works are required in the town, in order to clear off some of the stagnant water, and make those portions of the streets passable : — Draining and repairing Ashton's right-of-way, Ll2 ; draining Mackay street and cleaning channels, Lls ; box drain in Albert street and gravel, L 8 ; gravelling Alexr. street north and south, Lls ; draining Arney street, L 7; draining Tainui street north, L 7 ; Tainui street south, L 5 ; total, L 69." Mr Moobe moved that the reports be adopted, and that the suggestion of the Town Surveyor be agreed to as an experiment for two months. : PUBLIC WORKS. ■ . ;. • The Public Works Committee brought up the following report, which, was received and adopted :-r---"Ydur committee have the honor to report'that they met oh the Bth instant, . and recommend— Ist, That Messrs Glenn Bros.shouldhave permission to drain their section, at the corner of Albert street, into the Council surface-drain in Mackay street, aud that" the same permission should be granted to other persons having low sections, subject to the approval of the Town Susveyor. 2nd. Your committee referred the letter received from Mr Boase to Mr Johnston, to confer with Mr C. Y. O'Connor, requesting their opinion for the information of the Council as. to the request for permission to lav down moorings in the river, and the erection of a shoot over the stone breastwork. 3rd. Your committee recommend the Council to let 40ft x 27ft of the wharf, below Boundary street, to Mr Robert Wilson, upon condition that he deck the Bame upon the same principle as shown by Mr O'Connor'a plans, and that the ooals be stacked 3ft clear of the front of the wharf, leaving the abovementioned space clear for a gangway— the cost of nine to be allowed as rent. 4th. Your committee would recommend that a portion of the wharf should be decked opposite Johnston street, for the purpose of landing cattle, sheep, &c. sth. Your committee, after considering the copy of despatch received through the Government from the Right Hon. the Earl of Kimberley "in re Public jNui-

aances," instructed the Town Surveyor to report to the Council the necessary reinstating repairs required throughout the town, stating an estimated cost of the same for the information of the Gouncil."FINANOB. The Finance Committee's report was read as follows : — "1. Your committee, having considered the request received by the Council from the boatmen, cannot recommend the Council to reduce the amount for licenses, but would recommend, that the regulations of the Council be enforced against all owners of ferry and up-river cargo boats and boatmen. 2. Your committee' have instructed tUe Town Clerk to pay MrWm. Perkins the sum, of L 5 5», in discharge of the account rendered by that gentleman for defending the action taken by Mr Stephen Roff for recovery on account of disputed contract by the Paroa Road Board for town works. 3. Your committee recommend. the Council to dispense with the services of a Town Soli citor, believing that it will be beßt to engage asolicitor when required. 4. In re a letter of Mr W. Woolfe's; after reeciving_ Mr Woolfe's explanation, and ex- . amining the whole of tho manifests and block books connected with same, and in absence of any corroborative proof from Mr Max, your committee have to report, they consider there is no foundation for the charges, contained in said letter. 5. Your committee have also to report that they have decided to recommend, that the salary of the Town Clerk be increased by L 25 per annum ; such increase to date from the Ist day of March last. 6. Your committee recommend that this Counoil do give a bill for the sum of Ll5O to the Fire Brigade, to pay off present liabilities. ■„ T. That tenders be invited for advertising and printing for the next six months, the. present contract time having expired ; and that for the future all orders given by the officers for any materials or goods shall be given by order from an order book, to be kept for that purpose." . „ „

A long discussion took place with regard to the proposed inorease in the salary of the Town Clerk, during which Mr Kennedy said he considered the present salary to be quite ample. The increase was claimed on the ground of the amalgamation of offices, but he thought that if the Town Clerk had too much work he ought to be relieved from a portion of it. He moved— " That no increase of salary take place during the present financial year."— Mr Smith seconded the amendment.—The Mayor defended the increase, as the Town Clerk was also Rate Collector, and was put to much expense in the discharge of his duties. It would be seen.: by the balance-sheet that the business of the^ Council was conducted at a cheaper per-centage than any private business in town. The amendment was lost, and, the clause was adopted. The following was the division list : — Ayes— Messrs Parcel!, M'Gregor, Coates, Moore, Dupre, and the Mayor. Noes— Messrs .Kennedy, Smith, and Woolcock. . :' ■ •■ FIRES. ' . The following motions, proposed by Mr Moore, were adopted :— > "That on a petition being received by this Council, and signed by not less than one^third of the ratepayers of the Borough, it shall be lawful for the Council to levy and collect a rate, not to exceed threepence in the to be called a Fire Rate, such proceeds to bo expended iou plant and other necessaries required for the protection of the town from fire." "That, on. two ratepayers' taking' an affidavit that there are, certain chimneys, fire-places, &c., dangerous to the public at large, "it shall be lawful for the Council by its proper officers to enter oh and compel the tenant or owner of such property to remove such dangerous fireplaces, chimneys, &c, and, in default of doing so, the Council shall be empowered to {remove same at the cost of the said tenant, oc owner, or agent.". Mr E. Ashton wrote on behalf of the ratepayers on Richmond Quay, residiug between Boundary street and Johnston street, requesting that that portion of the street should be made up in a permanent manner ; and he offered, on behalf of himself and others, to provide the money and take up the Council's bills for the completion of the work. Referred to the Public Works Committee. The Council tKen adjourned. -,