BOROUGH COUNCIL.

Kumara Times, Issue 749, 22 February 1879, Page 2

BOROUGH COUNCIL.

The usual fortnightly meeting of the Borough Council was held at the Town Hall on Thursday evening. Present— His Worship the Mayor (in the chair), Councillors Brown, Campbell, Fitzsimmons, Pollock, Cornfoot, Seddo», King, and Hanna. The minutes of the previous meeting were I'ead and confirmed. The outward correspondence was read and approved of ; and the inward read, received, and considered seriatum. In reply to a letter received from the Secretary of the School Commissioners the Town Clerk was, on the motion of Cr. Brown, seconded by Cr. Campbell, instructed to again write to the Secretary and ask for the map applied for in the previous letter. The Town Clerk reported, in accordance with the resolution of the Council, on a letter received from Mr Anderson (of the Theatre Royal) at their last meeting, asking fora refund of the money he (Mr Anderson) had paid for a special license to the Council as follows : Report' most ToWn Clerk it* tin Letter from W. 0, Anderson. In reference to the above matter I have to report that on the 15th April, 1878, a* license was granted to Mr Anderson for the Theatre Royal, as a Hall for Public Meetings, or any public performances oi* amusement. The license was granted under Section 323 of the Municipal Corporations Act, and Section 327 of the same Act provides a penalty of £2O against any person using any building , for such purposes without having J a ‘ license for the* same. There are only three huiltlihgs licensed for Public Meetings in the Borough, and I am not aware that any infringement of the law has taken place by unlicensed buildings being used for the purpose. The Council has no power to exempt Mr Anderson from the operation of the law, as, in the event of his Theatre being used for public meetings etc., without holding a license and paying the fee fixed by law, any person could lay an information against him and recover the penalty pro* vided. The option of enforcing or not enforcing the law does not rest with the Council. This has been proved lately in Greymonth, where the Council under a mistaken sense of its powers, instructed the police not to enforce one of the byo-laws of the Borough, as it was about to be repealed, and the police declined to receive the instructions, and at once took proceedings and recovered penalties under the bye* law. James Wyx.dk. Town Clerk. Borough Council Offices, Kumara, 20th February, 1879. Moved by Or. Hanna, seconded by Or. Seddon-—" That either Mr Anderson or the Public Hall Company should have a return of their license fees, or that all others should he compelled to take out licenses, should the Borough Solicitor advise the Council that penalties can he enforced.” The Mayor thought this was a aeriotls matter, and they ought to take the opinion of the Borough Solicitor before they took any further action in the question. Cr. Seddon thought the Municipal Corporations Act dealt Very explicitely with the mutter. As a question of public policy, if the Council, thought’ these da> ce-rooms injurious to the town, then stop them, but if they were a source of revenue, then the license should be enforced. It had better be referred to the Borough Solicitor, and brought to a direct issue. Cr. Cornfoot said the resolution was out of place altogether. Mr Anderson had asked for a remission. The matter had been t>efoi‘e the Council previously, when the Public Hall Company asked a similar concession. The question now was, were they to refund Mr Anderson the tueney or not 1 They had on a pervious occasion decided that the Pul.lie Hall Company had a special pmilege in taking out a license, and t 1 ey could not refund the amount, and the same argument applied in this case. The motion was put and carried on the voices. A report from the Town Clerk r■commending the formation of footpaths, in lUi an 1 1 1 fth st reels was read, received, and adopted, with the addition of both sidos of Seddon street from First to Fourth street. Res-'lv d, on the motion of Cr. Hanna, seconded by Cr. Brown that Cr Seddon be requested, when in Wellington, to •ring under notice of i lie Government the injustice the llomngli is likely to snifer roni (he sa e. of Crown lands, under section 45 of the Lands Act j also the question of the Education Hcserve and any other matter of importance requiring attention. Hie Council then adjoinned.