BOROUGH COUNCIL.

Kumara Times, Issue 1082, 19 March 1880, Page 2

BOROUGH COUNCIL.

The usual fortnightly meeting of the Borough Council was held at the Town Hall last evening ; present—His Worship the Mayor (in the chair), Councillors Seddon, Horne, Pearson, Camp, bell, Fitzsimons, Hanna, and O’Hagan. The minutes of the last meeting were read and confirmed.

The outward correspondence was read and approved of, and the inward read and received.

The Council then adjourned until after the sitting of the special meeting called relative to the bye-laws for the public Pound.

SPECIAL MEETING. It was moved by the Mayor, seconded by Cr. Hanna, and carried, “ That this Council do now make the following bye-law :• Bye-Law No. 12 of the Council op the Borough op Kumara, relating to Public Pounds.

In puisuance of the powers and provisions of the Municipal Corporations Act, 1876, the Council of the Borough

of Kumara do hereby make the ing Bye-Law;— Tht fees and Charges to be taken and by the Poundkeeper of the Poilnd established by the Council of the Borough of Kumara within the Boroughj in rospeOt of ail animals impounded, and for ..the maintenance of the sanle, shall be as {“diloWjs:— _ . . d: For each horse, iflarg, gelding, foal, multej asSj bull) ox, calf, pig, or goat ... 1 0 For each sheep) or lamb ... 0 G The above feeS to be . paid for each day or part of a day during which the animal is kept in the Pound. Charges for foGd; Fbr Oabh horse> mare, gelding, foalj mule, or ass ... 5 0 For each bull, ox, odw, Or calf 4 0 For each goat, or pig 1 G For each sheep or lanlb 1 0 The above charges to be paid for eadh day or part of a day- during which the animal is supplied with food and water by the Foilndkedper. NOTICE PEES. - s - : d; For giving notice to any owner, agent, of bailiff)-*Vithiu tbe Borotigh ... ....vl-Q For giving notice to any btf her, agent, or bailiff, outside Borough,- fbr every mile Or part of a mile ..; 1 0 For sending notice by post ... 1 0 It was moved by the Mayor, seconded by Cr; Hanna, and carried—- “ That the south-eastern portion of section 10, now enclosed and situated in First street, be declared a publid Pound” Moved by Or. Hanna, aetionded by Or. O’Hagan, and carried Nathan Seddon be appointed Poundkeeper. for the Borough of Honiara.” Moved by- Or. O’Hagan, seconded by Or. Fitzsimons, and carried—“ That the Pound fees be paid to the Pouudkeeper, as a remuneration for his services.” It was then resolved that a special meeting be held on Thursday, the Ist April, at 8.30 p.m., to pass a resolution confirming the resolution passed at this meeting, making Bye-law No. 13.

ORDINARY MEETING. 3?ho Council resumed 'the ordinary meetlngat3.3op.nl. On the motion of Oft Seddon, bonded by Oft Horne, it Was resolved that the Borough Solicitor bd Requested to draft a letter to the School Commissioners in reference to the, title to the Within the Education Reserve. The Mayor and Or. Campbell were appointed as delegates of the Council at the conference to be held on Saturday next.

The following report from the T?owtt Clerk was .read and received, Uhd also adopted, with the exception of the last clause.

Report of Town Clerk re PaOciiEbiNGd in Resident Magistrate’s Court. I have the honor to report that the Sergeant of Police (in pursuance of a resolution passed on the sth of February), laid an information against Louis Seebeck for using an unlicensed building for public amusement, viz., as a billiard The case was heard before the Resident Magistrate, Mr Mackay, on the 4th inst. The defendant having pleaded that his saloon was only used by members of a club, the Magistrate dismissed the case, making no; order as to costs. Four witnesses weie summoned by the police for the prosecution, three of whom were sworn and gave evidence. No witnesses were called for the defence.

On the 10th March a summons was served on the Borough Council by George Simmons, for ten shillings for “attendance at Court on the 4th March, 1880, by subpoena, case Borough Council v. Seebeck.” The Clerk of the Court has shown me a memorandum from the Resident Magistrate, written in pencil on Simmons’ subpoena, which was headed “Regina v. .Seebeck.” The memorandum is in the following words : “Mr Barton—Tell the Borough Council they must pay all witnesses who were summoned, whether they were called or not, James Maokay, R,M. “6th March, 1880.” . : No application was made to me by Simmons for his costs.

The case against the Borough was called on for hearing on the 16th instant, when I attended and explained to the Magistrate that there had been no meeting of the Council since the case against Seebeck was heard, that Simmons had .never applied to the Council for his costs, and that, as no order , was made about costs arid the case was brought by the police and not by. the Borough, I could not pay the witnesses’ costs without authority from the Council. - • A . The Magistrate then said that he shoulcl" decline to hear the case,, but that he considered the Borough had treated him with great discourtesy by noir-paying: the witnesses ; that'he should pay them himself, - and that he should instruct the Police not

lo bririg any more Borough cases into Court, unless the Borough deposited all the costs of witnesses. He then called Sergeant Emtllerson into Court,and instructed him as above. Having now stated the facts of the ease* I beg to make the following remarks on them Ist, If Mr Simmons had applied to me for his expenses instead of taking out a summons, I should have explained to him that I could not pay him without authority, and have asked him to wait till the next meeting of the Council. 2, If the Police act Up to Mr Mackay’s instructions, it will lead to very serious consequences, as in the event of an infor-V-ihation being laid against any person, that person ' can claim to summon any humber df witnesses and the Borough will haVe to deposit the cost of the summons and ten shillings for. each person summoned as a witness before the case can be proceeded with. It is easy to see hOw this procedure could be worked so as to entirely defeat the law. If the Police are prevented from proceeding against persons transgressing against the law relating to Boroughs, the consequences may be very serious. ***** In Conclusion, I would respectfully recommend that the Borough Council should pay the expenses of all witnesses summoned by , the prosecution in the case Regina v. Seebeck; but t cannot recommend that those witnesses for the defence who were not called upon for their evidence should he paid by the ratepayers of this Borough.

James Wyldbj Town Clerk,

March 18,1880. It was resolved that the Mayor and Crs. Seddon and O’Hagan wait on J, Maekay, Esq., R.M., with ft view of' coming to an amicable Understanding with him relative to to the late proceedings in the case Regiha v. SBebeck, ahd the Carrying oltt of the Borough bye-laws in future. Tfife question ol filling a hole in Seddon street was referred to the Public Works Committee, with power to act. Cr. Seddon, by leave, presented the following petition* which was read and received :

To the Worshipful the Mayor and the Councillors of the Borough of Kuraara.

Sir, and Gentlemen—l desire to bring before the notice of your honorable Council the manner and treatment I have received at the hands of your servant, the Town Clerk.

About five months ago I paid into the hands of Mr Wylde 25s for taxes due upon a building in Seddon Street, of which before that time and since. I have been the occupier. The clerk acknowledged payment by giving me a receipt in my name, At that time I requested that my name be placed upon the forthcoming Rate Roll, in place of one Win. Finlay* Botti This h 0 promised to do without fail. Subsequently a notice appeared in the “KUmara Times’’ stating the Rate Roll was compiled and open for inspection. Oh looking over it, I found my name absent. In answer to my inquiry, Mr Wylde said it was an-unintentional Omission, but that he could not alter the Roll (although requested by Mr Einlayson and myself to do so), and that I must apply to the Appeal Court. 1 did so, and Mr Wylde objected tm the grounds only that I Was not the owner. I am convinced that the Town Clerk has in this case used the powers and authority of the Council to gain a private object. Being a ratepayer, subjected to such unjust and despotic treatment, I request your honorable Council will investigate the matter. For myself I desire nothing but justice ; this I hope to receive at .your hands. And your petitioner will fever pray.

George Simmons. Kumara, March 18th, 1880. On the motion of Cr. Seddon, seconded by Cr. Hanna, it was resolved that the Town Clerk be requested to repdrt at the next meeting on the subject of the allegations contained in Mr Simmons’ petition. The Council then at\jonrned.