BOROUGH COUNCIL.

Kumara Times, Issue 2653, 9 March 1885, Page 2

BOROUGH COUNCIL.

The usual ordinary meeting of the Borough Council was held in the Town Hall, on Thursday evening; present— His Worship the Mayor (H. Burger, Esq.), Councillors Nicholson, Anderson, Fitzsimons, Davies, Campbell, Maloney, aud Olden. The minutes of the previous meeting were read and confirmed. The outward correspondence was read aud approved of. The inward correspondence was received and considered. CORRESPONDENCE. Letter from the Treasury, Wellington, informing the Council that £2 gold revenue and £l3 8s 2d gold duty had been placed to credit of Kumara Borough Fund account. —Received, Letter from Mr Kroener, drawing the attention of the Council to the necessity of putting a grate to the Government water-race, where it crosses Fourth street. There were sometimes eight aud ten heads of water running down, and it was very dangerous to children on their way to aud from school.—On the motion of the Mayor seconded by Cr. Maloney, the letter was referred to the Public Works Committee, with power to act. Letter from the Hon. Secretary Local School Committee directing the attention of the Council to a dangerous hole near the State School, in the track of children going to and from school, and requesting that it be filled up.' — Referred to the Public Works Committe, with power to act. Letter from J. M'Ennis, Esq., Receiver of Gold Revenue, who, in answer to request, stated that the amounts of gold revenue collected by him, from Ist July, 1884, to the 14th February, 1885, inclusive were—Borough of Kumara, £2B ; Westland School Commissioners, £6, In reply to letters from the Kumara Borough Council, forwarding copies of resolution passed relating to the necessity of establishing a Horae for destitute Old Men on the West Coast, The Buller County Clerk (Mr R, T. Mullan) wrote that at a meeting of the Buller County Council, held on the 11th February, the following resolution was carried—“Resolved—That the letter be acknowledged, and that this Council pledges itself to assist in the object in view, and that the member for the district be asked to cooperate.” The Inang.ihua County Chairman (P. Brennan, Esq.) replied as follows : “ I have the honour to inform you that the Inangahua County Council is fully alive to the necessity which exists of establishing an asylum on the West Coast for destitute old men, aud will assist in every way in inducing the Government to erect such a building and endow it.” Letters received. A business notice from the Secretary (Mr W. Rae) Dispatch Foundry Company was read and received. BOROUGH RATES, Tim Acting Town Clerk read an Opinion from the Borough Solicitors relative to the validity of the borough rate, 1884-85, in reply to matters submitted on the 28th February, as follows : Opinion for tee Kumara Borough Counoil relative to validity of the Borough Rate, 1884-1885. The question submitted to Council for opinion is “Is the Borough Rate for 1884 to 1885 valid, although section 109 of ‘ The Municipal Corporations Act, 187G,’ has not been complied with, inasmuch as the estimates of expeuditme, wwe.uevw

published prior nor after the rate was struck ? Although an estimate was made it was notified that the same was open for inspection as per advertisement in the Ktjmara Times of the 22nd day of August, 1884.” The first question which prevents itself is as follows : (a) Is the advertisement a sufficient compliance with the public notification required by section 109 of “ The Munich, pal Corporations Act, 1876?” This section carefully contemplates that the estimates of the proposed expenditure and other things therein mentioned, being approved by the Council, shall be publicly notified, that is to say, advertised in extenso. If the Legislature intended that a mere notice inserted in the newspapers that the estimate would be open for inspection at a certain place and time, then, as in the Rating Act, which is incorporated with the Municipal Corporations Act, it would be distinctly provided, as in the case of the valuation roll and rate book, that the same were open for inspection at a place to be named in the advertisement, we think the public notification of the estimates, &c., is in a condition precedent to making the rate, and should have had no hesitation in saying that that condition not having been complied with would render the rate bad had it not been for section 51 of “ The Rating Act, 1876.” Evidently by this section a ratepayer would be stopped from attacking the validity of the rate, as a whole, and in an action in the Resident Magistrate’s Court to recover the rate, the the Magistrate would, we think, refuse to go behind the rate book. But, although judgment might be obtained against the ratepayer in an inferior Court, it becomes necessary to consider if there is any other procedure by which the rate, as a whole, could be declared invalid. Before entering on this phase of the question we must determine whether the directions in section 109 of “The Municipal Corporations Act, 1876,” are mandatory or directory. If merely directory then the superior Court would not interfere by any process to prevent the recovery of the rate ; on the other hand, if the direction as to public notification is mandatory, then the Supreme Court would, by injunction, restrain the Borough from proceeding further in the recovery of the rates. In weighing when an enactment is to be considered as mandatory and when as directory we must, in the words of Lord Campbell, “ try to get at the real intention of the Legislature by carefully attending to the whole scope of the statute to be construed.” When “The Rating Act, 1876,” is read with “The Municipal Corporations Act, 1876,” the importance of public notification under section 109 is v very much weakened, for under the Rating Act ample opportunities are given for any person aggrieved by the valuation roll or rate book to have his special grievance, if real, removed, and so the neglect by the Borough to publicly notify' the estimates may in individual cases be rectified ; but if the Borough Council has exceeded its powers, the ratepayers must apply to the Supreme Court for an injunction to restrain the local body from levying the rate. This course is open to them at all times during the currency of the rate, but we opine that the Supreme Court would hesitate to declare any rate invalid which in all other respects (except the bare public notification required by Section 109) has been properly struck and is within the power of the Borough to levy. Therefore, in looking to the subject matter and considering the importance of the provision in Section 109 and the relation of that provision to the great object intended to be secured by the Act, we lean to the opinion that the provision for public notification is merely directory. But even if we were held to be in error in this view, the Borough must bear in mind the probability is very remote that any ratepayer would after judgment recovered against him in the Resident Magistrate’s Court apply to the Supreme Court for an injunction to restrain the Borough from proceeding to levy the rate. The°expense would be, we think, a sufficient deterrent. There is another aspect of the case we would submit to the Borough Councillors in order to remove all doubts on the question. Section 68 of the Rating Act, 1876, was framed expressly to meet a case similar to the one submitted to us. By application to the Governor the irregularity might be validated and the time limited by Section No. 53 of the said Act extended so as to allow ample time to sue for unpaid rates. If this course were pursued, the irregularity would be cured and all doubts as to the validity of the rate removed. In giving this opinion we have referred to the Rating Act of 1876, as we cannot find any Gazette notice that the Borough has adopted the Rating Act, 1882, (see Section 58 of that Act); but even if this Act has been adopted, it contains similar' provisions to those herein mentioned as relied upon (see Sections 27 and 53). For the reasons before given we are of opinion that the rates could be recovered in the Resident Magistrate’s Court; but application for an injunction might be made to the Supreme Court to restrain the Borough from proceeding to levy the rates, the result of which application is very difficult to determine, as there is no general rule as to when the terms of an enactment are directory and when mandatory. Jones and Menteath. Chambers, Werita street, Grey mouth, 4th March, 1885. The Mayor stated that as it appeared they could recover the rates, if disputed, he would move, that the Town Clerk put a notice in the paper, notifying that the rate mint tip p,;,1. fuiulcd yut that thq

solicitors simply stated that the ratepayers may appeal. After a little discussion on the subject, The Mayor moved—“ That the Town Clerk be instructed to advertise in the Kjjmara Times that the rate, 1884-85, must be paid before the 31st March, 1885, or the arrears would be sued for, and that the Governor be asked to validate the error, if any, in striking the rate.” The motion was seconded by Or. Campbell, and carried. RECEPTION OF MINISTERS. A letter was read from the Hon. Sec. Reception Committee, handing in, by direction of the Committee, a balancesheet of the receipts and expenditure in connection with the late visit of the Hons. Messrs Stout (Premier) and Larnach (Minister of Mines). It showed the total expenses to have been £67 17s and the receipts £2l 18s 6d, leaving a deficiency of £45 17s 6d. The Chairman stated that the Secretary had written to the County Council, asking that body to pay half the expenses, and it was understood the Council had done or would do so. However, pending a reply he would move—“ That the letter be referred to the Finance Committee, to report to next meeting.” The motion was seconded by Cr. Campbell, and carried. FINANCE. The Town Clerk read the Finance Committee’s Report. It recommended the payment of accounts amounting to £52 14s 2d; and calling for applications for the office of Town Clerk, <fcc., applications to be sent in by the 25th March. Thr report was received and adopted, and accounts to the amount stated passed for payment. [The remainder of our report of the proceedings will be given to-morrow.]