SATURDAY, 1st AUGUST

Kaipara and Waitemata Echo, 7 August 1914, Page 5

SATURDAY, Ist AUGUST

PRESENT

Me^grs Jas. McLeod (chairman), A. Becroft, Jas. Hand, and Capt. Sellars. Min.utes of previous meeting were read and confirmed. SHORT OF FUNDS Messrs Bennett and Green wrote re state of Ratawhiri Road. The Clerk was instructed to reply that as the Board was short of funds, it could not attend to the matter at present. SELLING THE.EARTH Mr Field wrote —Re prior arrangement with the Board for clay, I understand that the Board will retire further clay in Awaroa r^oad. We are prepared to supply a further amount of say 200 cubic yards at sixpence per yard, payment not to be due till six months after delivery .—The Board decided to accept delivery of clay on Awaroa Road free of charge, and will provide a man to spread. GOW STREET A petition from E./T. Field and others read: We, the undersigned property owners of land adjoining Gow Street, hereby declare that we renounce all right, title and interest whatsoever in the ownership of Gow Street, and admit that the soil and all rights appertaning to such street are owned by the body corporate known as the Helensville Town Board. - THE. SEWERS AGAIN Mr Hafford wrote : Fome time ago I wrote to the Board and asked that the sewer be extended in Fourth Avenue, so that I could connect my residence with same. I saw by the local paper that the Board intend extending the sewer into Gow Street, and I consider if the Board has the funds to do the work in the above-mentioned place, they can also do the same in Fourth Avenue, and more especially as my application was made first. The Clerk was instructed to reply that as Gow Street was on the original plan prepared by the Engineer, it was decided to con" nect up that street first, and to connect up other streets as the funds permit. NEW BOOKS FOR LIBRARY The Clerk was instructed* to ask Mr A. J. Hill if he would kindly undertake the selection of a new lot of books for the Public Library. FIRE BRIGADE STATION It was decided to write to the Board of Education, asking them if they will let the Board have a quarter-acre section on their reserve in Bth Avenue, adjoining the Technical School, for the purpose of erecting a Fire Brigade Station, this being considered the most suitable spot available, as it is near the top of the hill. INCREASE OF MEMBERSHIP The Board's solicitor, Mr Ziman, wrote stating that he had made application to the Hon. Minister of Internal Affairs to have the number of members of the Board increased from five to seven, and had forwarded to the Minister a draft form of the Governor's warrant for the purpose He would inform the Board on hearing from the Department of Internal Affairs. LEGAL OPINION Mr Ziman's opinion re taking over sewer through Bradly and Mackie's property, was ordered to be received. The letter read as follows : Mr Bradly has applied to the Board to take over the control of a six inch private drain 140 ft in length, running from Mr Mackies house through an area of land belonging to Mr Mackie and

thenr-3 through an area belonging

to JV-? Bradly, until it connects •«svith||i- public drain running from Commercial Road to Mary' Street. From the plan submitted it appears that all the land served by such private drain is within 100 ft of the public drain. The reason for the application is, I understand, that Mr Bradly apprehends that, as the drain runs through property of more than one owner, there is a risk, unless it is declared a public drain, of

injury to it. lam asked to advise as to the powers of the Board, and as to the proper mode of dealing with the matter in question. Under Part 23 of The Municipal Corporations Act 1908, the Board has ample control over private drains, e.g., by section 216, the Board is authorised in respect of any land or building lying within 100 ft from the sea or from a public drain to require the owner thereof (among other things): —

(a) To provide, construct and lay a private drain connecting with a public drain or covered watercourse or street channel ov the sea, as the Board thinks fit, (b) To cleanse, repair, re-lay and alter the course, direction

and outfall of any existing private drain.

(c) To connect any such existing private drain with any public drain or covered watercourse or street channel other than the one with which it was previously connected.

d) To provide any existing or any new private drain with such traps, methods of ventilation, and other sanitary appliances as the Board directs.

For full powers of the Board in this connection, reference may be made to Section 216 of " The Municipal Corporations Act 1908 as amended by Section 26 of The Municipal Corporations Amendment Act 1910.

In respect to the protection of drain, this is amply provided for by Section 227 of the Municipal Corporations Act 1908, which makes it a punishable offence to wilfully or negligently destroy or injure any public or private drain, and empowers the Board to replace the property so destroyed or injured, and recover the cost from the person doing the damage It will be observed that the Section gives the same measure of protection, and provides the same punishment, in respect of private as in respect of public drains. In respect, therefore, of the particular application and the reason given for it, no ground appears to exist for declaring the drain a public drain. I therefore advise that the application be not granted, but that Mr Bradly be informed that the Board lias an ample measure of control over the drain, while it remains a private drain ; and that the law gives the same measure of protection to a private as to a public drain and provides the same means of punishment in respect of injury to same. FINANCIAL Dr. balance general account, £343 9s "6d ; Dr. drainage and water account, £3338 14s 2d. The following accounts were passed for , payment: —General, £45 18s; drainage and water, £89 15s 4d ; library account cr., £29 8s 4d ; cemetery account cr., £6 17s sd.