ELECTION OF WARDEN, FOR THE AVON AND HEATHCOTE DISTRICT.

Lyttelton Times, Volume VI, Issue 388, 23 July 1856, Page 7

ELECTION OF WARDEN, FOR THE AVON AND HEATHCOTE DISTRICT.

The election of a Way-warden took place on Thursday last, at Cinistchurch Quay. The meetinjr of Rate-payers was larger than on any like occasion, there being about forty persons pre.-cut. The Returning Oilicer for the District was Mr. Brittan, the Provincial Secretary. He commenced by saying that the meeting was called for the purp. se of electing a Waywarden in accordance with the R<ud Ordinance of the Lst session. In his capacity of Returning officer, it would be nnhevom ng iv him to make any remarks on the law under which they were called to act; but he could not pretet/d ignorance of the fact, that theie was great diversity of opinion in refcifiu c to this law, and that its'object had been wilfully perverted by

Mime, and much misunderstood by others; and as he (Mr. B.) had had the conduct of the Bill :!irough the Provincial Council, he should be happy, though it was foreign to the duty in hand, to give any information it might be iv his power to give to any one who might desire to question him. Mr. Scott asked if the Ordinance cast the repair of the Ferry Road upon the District? Mr. Brittas ; Certainly not. The Ordinance'did not make it compulsory o 1 the inhabitants of a district to repair any road ; and especially it never entered any one's mind to cast a main road like die Ferry road on n district; and in support uf that assertion, he migh. state that he bad proposed in the Council, .mil that the Council had voted the sum "of £2.100 for the repair of the road. The Rev. W. Willock said that the ance was objectionable because the Way-war-dens and Hate-payers could do nothing, without the permission of the Provincial Engineer. Mr. Hichens also expressed his dissatisfaction at the law on that account, maintaining lhat it was un-English. Mr. BniTTAX said he was not aware that such was the operation of the Ordinance. Mr. Willock would point out the clause. Mr. Buittas did not think that Mr. Willock could do so. Mr. Willock then read the 41st clause which is as follows :— "41. If any person shall, without the permission of the Provincial Engineer, place any building or fence, or shall dig any ditch upon any road, or shall £11 up or obstruct any ditch upon the side thereof, or shall make any drain or watercourse across or otherwise injure the road, or shall take any soil or gravel from the surface of any road, or shall in any manner whatsoever obstruct the free use of the road; every person so offending shall forfeit and pay for every such offence a sum not exceeding £10 to be recovered in a summary way; and the Provincial Engineer or the Waywarden of the district may cause any building, fence, drain, watercourse, or other encroachment or obstruction to be removed, and the espeuse of removing such encroachment or obstruction may be recovered from the person causing the same before any two Justices of the Peace in a summary way."

Mr. Brittan was at loss to discover how such a meaning as that contended for could be wrung out of that clause. So far from placing the Waywarden under the Engineer, it placed them both on an equal footing, aud made them both protectors of the highways against any mischievous or destructive person, who desired to make a wrong use of, or who would obstruct the highways. Mr. Scott, Mr. Earle, Mr. Brnnsden and others said, that there was nothing objectionable iv that clause. Mr. Willock thought he had not found the clause he meant ; and, after some search, said the clause he intended to quote was the 6th. Mr. Britt.as said that that was the luling clause ol the Ordinance, aud was the one on which the battle was fought in the Provincial Council. Mr. Willock then read the clause which runs thus: — " 6. It shall be the duty of the Way-warden to conform to, and execute the orders, resolutions,and directions of the district ratepayers in meetinoassembled, and so far as the monies in his hands from time to time applicable to the purpose may admit, to provide for the making and kecniii"- in repair of any roads and drains within his district, and of any works necessary to the maintenance and construction thereof, for which a rate or rates shall have been made by tbe ratepayers of die district, subject nevertheless to such advice aud instructions as he may from time to time receive from the Provincial Engineer.'' Mr. Beittan said that this clause h.id been much debate;! on, and an amendment to it was proposed and carried in the Provincial Council, having for its object the declaration that the main roads and drains should be Government works, and the bye-road works to be under the management of districts : that the Provincial Engineer should alone superintend the i'nvnvM; and die W;;y-Y;uden the latter, and that neither should touch or interfere with the the other. That nniendme-it the Government opposed, in tho view that though it was not intended that di.'-iricisshouid be buuienod with the repairs of main roads, yet circumstances might arise, such as the absence of the Provincial luugineer, when a repare might be requiied which the district would willingly underi.ni.-u, and which it would be for the public uut.u.t.age that it

should be allowed to do. The amendment, though carried, was withdrawn, and the law al'owed to stand in its present form. With regard to the last part of the clause, he (Mr. BJ put quite a different interpretation on it from that which Mr. Willock and Mr. Hichens attached to it. They appeared to regard it as placing the Way-wardens in complete subserviency to die Provincial Engineer. He (Mr. B.) contended that itjplaced the Provincial Engineer at the command of the Way-warden. There might arise many cases, such as ascertaining- the levels for a diain, when the Way-warden had neither the science or the instruments with which to ascertain them, and this clause enabled him to demand the assistance of that public functionary. Mr. Hichens observed that that reading of the clause had not occurred to him ; and it greatly altered his view of the bill. He thought it a pity that the words did not more clearly convey that meaning. Mr. Blakiston dissented, as we understood, from this view of the clause. Mr. Scott asked whether the Waywardens could undertake the repair of the roads iv the district without the interference of the Provincial Engineer? Mr. Brittan answered " Yes.'' The Government desired to leave the districts the freest use of their money in the repair of their roads, not being main roads. A desultory conversation ensued in which Mr. Brittan observed that he hoped that it would be understood that he had been speaking in his private capacity as a rate-payer, and in answer to questions put to him. It would be most unbecoming in him to ore tend ex-cathedra to expound the law. Mr. Brittan then called for the nomination of candidates, when the following-, persons were named—Mr. Peter Kerr, Mr. C Bridge, Mr. Stace ami Mr. Moore. Mr. Willock said he should exercise the right of naming a person at any time before 3 o'clock. Mr. Brittan said that he should not receive it. The Ordinance was defective in the part which related to the election of Way-warden, and he should be guided by analogous cases. Due notice had been given of the time and place of meeting, and he should require that every candidate should start fair. Mr. Willock would protest against such | ruling. Mr. Brittan said that he might protest. It was a matter of perfect indifference to him (Mr. B) who was elected, but as Returning Officer it was his duty to carry out the election fairly. Ii Mr. Willock had a candidate to propose, let him do it at once, and let that candidate take his chance with the others. Unless he did so he, (Mr. B.) would not accept the nomination. He would repeat his question whether any gentleman bad any other candidate to propose, and if not, the period for nomination would close. No other candidate having been named, the poll was taken and ended as follows : For Mr. Peter Reur, 25 ; Mr. Bridge, 10. At 3 o'clock the Returning Officer declared Mr. Kerr returned. A vote of thanks to the Returning- Officer was carried by acclamation, and the meeting separated.