Patea Town Board.

Patea Mail, 10 February 1881, Page 3

Patea Town Board.

PROCLAIMING A MUNICIPALITY. LIVELY DISCUSSIONS. The monthly meeting of this Board was held on Monday evening. Present : Messrs Milroy (in the chair), Aitchison, Howitt, Dixon, Sherwood, and Adams. WORKS COMMITTEE. The monthly report stated that 14 days 5 hours day labor had been employed in putting in drain pipes in Victoria and Middlesex-streets ; also cutting, clearing, and levelling footpath in Middlesex-street, from Oxford-street to Rutland-street; also man and dray employed carting material to cover pipes in Victoria-street. The formation of Meredith-street has been completed, but the contractor has been delayed with the kerbing for want of timber, otherwise the whole would have been completed. The committee recommend that four chains of Meredith-street be gravelled, commencing at Taranakiroad. The committee find York-street out of repair, and reccommend that the grade opposite the upper wharf be slightly altered, and that the whole length of street be re-gravelled to an average depth of five inches. Re Mercer’s sections, the committee recommend that Block 5 be offered as building sections by public auction, terms and upset price to be fixed by the Board ; and that Block 9, formerly leased as a paddock, be leased in building sites in two blocks for 21 years, and that half valuation be allowed on all approved buildings erected thereon of the value of £l5O and upwards, the Board to fix the upset price. The report was adopted, and the upset prices to above sections were fixed. PROCLAIMING STREETS. A legal opinion from Mr Hamer ton, solicitor, was read showing the status of the Board in relation to land acquired under deed of gift, such land having been given for a public road. Mr Hamerton’s opinion was ; in substance, that the Board had the same rights and powers in dealing with such land as it has in relation to land acquired in any other way. The question of proclaiming such land as public roads, before public money can be legally spent on them, was not dealt with directly in the “ opinion.” It appeared to be Mr Hamerton’s opinion that land conveyed to the Board is not subject to the provisions of “ The Public Works Act, 1876.” Mr Sherwood said : Notwithstanding that legal opinion, I must maintain that it is the plain duty of this Board to follow the instructions of the Public Works Act. Here we have the evidence of our own plain common sense as to what should be done in taking over private roads ; yet the evidence of the custom of Local Boards in this district is to be set aside because in that legal opinion the Public Works Act does not aim at Road Boards at all. I beg to move “ That the necessary action be at once taken to have Meredith-street and Derby-street proclaimed public roads.” I still maintain that until we have gazetted these roads according to the Public Works Act, we have no business spending the ratepayers’ money there. All the lawyers in Christendom cannot over-ride the plain meaning of that Act. A case came into this Court on one of these streets, and it was thrown out because the street had not been gazetted. Now it is contended that a man may put a road of any dimensions through his land, and call on the Town Board to take it over. Chairman : I would point out the difference between land granted for a road and land required to be taken. Here we have land given us. That is entirely different from the Act. There is no clause in the Act that deals with land that has been given. The motion not being seconded, Mr Sherwood said : Then take it as a notice of motion for next meeting. TRANSFERS OF LEASES. The Board sanctioned the following transfers of leases : From W. Dale to E. C. Horner, part of section 10, block 40 ; from H. I. Jones to H. Goodacre, part of section 3, block 40 ; from H. I. Jones to W. Dixon, pari of section 1, block 40 ; from F. Searling to H. Goodacre, part of section 3, block 40 ; from R, A. Adams to F. M. Chapman, part of section 20, block 40 ; also transfer of sub-lease of part of section 8, block 40, from trustees of W. D. Shaw to Thomas Parnell. Chairman : There should be a charge of 10s 6d for the opinion of a solicitor in examining title, for I am afraid these sections will get so complicated with subleases and transfers that the Board will not know whom they belong to.