Patea Town Board.

Patea Mail, 7 September 1881, Page 2

Patea Town Board.

The monthly meeting ot (he Board was held on Monday evening. Present, Messrs Milroy (in the chair), Aitchison, Howitt, Dixon, Sherwood, and Adams. TRANSFER OF LEASE. Board sanctioned transfer of sub-lease of part of section 4, block'4o, from Mr Dale toJMr F. Searling. HOSPITAL ROAD. OPPOSITION AGAIN. Notice had been received from Wellington enclosing copy of petition to Governor from County Council, praying him not to sanction the proposed road past front of Hospital. The allegations in the petition, which was signed by Mr Dale on behalf of Council, are already familiar to the public. Mr Sherwood moved that a committee be appointed, consisting of Messrs Aitchison, Dixon, and the mover, to prepare a reply to the petition of the County Council, and forward the same to his Excellency the Governor. He said : This is a matter that has been before the Board in various forms for nearly 12 months. The Board decided to continue a road past the Hospital, the length being about three chains; and in accordance with the Public Works Act a notice was given so that any objection might be made. The objection was heard, and in terms of the 241h and 25th clauses of the Act this Board decided that the objections wfere not of sufficient public importance to warrant the keeping of that road closed. I cannot find anything in the Act allowing an appeal ; and I was much surprised to hear the Chairman of the Council inform the Council that he had taken the petition to Wellington, and that the Colonial Secretary had promised it should receive consideration. I do not see anything in the Act authoris-. ing such a jourse to be taken ; but I do know that a right of petition is open to all local bodies and individuals. In this particular case no such thing is pointed out in the Act. It is clear that extraordinary means outside of the Act are being adopted in this case. I was still more surprised to find that material allegations contained in this petition, if not absolutely false, were very misleading ; so much so that I am satisfied if the members of the Council knew the circumstances connected with this petition, they would not have allowed the County seal to be put upon it, nor have allowed the Chairman to act in that manner. The petition states that the road is not necessary. The Town Board has said it is necessary. The next allegation Is that there is a better road laid off through sections 32 and 33. Now this petition was sent to Wellington on the 12th July last, and the property here alleged to be laid off as a road had been sold by Mr Dale, who I understand to be the nominal owner, to Mr Read, who had taken every precaution to make it private propert3 r by sinking a well on the supposed line of road, and reserving the piece specially to prevent a road being made through it. These are facts within the knowledge of the gentleman who signs this petition. It is a fact that this socalled road is only a lane 33 feet wide ; and it is also a fact that the lane has not been proclaimed a road—no portion of it, except that laid off originally by the Government, and that it- is outside the jurisdiction of this Board, lying outside the town boundary. This Board could take no action to open a ro«d there, because it is outside the Board’s jurisdiction. I recognise in this an attempt to entirely nullify the action of local bodies. Here we have an Act which says we are to take a certain course. We have received no notice from Government as to whether they intend to give effect to that petition against the road, but we have it that the Chairman of the Council had been promised by the Colonial Secretary that it should receive consideration. These reasons may have been given to the Colonial Secretary, and strengthened possibly by a personal explanation this petition ; and he may think fit on these grounds entirely to ignore the unanimous wish of a representative body, the Town Board, within whose jurisdiction the property is situated I think it is time a thorough stand should be made against this. It appears to me there is an attempt now to ignore the functions of all the local bodies in the County, from one end to the other. It seems their actions are to be neutralised, and their ground is cut away, because a private interview in Wellington is to upset whatever they maydo. The Board have expended already some considerable sum on this proposed road ; and the material allegations in this petition, as you know, are not correct. It is not correct to say the Hospital door is

within 30 feet of the centre of the road. It may be correct to say this road is laid off, but that is misleading. Then on the ground of tree-planting, which is very desirable, it is well known that tiie whole Hospital reserve contains seven acres : because it was proposed to take about a quarter of an acre for a road past the Hospital, the objection is raised that this portion is wanted for tree-planting, when in fact not a single tree has been planted on the whole reserve. We have a right to conclude therefore that is not a real but an imaginary allegation. I think we should at once repel any Interference with the legitimate functions of this Board, no matter from what quarter. Had the members of the Council known the exact position of this affair, they would not have allowed that petition to go before the Government as representing the County Council. Chairman : I will second this. I see in this a precedent which I should like to see solved. I do riot see anything in the Act whereby the County Council are allowed now to forward such a petition. I believe before it -went the Chairman of the Council took precaution to ask whether it would be received, and he was informed that it would be received, from the representations then made. I am of opinion that the petition which was sent to the Governor ought to have been sent to this Board, and if the Government wished to have a copy of it, the Board could have sent a copy. That was the proper course to have taken, and not to have gone outside this Board, as the County Chairman seems to have done. The motion for a committee to answer the petition was carried unanimously. THE MUNICIPALITY. Mr Sherwood, in answer to the chairman, said : The municipality stands in this position. Telegrams before the Board show that certain small mistakes of detail had to be rectified in the petition and declaration. The last telegram shows that every detail is right now, and the proclamation will issue in two months from August Bth—say one month from this date —if no counter petition sighed by an equal or greater number be presented. We know there are not enough householders in the place to sign a counter petition. CLAIM FOB DAMAGE. WHAT DOES XT MEAN f Mr Shenvood : Have you received any intimation of an action pending against this Board for damages in respect of damming up some water ? Chairman : I have seen nothing further than the letter from Mr Dale. It was ordered to lie on the table. Does anyone wish to move in it ? Mr Sherwood : I move that in the event of Mr Dale taking action against the Board for certain alleged damages to his property, the chairman be asked to take steps to defend the Board. It can do no harm to have that express authority. I cannot imagine that a gentlemen of MiDale’s position would demand £SO from this Board unleas he considered he had good ground for action, Mr Aitchison : I should prefer to see Ids letter left on the table without further notice, unless the mover has some reason to think there will be action taken on it. The thing is so absurd that I rather think no action will be taken. Mr Taplin : The motion can do no harm. I will second it. Mr Adams : I have been over the ground, and do not see that Mr Dale has any claim against this Board. He has made a mistake of some sort, and he means somebody to pay foi r it. I don’t think the Board is going to pay for this mistake. That piece of ground has always been under water in the winter. I have been over the ground many times befoie a house was on it. Some of those swamps are wet until about July. Mr Aitchison : The place is simply an ■ old lagoon. Mr Dixon : He is taking Wood’s claim as a precedent. In the event of that drain being continued from the street at the back, it would make a difference to his property. I do not think be has any intention of an action at present. Mr Adams: Perhaps if Mr Dale’s epistle were read again, it would give us a little amusement and some information to Mr Dixon. Chairman : Whether that street is public property or not, that drain was never made by this Board, although he says it was. Mr Adams : If we undertake to drain everybody’s swamp in the town, we might do Mr Dale’s. ; Mr Howitt : If that drain belongs to

the Board, it seems to me it would be a very small matter to clean it out. Chairman : Suppose tint drain was cleaned out, it would not affect his property one bit, because the drain running from M’Carthy’s towards Victoria street is lower considerably than his property. The drain between M’Carthy’s and Mr Dale’s property is more filled up than the other drain. Mr Sherwood : Our position is this. If the Board does not, within 60 days after receiving this claim, give notice that it disputes the claim or does not allow it } then he can take such claim before the Supremo Court and get a judgment for the amount, and the Court could in that case award the amount claimed without any question as to the propriety of the claim* Clause 38 in the Public Works Act ’76 makes it clear that he can do this, provided we do not give him notice before the 60 days that his claim is not recognised. I fake it that his claim is put in with the expectation that we shall take no notice of it, hut let it lie on the table. Then at the end of the 60 days he can apply for a judgment against this Board for an undisputed claim. When this motion is carried, authorising the Chairman to defend the claim, I will move a further motion. Motion adopted unanimously. Mr Sherwood : I now move that this,. Board declines to recognise the claim made by Mr Dale for a sum of £49 19s lid, or any portion thereof, for alleged damages to allotment 5, section 16, block 43 ; and that notice be given to him to that effect. That will stop Mr Dale from getting his £SO in another 30 days. Mr Aitchison : I second that, and in doing so I must acknowledge my thanks to Mr Sherwood for pointing out that clause in the Act. I should never have thought that such a clause would be inserted in any Act ; but there it is, and we must comply with it, or pay our money, I suppose. Chairman said that another clause provides that no compensation in respect of damage done six months after the execution of work from which such damage arises, shall be entertained. This drain was made much more than six months before this claim appeared, even supposing the Board had made this drain. Mr Aitchison : That does not cancel the other clause read by Mr Sherwood. Mr Sherwood : We give him notice that we do not admit his claim, and then he can bring his action into Court on its merits. If wc pass this resolution and give him notice, he is barred from getting judgment entered against us by a lapsus on our part. Motion carried unanimously. TREE PLANTING. Mr Sherwood, in reply to Mr Adams, said the Tree Planting Committee had planted streets leading to the Domain, and had worked on Laird’s schedule prices as contracted for with other local bodies. About 500 trees were planted for about £4 ; the fencing being £7 4s Bd. The vote of the Board for planting and fencing was £ls, and the sum spent was £ll 10s. Mr Adams complained that, as one of the Committee, he had not been consulted, and objected that the trees were not planted each within a triangular fence as an experiment for future planting in public streets, Mr Sherwood explained that Mr Adams was consulted, but his plan was found too expensive ; for only some 30 trees could have been planted and fenced separately for the £ls, as compared with 500 put in for £ll 10. Mr Adams : Nonsense. Mr Sherwood said the estimate received was so high that the other members of Committee decided against it. Mr Dixon said he and Mr Sherwood got an estimate from Mr Laird, who said the price for fencing large quantities in Wanganui was 4s to 6s each. Chairman : I gave my vote for an experiment on the triangular system. There are about 60 of the pines dead, and some action should be taken to replace them. Mr Adams : There are a lot of dwarf pines, which are too small for street planting. Mr Aitchison : The blanks should be filled up with the money unexpended. Mr Sherwood; The trees" that have failed will be replaced by Mr Laird. He sent up far more than were specified, and of course all were putin rather than throw them away. WORKS REPOT. The Committee reported that day labor during the month had cost £3 19s, clearing drain in Middlesex-street, also filling and levelling footpath in Egmont-street.

The contract for kerbing had been completed satisfactorily*, witli an extension of two chains kerbing in Oxford-street. Two loads of gravel were all the Committee could procure from the Green Island pit, the railway contractors requiring all at present. Repairing of gravel in Yorkstreet required immediate attention. Report adopted. ACCOUNTS. Accounts passed for paynnent :—York and Cornfoot, timber, £5 4s 8d ; G. D. Hamcrton, £2 13s 6d ; Tregear, surveying, £3 4s 6d ; J. E. Keys, 17s 6d ; labor, O’Mera, £3 3s ; office rent and expenses, £5 2s; labor, Tonkin, 16s; McKinnon & Montgomery, kerbing footpath, £7O 7s 6d. Board adjourned.