PATEA BOROUGH COUNCIL.

Patea Mail, 9 August 1882, Page 3

PATEA BOROUGH COUNCIL.

Councillor Adams : What difference will it make if we do adopt that ? Councillor Milroy : If we do so, then we can’t alter them ; and that is what we ought to do. We give public notice, and there is then no claim for damages. I approve of fixing them now, and let us have done with them.

The monthly meeting was held on Monday evening. Present, the Mayor (in the chair), Councillors Taplin, Milroy, Gibson, Ailchlson, Howitt, Dixon, Black, and R. A. Adams. WANT OF A POUND. A legal opinion from Mr Hamerton was read to the effect that it is doubtful whether the impounding ordinance had ever been legally in force in this town before the borough was formed ; and advising that the steps prescribed under the Municipal Corporations Act be taken for erecting (or gazetting) a public pound. The adoption of the present pound would, he thought, satisfy the terms of the Act. Councillor Milroy : Some provision will have to be made for the sale of cattle impounded. Agreed to refer the matter to the Byelaws Committee. A letter from Government respecting a public slaughter-house was passed over. TREE PLANTING. The Cemetery Trustees applied for leave to put fences round trees which they propose to plant along Sootland street, leading to the Cemetery. The application was granted, subject to the removal of obstructions at any time if required. TRANSFERS OF LEASE, Council consented to transfer lease of sections 8, 9, and 10, of block 40, from W. Dale to K. C. Tennent. Application for transfer of part of paddock near Hospital (lately held by W. Williams) from T, Haywood junr. to A. Haywood, was held over till next meeting, it being doubted whether the Council can consent to transfer part of a section without annulling the whole lease. DRAINING SILT INTO RIVER. A letter from the Harbor Board requesting the Council to discontinue the drainage of silt along with storm-water at bottom of Bedford-street into the river was held over. WHOLESALE LIQUOR LICENSE. The Clerk asked for instruction on a moot point. The fee for a wholesale liquor license is now payable to this Council, and he asked whether the full fee should be charged, for part of a year from date of registry.’' There are three local merchants who sell liquors wholesale ; and as the annual period of two existing licenses will run into the current licensing year, is the applicant entitled to a remission of part of the full fee of £2O ? Councillor Milroy : It is for the applicants to ascertain their legal position. Those who sell without a license should be run in. Let them pay the full fee, and then ask for a remission if they are entitled to it. Mayor: The licensing foe has not been demanded yet. Councillor Milroy ; The bye-laws as to licensing ought to be enforced. Councillor Gibson explained that the chairman of the Licensing Bench had granted a certificate, and they now wanted to ascertain bow much of the license is payable to the Council for the current year. Councillor Black If an auctioneer takes out a license for two months, he has to pay the full fee. The same should apply here. Councillor Aitchison : Does this question mean charging £2O for a license for one month ?

Mayor : It may mean a month : it does mean part of a year.

Councillor Adams : My experience of getting legal opinions is that they go all round a question arid come back to the starting point, without giving us any light on the question. Agreed, on division, to have the point referred for a legal opinion. GRAVEL QUESTIONS. Mr R. C. Tennent wrote that the gravel pit on his property is left in a dangerous condition, and asking to have it fenced in. The damage done had been estimated at £lB 10s, and he asked 'that this amount be paid, or that a road be formed to the pit and it be properly fenced. The Mayor said these repeated demands were excessive, and that it would pay the Council better to purchase the gravel-pit. Mr Tennent had been a consenting party all through, and had no claim. Councillor Milroy said Mr Tennent had received his own price per yard for gravel, and could not also claim the cost of filling up the pit again. Mayor proposed that necessary steps be taken to acquire land for gravel. Ho said what they were paying from time to time to Mr Tennent would almost amount to ;he fee simple of the land. When the gravel was taken out of a section, the land could be otherwise dealt with by the Council. After discussion, this motion was not pressed, the Council agreeing to defer action on Mr Tennent’s letter till next meet i"gPUBLIC VEHICLES. Express drivers are to be invited to apply for licenses. DANGEROUS GOODS. The Council’s attention was called by Government to the importance of regulating the storage of kerosene and other dangerous goods/ Council seemed not disposed to interfere at present. RUBBING, Agreed, on the motion of Councillor Taplin, to complete the kerbing of footpath past the Weslcyan Church in Stafford street to the corner. REPORTS. Engineers and other routine reports were received, and will be noticed in next issue. DRAINING THE LAKE. Councillor Taplin : As it is intended to drain the Lake in the Patea Domain, as part of the drainage scheme under the loan, I wish to ask whether we as a Council have power to drain that Lake without consent of the Domain Board. Mayor-: That is a legal question of a complex character. Councillor Taplin : I have been requested, as Chairman of tbe Domain Board, to call a meeting of that body to consider whether it is desirable to have that Lake drained away. It is thought that the Lake could be made very ornamental with Walks and tree-planting round the water, for public enjoyment. The subject then dropped. THE LOAN-PUBLIC MEETING. LEVELS OR GRADES ? The Mayor said, in answer to Councillor Milroy, that he will lay before the public meeting estimates of tbe expenditure on the various loan works. Estimates will be given for each street in lump sums, inclusive of drainage. Councillor Milroy : We have really not adopted the Engineer’s report yet, nor have we adopted his levels. The question might crop up at the public meeting. .. Mayor : There is nothing in the Act about adopting levels. When the whole levels of the borough are taken, they are signed by the Engineer, he being duly appointed. Councillor Black : But who is responsible for the levels ? Mayor : If the Council chose to go on with the work, the Council are responsible for the levels. Councillor Adams : In case the levels are altered from those originally given, who is responsible then the Council or the Engineer ? Mayor : I cannot answer points of law. Councillor Adams : We have not even examined these levels. Councillor Taplm : I understand the levels have not been altered since we started the'.improvement'scheme.' The gradients are altered but not the levels. Councillor Adams : What do you call the levels if they are not gradients? Councillor Taplin : Your starting point and finishing point arc the levels of a street, and the gradients are taken from those two points. Councillor Aitchison ; You refer to the datum line.

Mayor : The public meeting can take place say on Wednesday week. We have agreed to carrry out certain works on survey details prepared by a professional man. If that does not imply that we have agreed to the levels in his plans, I don’t know what we have done. If the Council attempt to make a street before the levels of the town are taken

Councillor Milroy : That is before the map of the borough. Mayor : Is not the map of the borough the whole of the levels and gradients?

Mayor : Then let us have a resolution to that effect.

Councillor Milroy moved “That the levels as fixed by the Engineer and laid before the Council be approved of.” Councillor Taplin : Would it not be better to accept the map ? Mayor : It will be the same thing if we pass the motion. Councillor Adams seconded. Motion agreed to without dissent. The Council adjourned.