BOROUGH COUNCIL.

Patea Mail, Volume VIII, Issue 969, 8 December 1882, Page 2

BOROUGH COUNCIL.

An adjourned meeting was 1 1 el cl last evening, Present His Worship the Mayor, and {Councillors Mahony, Gibson, Dixon, Adams, McCarthy, Aitcheson and Barton. CO U RESPON D EN C E. A letter was read from the Sinking Fund Commission re loan, and stating that a shilling rate would have to he struck as security. Mr Eyton, Returning Officer, wrote, notifying that Mr E. L. Barton hsul been elected councillor, vice Mr J. Milroy, resigned. Tine COUNTY COUNCIL DEBT. At the request of the Mayor the Clerk read draft of a letter he proposed to forward to the County Council, demanding payment of the amount due to the borough forthwith. The Mayor said that the matter had been held over in the County Council from time to time, and their last letter had not even been acknowledged. He did not consider that either business-like or courteous. By r an error £l2O of Borough Council money had been paid to the County, and it had taken them four months to get that. The present sum was agreed to at a conference last January, and was much in favor of the County, and he was of opinion that a demand should be made and followed up. There was £6l due altogether. Councillor Aitchison thought it was the proper course to take. He asked if the Council had- acknowledged their liability . n any way. The Mayor • replied in the affirmative. They had promised to pay when in funds, and they had been able to find £6O for .summonses ; so he thought they should pay their liabilities to the Bank. The draft of the letter was approved. FINANCIAL. The Mayor said that it would be necessary to pass a resolution authorising him to sign cheques. As Mayor he bad signed since the resignation of. Cr Milroy 7 , and had arranged with the Borough. Cr Dixon moved, Cr Gibson seconded; and it was carried, “ That His Worship the Mayor, G. F. Sherwood, be authorised to sign all cheques in place of Cr Milroy resigned.” Another resolution was also carried as follows : Proposed by Cr Mahony, seconded by Cr Adams, “ That the action of the Mayor in signing cheques since the resignation of Mr Milroy be confirmed.” COUNCIL BUILDINGS. 1 The Mayor reported that the Committee ; appointed to examine the competitive plans had met. and decided to adopt that bearing the motto " Leo.” The plan was examined by Councillors, = and. the report adopted. EAEEEUE BE A ED. Cr Dixon moved ” That a special raeet- , ing of the Council be called at an early day to elect a member of the Harbour . Board vice Mr Aitcheson resigned.” I Seconded by Cr Gibson and carried. SURVEYS AND SETTLEMENT. The letter received from the chairman of a public meeting at Opunake came up for discussion. Cr Aitcheson asked if there was any grievance that existed in common with Opunake. The Mayor thought there was. They were interested in settlement being pushed on vigorously and that was not being done at present. If the district suffered, the Borough suffered also. Cr Dixon asked if any good' would result to Opunake if a public meeting were held here. The Mayor thought that pressure should be brought to bear on the Government to push on settlement It was a miserable attempt they were making, and we had as much or more interest than any town in Hew Zealand in the progress of settlement up the Coast Our grievances ought to be carried in but be would defer to those who had greater interest in the place than they gave him credit for having. (At this stage Grs McCarthy and Barton arrived. The latter, having made the declaration, took his seat.) Cr Gibson thought it was unnecessary to hold a public meeting. The people at Manaia and Hawera seemed satisfied, and he did not think we could do any good by ourselves. Cr McCarthy reminded Cr Gibson that a month ago ho was in favour of a publia meeting - . The Mayor remarked that the letter first came before the Council on Nov. 23. He would like to ask what had the Government ever done without asking. Had they’- constructed the railway, or roads, or the harbour works. The only thing they had done was to pass the Patea Harbour Board bill of 1882, and that was simply to indemnify the Chairman against an illegal act. Some people here seemed afraid of offending the Government, but ho considered that if that spirit became general it would mean political death to Patea, instead of political life, as it should be. It was not the supporters of the Government who had done the good for Patea. Cr Aitcheson hardly thought the people were afraid to ask for their rights. It was a puzzle to him to know who were Government supporters. He for one was willing to assist at a public meeting. After a few further remarks the subject dropped. • A FENCING QUESTION. Cr Adams moved “ That the Public Works committee be authorised tore-erect Mr Williams’ fence destroyed by the Council’s- spoil.”. Cr McCarthy seconded. Or Adams in moving the above said that it appeared to him as all the other fences had been re-erected by the Council the least they could do was to make no exception in this case. They ought to have taken up the fence instead of burying it.

Cr Gibson : Is it the duty of the Council, the Engineer, or contractor to give notice to persons whose property 7 would ho interfered with ? The Mayor considered that it was the duty of tiie Council, and ho had given instruction to (bo Engineer to send the notices. Cr Gibson said that some months ago the Council decided that any roads about to lie constructed should be taken to their full width without respect of persons, and that they would have to protect their own property. The argument now brought forward was that because this was borough property the borough should protect it, so* that if the next section was a freehold and required protection, the owner would have to do it. He called that making fish of one and flesh of another. The Engineer bad completely deceived them at last meeting as to the work, and be considered him greatly to blame in burying the fence. It should he an instruction to him to have it removed and re-erected. The Mayor explained that the case mentioned by 7 Cr Gibson was totally different to the present one. A cutting was being made through Victoria street, and he told them to cut to the full width and to remove any obstructions. The present was a case of filling, that was a very 7 different matter. Cr Barton thought that if they covered up a man’s fence they were liable to make it good. Otherwise they might bury his house. He said it would be well if 4 provision were made in future for this sort of thing. Cr McCarthy 7 said there were two feet not cut into Captain Wray’s land. On the other side the street was 18 inches into his (McCarthy’s) property 7 , Themotion was ultimately carried. Cr Aitcheson moved that Mr Wright be informed that . his design for Borough offices has been accepted by the Council on the terms and conditions supplied to competitors, and that he be asked his terms for superintending the work of erection.” Carried. THE LOAN AND THE BATE, Cr Gibson asked what action re the letter of the Sinking Fund Commissioners was necessary. The Mayor said there was a good deal to do. Cr Adams asked if any legal opinion had been taken. Hejquestioned if they had the power to raise the rate from 6d to Is, without referring to the ratepayers. Cr Gibson moved .that a special rate of one shilling be made to provide tbs interest for the loan. Cr Dixon seconded. Cr Barton said that the rale was advertised to be a sixpenny one ; and that would have to be struck first. They could then amend it as provided in the Act, if necessary 7 . The Mayor thought the situation a complex one. It would be time enough to amend the rate when it was found that they had not revenue enough. He must say that, with regard to this loan, the Council had behaved in a most unbusinesslike manner all through. Cr McCarthy : Because we did not send y r ou to Wellington. The Mayor : That may be your opinion. When, sir, I want to go to Wellington, I can find my way there myself. My visits to Wellington have not been profitable to myself, as Cr McCarthy knows very well. [Cr McCarthy : Yes, that is so.] My contention was that an effort should be made in Wellington to get the money from the Government, and if that failed then the loan should have been placed upon tln^^ 7 open market. And, in my opinion, the head of the local body should have been the. proper person to have done it, I believe that the passing of the resolution would, be an illegal act, and I cannot allow that to be done. We have waited so long that no harm can result from a little further delay, as we should have a legal opinion. I have therefore to rule, and it is the first time I have done it, that this is “ extraordinary business ” within the meaning of the. Act. . Cr Aitcheson : Yes, it is, in reality. The Mayor : The Act says it is extraordinary business, and I have no alternative but to rule it so. —His Worship then read the clause of the Act, which showed that a special order was necessary to make such a rate. Cr Aitcheson : Is the rate to' be hung up for six weeks ? Cx Dixon : It is a legal quibble. The Mayor : Legal quibble 1 Come Or Dixon let us have it out straight. Cr Dixon : We can amend the rate. Cr Barton : You have no rate to amend. The Mayor stopped further discussion by putting the question that the Council adjourn, which was carried on the voices. Special Meeting. A special meeting was then held, and on the motion of the Mayor, seconded by Cr Adams, it was resolved “ That the Bylaws from clause 157 to 206 as adopted be now confirmed, and that they come into force on the 11th day of December, 1882.” ' '-This was all the business.