COOK COUNTY COUNCIL.

Poverty Bay Standard, Volume I, Issue 106, 15 April 1884, Page 2

COOK COUNTY COUNCIL.

The ordinary monthly meeting of the County Council was held on Thursday night. Present: Councillors W. K. Chambers (in the Chair), Gannon, Stewart, Johnson, Westrup and Clark. The minutes of the previous meeting were read and confirmed. The Clerk then read the outgoing correspondence, none of which was of any importance or called for comment, except the communication to the Mayor and Borough Council re the proposed railway. incoming correspondence. From Mr, Roe, offering to take over the Pakirikiri ferry, repair the approaches and put everything in order, and work the same for one year, provided he was allowed all ferry dues for that period' Cr. Johnson proposed “ That Mr. Roe's offer be accepted.” He had no doubt but what the punt would pay if properly worked, and ought to be worth £4O or £SO a year to the Council. Cr. Clark seconded this motion. Cr. Westrupp thought the Council should be very careful what it done in this matter. If the Engineer would see that the ferry was properly worked he would agree to Cr, Johnson’s motion. The motion was agreed to. MANGAHIA RATES. Mr. DeLantour now attended on behalf of the N.Z.L.S. Co. in order to address the Board against the decision of the County Solicitor re rating of Mangahia. It will be remembered that Mr. McFarlane, the occupier, had made an objection to being rated for the said block on the g: ound that he was not a quarterly tenant of the Land Company’s, and therefore not liable for rates. The question had bean referred to the County Solicitor, who supported the objection. In addressing the Council Mr. DeLautour said:—lt seemed somewhat strange that in a simple dispute between two ratepayers the Board saonld take the opinion of their Solicitor. Take for example the case of any Supreme Court. What would be thought if the Crown Solicitors opinion was taken as a decision in any case. He came there as before a court, but if they took the decision of their solicitor—which was virtually that of his opponent—it was quite useless arguing the point. He thought they should decide the matter themselves. The chairman could not agree with this. They had Acts of Parliament before them, and had simply asked their Solicitor to read and construe them for the Council. Cr. - Johnson said Mr. DeLautour might be right in one sense, but only the Council had a right to take the legal opinion of their Solicitor in any case of difficulty. Mr. DeLautour said he did not want to hammer at a dead wall. He only wanted the Council to decide according to its own opinion. Mr. McFarlane’s term may be terminated by a three months’ notice, therefore it is urged by the Council that he is not a tenant certain for three months. Where the tenancy was fixed in the lease it was a tenancy for the term which was made. That was the law. He here illustrated, by quoting from authority, what a term “ uncertain” was. The Chairman said this is not for a term of years,—not even for a year.’ Mr. DeLautour : It is a yearly tenancy. It pays rates six months in advance, and at any moment it might terminate by his death. If we have sold to Mr. McFarlane we have the

v sgg= " —— —i—right to terminate it by a three-mouths’ notice. Cr. Gannon said it was a term for a year. Cr. Johnston asked if supposing they wished to dispose of that land within say three months, would Mr. McFarlane be liable, or before the end of the six months, would that rent be restored to him. Mr. DeLautour replied that he was entitled to a pro rata reduction. Supposing on the day he entered they gave him notice, that notice could not take effect until he had been in possession three months, then he would be entitled to three months rent. The Chairman here read Mr. Brassey's 1 etter on the matter, and said that his opinion was that the company were liable to pay the rate, and not Mr. McFarlane. Mr. DeLautour said the whole matter lay in the question as to whether the term of lease was certain or not. They had to give three months notice. The Chairman asked if a great injury would not be done if they sued for the rates and recovered them from Mr. McFarlane. Mr. DeLautour replied that he could again recover from the company. After a few more remarks he took his departure. Cr. Johnson proposed that they go by the BOlidtor’s decision. This was agreed to. The ordinary business of the Council was then proceeded with. From Mr. Newman re overcharge of £1 2s. 6d. for rates. Agreed to write that the Council could not act in the matter. From Mr. King stating that the cutting on the side of the Taruheru Bridge had been fenced off by Mr. Trimmer, on account of which there was no way of getting to the flat. It was decided that no steps be taken. From M. McDonald stating he would take £25 as compensation for the acre of land required for the Repon gaere Road. Offer accepted. From R. R. Curtis, applying to remove slaughter-house from town to Ormond. Application granted. From the Survey Department, re the road from Tologa to Wairu Bay, stating that it could not be surveyed at present. The Chairman said it was only another instance of the Governments scantiness, and they must abide by it. From W. L. Williams, re the Cemetery, soliciting the Council’s co-operation in drain, ing the same. Agreed to have the work done. FINANCE COMMITTEE. Cr. Johnston said there was no quorum of the Finance Committee at the last meeting, therefore none was held. Thev had a satisfactory report to make when they did meet. He proposed that the £25 rate on the £I,OOO loan under the Roads and Bridge’s Construction Act be not paid out of the general rate, and shall not be collected from the ratepayers. Seconded by Cr. Stewart and carried. The following Councillors were named to address the ratepayers on the special rate for £I,OOO loan under the Roads and Bridges Construction Act: Johnston, Te Arai; Gannon, Waimata; Weston and Westrup, Makaraka; Ferris, Ormond; Chambers, Waikohu; Stewart, Tologa Bay ; and Milner, Waiapu. Payments were passed to the amount of £1,662 12s. 9d. TENDERS. Mangatu Road—M. Boland, £lls (ac cepted) ; M. McLeod, £147; McLyndon, £187; D. A. McLeod, 198 ; O’Dwyer, £165. Gisborne-Wairoa Road—J. Healy and Conway, £lB (accepted); A. Stevens, £3B; Crail, £l9 17s. 6d. RANGER AND RETURNING OFFICER. Thirty applications for ranger were received, but were not opened until next Thursday. Mr. Ratcliffe was appointed Rating Officer under the Roads and Bridges Construction Act, and Mr. C. C. Lambert Returning Officer for the Waikohu Riding. NOTICES OF MOTION. Cr. Steward gave notice that he would > move at next meeting “ That the Council take into consideration the advisability of adjusting the representation of Tologa Riding.” Cr. Johnson—“ That the special rate on the first loan shall be paid out of the general rates, and not specially collected for the ensuing year.”