THE Pukekohe and Waiuku Times PUBLISHED TUESDAY AND FRIDAYS. TUESDAY, MAY 27, 1913. THE RECREATION GROUND

Pukekohe & Waiuku Times, Volume 2, Issue 96, 27 May 1913, Page 2

THE Pukekohe and Waiuku Times PUBLISHED TUESDAY AND FRIDAYS. TUESDAY, MAY 27, 1913.

THE RECREATION GROUND

"We nothing extenuate, nor set down aught in malice."

ABOUT THE INDEMNITY. The Borough Council have finally committed themselves to the paying over of £250, in order to enable the Lands Department to acqiire Mr Costello's property in the came of the King. It will ba rem.-inhered that the Town Lleik wrota to the Auditor General respecting this paym?i.t, and his reply slated: "The payment of loEn moneys to the Lands Department unc"er the condition eet forth by yu woili be an illegal Act, ;nl I fm then fore unable to sanc;i::n it." Borjuah Councillors are presumed to understand muricipfcl law acd their obligations under it. So far as the making of illegal payments are core? Ned sub-section 1 of section Jl4 cf the Municipal Corporal ions Act Eays: "If the Audit Office finds that rny moreys have been expended, or any liability incurrecT by any Council without the sanction of Ihe law, unless such Council h 7 s scted bona fids and under l?gal advi e, the Audit Office shall surcharge ths aimunt thereof jointly and severally upon the members of the Council who were pre ent at the meeting st fifcich the exptneiiture or the incurring of the liability was sanctioned and did cct object thereto, and shall take ail proceedings «iece?sary to recover th 3 amount cf luch expenditure or ii.ib lity ii any Court cf compete t jurisdiction as a debt due to tee Corporation."

We publish the section for fu ure guidance. In this instance (he Council agreed to pasa the payment because, in the words of the burougb solicit ir, "The Pr.ma Minister, the Under-Secretary and the C;mmhtioner of Crown Lands had undertaken to Kd'trrify the Council against any tig the AuditorGeneral might at'.tach to the balancesheet." For reasons which we need not labour, we frankly confess ours Ives unabh to b.lieve that anything of the kind will be done. And this leads us to tha purpose of this patt of this articl?, which is to sugtiest that the Lands Department, in accepting the £250, shoild agree, up n the receipt they give, to refund the money tu the Council in tha event of the Aiditor-Grncral finally de'erminhg that the payment is illegal, and in the further event of his calling upon the Major or upon any of the Councillors for its refund. We think that this protection is due to the Borough Council, who have act-;d in perfectly good faith in the matter. UNDEK WHICH ACT ? We ara weary of discussing tha question as to which wouid be the more suitabla Act under which to vest tha recreation ground. And we wculd have made no further referenc! t) the matter if it had not b en for the Mayor's declaration st the last meeting of the Borcugh Council, "that thera was n) rdvantige ur;d?r thfi Municipal Ccrpnaiions Act as to letting, and the Council wculd be na better off uicLr that act than under the Domains Act." Let us see. Ihat corner of CcstelloV, b i<;g part of thrs ricieation grouni, has b?e:i tought out-right by the Council. Let it be vested under the Muni ipal Corporations Act and the Council may (section 299) if it thinka fit fix ieasonabl: charges to be paid to the District Fund for the use of ?,ny such land, but on i the contiguous pait of tha actio" l , i \e.ttd under tha Public Res rves < and Domains Act, not only are the letting t'ays restricted to ten in j anv one ytar, but the f rice j thbt may bs charged is al3o \ limited by Lw, and in adciibn ihe determination to Ijt the land for! ten dajs hua to be advertised foity timer, We fear that people will ! say we are not self-wise in fighting j agrinjt tlrs ve;y proper pro- ; vision. —ld 1. In the eveiit of part j or all of tha giound r.ot beirg iequiied for recreation purpeses, too, there are veiy mvtteiial advantages! provided by law in favour of the j land under Vm Municipal Corpora:ions A't in fgain:t the land under the I'uLiic Reserves and Domains Act.