FRANKLIN COUNTY COUNCIL.

Pukekohe & Waiuku Times, Volume 3, Issue 194, 12 May 1914, Page 3

FRANKLIN COUNTY COUNCIL.

The May Meeting. Ths monthly meeting of the Franklin County Council waa held in the Council Chambers, Pukekohp, on Thursday last; present—Crs C. Motion, chairman, Waipipi; J. A. Renall (Awhitu), Dyne* Fulton and 11. Wilcox (Pukekohe), J. Flanagan (Uruty), K Lyon» (Mercer), G. Campbfll (Hunua), J. Henry (Maoku), R. Higginson (Waiuku). The county solicitor (Mr A. Harna) was also in attendance. MERCER MERGING.

Cr Lyons movtd, That the Mercer road district be merged into the Franklin County Council as from 31st March, 1914. . Cr Fulton seccndeJ.

Cr Wilcox said he was pleased to support the motion and was glad to know that another district had handed over its affairs to the Council. He heptd that the others would do likewise. The motion was cariied unanimously. -. COUNTY BOUNDARIES.

Tfct county solicitor referred.to the question of the proposed alteration of the boundaries between Franklin and Manukau and explained the legal process cow necessary to complete the transfer of land from one county to* another. WAIUKU BOARD OFFICE.

The Aka Aka Drainage Brard asked for the nee of the late Road Board's office at Waiuku. This office was formerly the joint property of the Waiuku and Waipipi Road Board", and it was explained that when the Waiuku Town Board came into existence it would take over this office as an asset, paying the connty fur it, of course. The uhb of the hall waa granted, the Board to pay 1b per month and keep the office in order, a week's notice on either side to terminate the agreement. MORE MONEY WANTED.

W. J. King, Waiuku, forwarded forms of application for the additional 10 per cent, on the loan of £725 for Quarry, Campbell and Barnaby roads. The extra amount was absolutely needed to compute the work and finance the existing contract?. ■

It waa . agreed to apply to the Department for the extra 10 per cent.

McNAMAKA-HANPLING ROAD. John McNamara, J. McDonald, W. Douglas, M. Harvey, W. Watson, G. Sibley, J. Harvey, 0. Ridgley, H. Harvey, J. McDonald, M. Kelly, A. Wright, W. J. Wright,W. McCarthy, A. Mickey and A. Kelly, of Awhitu riding, petitioned the county to open up tin load known as the McNamaraHenfling road which would open up the back country and give nearer access to the Waipipi creamery and post office. The cbahman, Cra Renall and Hijfginson are to view the locality and report. BOILER GULLY.

11. K. Hamilton, clerk Awbitu Road Board, wrote sayitg they had in har.d a road formation in Boiler Gully, £ for £ grant. Tbe estimate was £3B. Would the Council let them have £l9 required to complete the work? The men were now on the job. The money was granted on the motion of Cr Renall. THE AWHITU RIDING.

H. H. Hamilton, Awhitu Road Board, regretted the Council could rot comply with the request of the Board to have altered representation for Awhitu. The riding had been recently re-valued to take effect from 3lat March, 1914. The new valuation would increase the value of the riding by about 100 per cent., which would make it one cf the highest valued ridings in the county. Cr Kenall said "Nonsense." The letter was received. A WATER TROUGH. The clerk of tbe Drury Road Board wrote ab)ut several matters touching metal and pipes. A water trough had been erected by the Drury Road Board at the creamery and they asked that the Council pay half tbe cost. On Cr Flanagan's motion it was decided to pay half the cost, this charge being against Drury riding. A MANGATANGI ROAD. The district engineer wrote Baying that £l5O, not £250, was available for expenditure on Read's to Mangatangi bridge. No proposals had been submitted by the Mercer Road Board and none could be approved until the road was legalised.,- The survey plan was now with Mr P. E. Cheal, surveyor. Cr Lyons moved, That the clerk write to Mr Cheal asking for an explanation. It was not worth while laying out the work until the plans were approved. Tbe motion was carried. ABOUT SOME METAL.

J. J. Poland, of Onewhero, drew attention to the fact that the price paid for metal lrom Peacock's was 12b 6d short, or Is per yard. Cr Fulton moved that Is per yard be refunded, 6d to Mr Poland, and 6d to Mr Peacock who paid 6d per yard more than he was entitled to. A HALF-CHAIN ROAD. Hall Skelton, solicitor, asked whether the Council had taken over the road through part of allotment 32, parish of Pukekohe, leading to the property lately sold by Mr G. Nops to Mr Attwoud. Cr Wilcox said this was a halfchain read—known as Storey's—in connection with which there had been a lot of trouble in getting transfers of property. He believed it was a dedicated road. Further conversational discussion elicited the fact that the road had been in existence for 40 years and that public money had been spent on it before half-chain roads became illegal. It was decided that the clerk obtain further information. DRINKING TROUGH AND FINGER FOSTH. W. J. Jefferis, secretary of the Huckland branch of the Farmers' Union, asked that waterina be provided for animals at the Buck land railway station and on the main road in the vicinity ot the station. This would be a great benefit to settlers coming from a distance. He also asked that the Council erect finger posts on the main cross roads. Cr Wilcox said it would be a good thirg but he did not know where the water was to come from. A bore where required might be very expensive—or it might not.

Th' m tter was deferred far fut re c nsideration.

The suggestion about ihe ringer p sti was received with a chnius cf arpn' nl. Ihe chairman stid he thought this matter should be taken in hand all over the county. ("Hear, hear," from ciUDcillors).

Cr Wilcox said in some parts of his district they already had fi gerposts. Finally the engineei was instructed to deal with the question, to act in conjunction with the various members in their several ridings. UNUSED KOADS.

A. M. Smith, Tuakav, wrote saying that he noticed the Council intended selling a number of old roads, and all property upon which the rates bad rot been pa'd. Therefore he applied to have the road running through his property closed. He owned the land on both sides of the road, except one quarter a.cre section registered to Robert Ludlow (1877) and was willing to buy both the road and the section. Cr Fulton said he knew this road and did not think it was ever likely to be need. . The owner of the quarter-acre section referred to bad died some time ago. It was decided to reply saying that this road would be dealt with when the unused roads as a whole were disposed of. Cr Henry said he understood that the railway survey wai now completed and as that was the matter which hung up this question before they should now proceed with their scheme for selling these roads. A WELCOME GIFT.

Percy Bolt, Te Puiiri poultry farm, Papakura, intimated that he had fixed a water trough beside the road bear his house where there- was a permanent spring of good water. He had pleasure in presenting tbe trough to tbe Council fcr the benefit of travellers along this road.

Cr Campbell moved that the offer be accepted and that the clerk write to Mr Holt expressing the Council's appreciation of his generosity. Ihe motion was carried.

Cr Henry said he hoped this example would be an incentive to others to similar acts of generosity. GREAT SOUTH ROAD.

W. K. Cornthwaite, clerk of the Maungatawhiri Road Board, reminded the Council that a grant of £25 for the Main South road waa conditional upon the money being spent on the road adjoining the district. As only a certain amount of work had been done the Board could only see its way to pay £5. Cr Flanagan said all the Council could do was to accept the payment. Other metal was already broken and he hoped to have farther work done shortly when ihey could apply for the balance of the grant. This was agreed to. A KOAD GRANT.

F. Bigg-Wither, district engineer, wrote to the effect that with regard to the legalisation of the road Mangatangi to Smith's, although the money was voted for this road and authority to expend the giant of £IOO had been issued to this Council yet, the road having been legalised through tbe Opita block, no money could be spent on that block. Cr Campbell said it was evident there was some confusion over this grant and on bis motion the matter was left to Cr Lyons and the engineer to deal with.

ROAD BOARD'S AFFAIRS. Cr Campbell explained tbat the Hunua Road Board's affairs (where the records had been destroyed by fire) bad been adjusted as far as could possibly be done. They would remember tbat tbe eecretaiy, Mr Lockwood, bad been burnt out, and besides the books cash had also been lost. The auditor had written up the books from information available. According to the cash bonk there was a balance of £53 15s 9d apparently due from tbe clerk. But stationery and stamps for the year had only been charged at £6 3s Bd. whereas tbe average was £l2 or £l4 a year. The rate-bcok was burnt but where there was a doubt as to whether the rates had been settled Mr Lockwood was paying tbe amount out of his own pocket. These totalled £5 14s Bd, which he did not tbink Mr Lockwood should be called upon to pay because of bis misfortune. He would add to that another £6 for stamps and stationery allowance. In other cases the retiring clerks of Road Boards had been granted something and he moved that Mr Lockwood, as a slight consideration for his services for many years, be granted £5. If these tbree sums (£5, £6, and £5 14s 3d) which totalled £l6 lit 8d were taken from the £53 15s 9d that was due it would leave £37 Is Id, and he moved tbat a cheque for that amount be acceped as a final settlement.

Cr Henry seconded the motion, which was carried.

A DOMAIN. The Department of Lands and Survey said that it would be necessary to issue an Order-in Council appointing the FrankKn County Council to have control and management of the Whatapaka domain. It was decided that this Council constitute the Domain Board. A ROAD WANTED. J. H. Herrcll again aiked about opening the roads to his property. He now had the road between sections 145 and 149 surveyed and if the Council would grant the sum of £4O towards the construction of this road he would add £lO to this amount provided that the money was epent on parti of the road most beneficial to bis property. On the road between sections 406 and 407 if the Council would grant £lO he would add a further £lO whleh would make a fairly good job. Cr Renall moved that his ward contribute £ls and Waipipi £l6, the remaining settlers to be asked to bear a proportionate amount. Tbe chairman said if Mr Herrold would undertake the work better value would be got for tbe money than if the Council did it. The proposal was agreed to and the engineer was asked to meet Mr He/rold as ?uon as possible and lay off the work. With respect to the road between sections 406 acd 407 the engineer is to inspect this road and report at the next meeting. WAIUKU AWHITU KOAD. D. D. Ashwin, H. Ashworth, T. Dugdalc, J. Murray, F. Gillott, T. A. Saunders, W. Crawford, junr., T. A. Jackson, E. Adams, H. Cunnold, M. Harvey, Jas. McEwan, Levi Lever, S. P. Lever, A. McEwen, R. McEwcn, J. S. Dickey, R. Gillott, W. Webster, E. Dickey, J. T. Douglas, M. J. Dickey, Alt'. Jackson, W. A. Dickey, M. Chiplin,

W. Mi&rthy, W. Watson snd H. Fun i"fß, t)f Waipipi, wrott:—"borne twelve mouths prior lo the Wairipi Koid Boar.) merging with the 'Jou c 1 th balance of a grai.t arrounting to £276 was available for expenditure on the Waiuku-Awhitu main read. The above Board decided by resolution to spend the grant as follows:—A few chains of metalling at McGowan's pine?, that portion completed by the Board out of a loan, about. 1 chains cf metalling to connect metal loads at Waipipi cemetery and about 5 chains of metalling at what is known as Booth's bridge (that portion of the main road being quite unfit for traffic in winter). The talance cf grant was voted to J. A. Renall for use on Kohe Kohe erd. Up to the presetit the money has not been spent on the works lor which it was allocated. As these works require immediate attection we respectfully urge the Council to expend the grant on the work for whKh it was intended as rarly as possible. If metal is unavailable we recommend the Council to use broken shell, and sand as ustd on the lower end of wharf road." The chairman, smiling, said this letter brought up the old fore between himself and Cr Renell. This was a Public Works grant and no one except the Department had any jurisdiction over it. Up to the present only one proposal had been put before the Department and that work wsp being done. Cr Renall said he did not remember the resolution of the Board that was referred to in the letter and added, to the chaliman: Of course they can't get the money you grabbed. The chairman again said it was Public Works money, available fcr expenditure upon approval of any proposal. Cr Campbell (to Cr Renall): The best thing you can do is to get a proposal before the Department for the expenditure of ths balance. Cr Rerall: ibis Council has a resolution on its books as to now the money is to be vpent. The chairman moved, That the cletk write explaining that it is the Public Works Department which has jurisdiction over this grant; that £l5O had already been expended and that the balance was there for some future scheme. Cr Rensll said be would second the motion provided that, subject to the approval of the Work* Department, the money be spent from Lee's gully onwards*. ,

This resolution was carried. THOSE SUMMONSES. An application for the refund of £1 5s 7d, coEts incurred in connection with one of the recent summonses, on allotment 3, Drury, provoked some discussion. As already reported some 40 of the 217 cases recently taken against defaulters were defended and judgment wan given tor defendants in these cases because of a defect in the plaint note, the address of the plaintiff County Council not having been included. In all the. undefended cases judgment went by default and in some ot* them payment of the amount aud costs was made before the hearing in Court. Cr Flanagan said that a lot of people were in the same fix aa the owner of Allotment 3. It appeared that In Sepember last some 5 or 6 sections in Drury were sold to recover the unpaid rates owing to Karaka Road Board. The names of the purchasers had not been put on the County Council rate took and the first thing they knew about the overdue rates waa the summons and being mulct in 25s costs. These people thought they had been badly treated and so did he. If the Council could remit the Court costs it would be acceptable; the people did not mind paving the rates. He thought the Council was rather responsible in this way, that if a little mora trouble tad been taken they could have discovered the ownership. Mr Hanna, courty solicitor, said the County Clerk was handicapped in not getting the information about the transfers. He had had letters and rate demands returned through the dead letter office. The only other thing that could have been done was to make a search of the title, but that was costly and could uot be expected. When the land was bought at Drury it was for the buyers to pay the rates that accrued thereafter and it was for them to see that the rates due up to the time of the purchase were paid. He thought it would be a bad precedent to remit.

Cr Flanagan said the sections had sold at high prices.

The chairman: Then tbe rates should have been paid from tbe proceeds up to the time of the transfer.

The matter was deferred until further impending settlements are completed. The chairman aeked Mr Hanna to read a circular letter sent out by Mr J. C. Dromgool, solicitor, with reference to the cases defended in court.

Mr Hanna explained that he had had nothing whatever to do with the inception of tru summonses. The first time he was consulted was when the arrangements were to be made for tbe substituted service of summons. At that time the plaint notes had been prepared. The plaint notes were the foundation of the whcls action and these were made out without the address of the plaintiff attached. However, that mistake might easily have been made because anybody might suppose that the Franklin County Council would sufficiently describe tbe plaintiffs as their location of office was easily obtainable. He (Mr Hanna) appeared at the hearing of the summonses because it had been said that some or them would be defended. Mr Dromgool claimed to be actirg for a whole lot of people and raised tbe question of the omission of tbe addresses, which defect was held to be fatal. The chairman said they had bought their experience and in future it would ba tar better to hand these matters over to their solicitors.

Cr Fulton said he was glad to hear Mr Hanna's statement because Mr Dromgool had made a public statement before a Commission in Tuakau that Mr Hanna through a mistake had run this Council into £4O or £SO. Mr Hanna: If he said that it was a deliberate lie, because Mr Dromgcol knew the facto. ACCIDENT INSURANCE. Amongst the accounts to be passed for payment was one of £llO ror accident insurance. At first blush this appeared to be a big sum, but Cr Lyons explained that it was for two years. When they had 16 road districts it wad possible that the accident insurance cost on an average £6 apiece.

The chairman said they had thought of establishing an insurance fund of their own, but as it was a v.ry knotty i rnblem they decided to leave it

QUARRItiS. Cr Campbell asked the solicitor whether thii Council had a rii<nt to enter upon quarries owned or used by Road Boards within the county. Mr Hanna: N", except with the consent of the Board in whom the quarry was vested. Cr Fulton asked: Has the County Council power to go into a quarry on private land by paying so much royalty for ths stooe they take? Mr Hanna: No; unlecs they take it under the Public Works Acr.

Cr Lyo:s, in view of the Mercer Road Board merging, moved, That the cletk write to the Mercer Stone Cruthing Co. asking when the Council could get metal ar.d in what quantities. It was said that the Council would now take over tbe privileges of the Board in regard to the quarry. TUAKAU TOWN DISTRICT. %

Cr Fulton moved, That the matter be left in the hsnds of the county solicitor to prepare an Order-h-Council from the Governor to have the town district of Tuakau excluded from the rating operations of the Connty Council. The chairman seconded. As the present population was not sufficient to get clear of the county in the ordinary coursa he thought a special order should b2 got. It would be better for the Town Board to manage its own affairs and to control its own main road. The motion was carried. AWHIIU. On Cr Renail's motioi it was decided to wiite to the cletk of the Awhitu Road Board asking him to furnish a list of the names of ratepayers and properties in that distri.t in order to determine what proportion of the rates collected should be returned. Several miror matters were dealt with. __