PAPAKURA.

Pukekohe & Waiuku Times, Volume 6, Issue 316, 5 October 1917, Page 1

PAPAKURA.

NIGHT SOIL REMOVAL

A RIBISTER FINED

A case which excited a good deal of local interest in connection with the carrying out of the Papakura Town Board's sanitary by-laws was heard at the Magistrate's Court, Papakura, last Monday, before Mr F. Y. Frazer, S..VI , the public portion of the Court being crowded. The prosecution was undertaken by the Town Board as a test action, James Hampton, builder, Papakura, being summoned for that on the 10 h September last he failed to allow the sanitary contractor, being a person appointed by the Papakura Town Board, to enter his premises at Park Road for the purpose of effecting the removal of night soil. Mr J. Stanton appeared for the Town Board and the defendant, who was represented by Mr H G. R. 41 asou, pleaded not guilty. Counsel for the prosecution intimated that the charge was laid under Sections 11 and 12 of the Papakura by-laws. Defendant had locked h:s outhouse contrary to the ty-law, which gave the Board power of entry by the contractor for the purpose of removing night soil. Continuing, counsel said in March last the Town Board entered into a contract with Mr Herbert James Hawkins ucder which the contractor uudeitook to remove night soil. Hawkins attended weekly at defendant's house and on the third occasion found that a chain had been put on the door, which was secured by a patont lock. The Board was notified of the facts and a notice was sent tha r - the contractor would call on a certain day (16; h September',. This the contracor did but the place was still locked.

11. W Gassier, clerk to the Town Board, gave evidence corroborating counsel's statements

By the Magistiatfe : He thought del'oudaut did not object totheseivice so much as to the contractor Mr Mason: Is it not notorious that the contractor has been irregular.—Yes, there have been complaint?.

Herbert James Hawkins, sanitary contractor, gave evidence as to finding the outhouse referred to locked up No complaint, he said, had been made by defendaut to him. Only once had witness missed calling, that occasion bting when his hirsts had got out and he was cols; ijuently unable to carry out his wo k. Kobert M. Gillespie, Chainmn of the Town Board, deposed that wlieu the Board was elected in September of last year the sanitary service was one of tha planks of the successful candidates' platform. Continuing, the witness said the Board had received three complaints as to the irregularities on the part of the contractor but these were rectified. There had been no complaints of un-deanlinoi-s. The service was properly carried out Afrked by Mr Mason if he had of a petition that was in circulation calling for the resignation of the Board Mr Gillespie replied in the affirmative, but added that it was a case of the Eatepayers' Association v. the Town Board. All those who had given tr< üble were members of the Association and their supporters but most trouble was caused by the defeated candidate*, of whom the defendant was one. Mr Mason : That is unfair. The Magistrate: It goes to show motive. FurtheT questioned by Mr Mason, witness stated that there was some feeling over the election, which was the first source of the whole trouble. This concluded the cas9 for the prosecution. 'J he defendant, giving evidence on his own behalf, said his chief complaint was that having himself pro-

vided a suitable apparatus he object- < d to the contractor entering his pr-mi*es Va the 16th September witness waited up until 1 a m but did not see tho contractor. He was not aware of any trouble whatever over tue last <>ltction. Cross-examined: He did not at the last election advocate a sanitary .-civice Un tho first occasion when i he contractu ■ calle 1 lie damaged the li'tings. Mr Mason intimated that the rpie-ti >ii ]o,«lv-d itself into ■ efficient removal ' Tim M:»givitiatH pointed out that if a C'intricior did in* woik lueiiicionly any jxr.-oii might prosecute liiin His Worship, in summing up, sai I thelM sir ni-.l to ho it i! s;.ii c i>--; '.•. 11;n the contractor ami sum'' iv.-.i lenis as ii.< wht-tli' i hn caileil 'ii i!i • lii :. S.'j.t inlier in il whether hj» < ii.ioij a T I liilli'iton's jilni". Ki'h -l rim i.iMrui I'M i.i 1 or ••! I not c ill mi ih.it |i it (ill ir Hate hut tin- c mtiat - t r - i''l In' ili'l II- .-i,).<. .ite I iliiii i• v !>l'o lining a mo i' • h.iu i*it in '-<> ':. • I hi u i! on : ||i- ! 7: Ii .Tj'teilih' I th it l,n ciil '1 ..,, i loun I ,h'i pi ice |i„ kin 1 In' ,m-i-Ii- of f\'\ .one' u.ts hjm'iiiM til" 0' I'mlali! when Ii" i-x jiii-- '-il Ins ij.i ,i .ii aliollt the vai'i" "I tii ■ M'i vii i- ami k• • j it ill" i|ii ,i !■ iKo . In,;n ii, • ,l,i i' ih • ,-i'M ii •• , ■ >ll I II: >' !(•(. I J II ' i,„ l:\, " 111 [tll< i|i.i,l v. a- to ki'i-o io' , nil ,<•''>< or A -I r .iv so VI v\ ..- t ,i ih" he.'o li' ~: .i i niii'iium' v ii -i i V> nolo mil linlo.s.i the il"l'oi|i| int. r .in,' u ilhin one or otiii.'i' ol the i x uiptious proviiiml ii" must penult tho si'ivici to he carried out. ll'i felt su*e if defend-

ant had drawn the attention of the Tow n Board to his complaint steps would have been taken to remedy the matter. Under the circumstances defendant would be convicted and fined £1 and 7- costs, together with £2 2 - solicitors' fee.

PAPAKURA TOWN BOARD At the ordinary monthly meeting of the Papakura Town Board held ou Monday there were present Messrs R. M. Gillespie (chairman), P. Holt, W. Richardson, T. D. Campbell, T. H. Mark wick, H. Linstrom, and H. Lloyd with the Town Clerk (Mr H. W. Geissler). SANITARY liY-LAWS Prior to the ordinary meeting a special meeting wa9 held to confirm the resolution relating to an amendment of the sanitary by-law as already officially notified in the " Times." The Chairman moved that the new by-law should be confirmed and brought into force within fourteen days. Mr Holt was of opinion that it was better to have an acre of ground as a standard. The motion was carried, Messrs Holt and Campbell dissenting.

" USUAL MONTHLY BUDGET "

A letter was read from the Secretary of the Papakura Ratepayers' Association forwarding a resolution passed at a public meeting of the ratepayers and householders held on September 28th " That the Town Board be requested to fix the salary of the Town Clerk at a lower rate than proposed and not to increase the Board's staff." Another communication was also read from the Association strongly protesting against the confirmation by the Board of the resolution amending the by-law on the grounds that the proposed amendment was unnecessary and unreasonable. Both letters were formally " received."

THE CLKKK'S RESIGNATION The Audit Inspector wrote in reply to the application for a special audit in consequence of the change of clerk that such an audit could not be undertaken owing to the pressure of other'work. The Cfiaitman and other members thought an audit would be more satisfactory to both the present clerk and Ids successor but no decision was arrived at. SAI.H VARUS SI IK A letter was received from the mauagdr of the N.Z. Loan and Mercantile Agency Co. enquiring if anything had yet been done as to opening up the road to sale yards as they were anxious to start work. It was resolved that a copy of the letter should be forwarded to the Fra?iklin County Council SANITAR* SERVICE KXKMPTIONS A couple of applications were received for partial exemption from the sanitary sjstem on the ground of insufficiency of means. On the motion of the Chairman it was resolved th it the request should bo acceded to.

ENGINEER'S REl'OK'l's

Mr Lockie Gannon, Advisory Engineer, wrote enclosing a plan of permanent levels of Elliott street. He estimated the formation of a road 20ft wide and for a di-t nee of about 15 chains at £IS7 10s hut such estimate did not include any path formation —The letter was referred to the Works Committee Mr Lockie Gannon further submitted a scheme for the disposal of surface water drainage on the western side of the railway at a cost of £25 and the same was also referred to the Works Committee. MISCELLANEOUS Mr Victor H. Hatrick, of Northcote, wrote complaining that foul water drained on to his se«tion and that the Board must regard the notice as final as unless steps were taken to have the alleged nuisance remedied he would be obliged to fill in the drain.—The Chairman explained that the section referred to was at the back of the Globe Hotel and that the foul water complaiued of came from the sale yard. —lt was decided that a copy of the letter should be forwarded to the N'A Loan and Mercantile Agency Co. and this was agreed to. Mr Linstrom reported that he had inspected tho depot and found everything satisfactory.

It was decided to advertise for a hi it able horse, dray and harness. The Franklin County Council in a letter to the Bi ard stated that the nwessary repairs to th« portion of th'' mad from Hunua, Hays Creek t.iidyo to Walker's corner, would he carried out by the Council's own team and men as soon as weather [leitnitted. The work would cost appio.xiiuately £'2s and the 1?. ard would Ik) charged with hall cost. Mr Holt presented a report of the Reserves Commi'tee. —Mr M ink wick expressed the thanks of thcHoaid for the trouble which Mr Jin t had undertaken in connection wiii the report. Accounts amounting to illoO 17m w 'ie pa-M (1 for payment.