PIAKO COUNTY COUNCIL.

Te Aroha News, Volume VI, Issue 350, 13 March 1889, Page 2

PIAKO COUNTY COUNCIL.

T?e ordinary monthly meeting of the above Counoil was held at the Council Offices, Cambridge, on Saturday last. Present ; Crs Chepmell (chaiiman), Kunt, Horrell, Heany, Williams, Brun&kiH, Browning, Murphy, and Mills. Minutes of the previous meeting were read and confirmed. Correspondence : Flax on River Reserves : From Mr Hay, solioitor, having been asked to give an opinion as to Councils power to lease the right to cut flax on the river reserves wrote as follows :—: — The question you submit for my opinion in your letter of 13th inst is as follows : Has a County Council power to lease for a term of years the right to cut flax, etc., giowing upon a publio road under its control ? In reply I am of opinion that the Counil has no such power. The Council is a body created by statute with powers strictly limited, so far as the present question goes, by the cheating Statuie and by the Public Works Act, 1882. So far as County loads are concerned the Council has the care and management of and may exercise control over them although they are not formed. But this does not nor does the power "to do and suffer all things which corporate bodie>s may do and suffer," (Section 14, Counties Act, 188G), confer on the Council the power to lease the light to cut and remove the vesture of the ro.td. The r>oil of the road is vestr-d in Her Majesty and not in the Council. I± it were vested in the latter possibly there might be n power to lou^e implied from Sub-section 5 of beetion 138, Cninlie.4 Act, JBBG, \\ hioli makes lents and profits of propetty vested in the Uonn ri il u pnrt of the County +'uml. The piopetly in tho soil of the io.uJ Uing vobti-d i-i Her Majesty, the

flcix, the natural vesture of the soil proceeding out of it is also vested in her. In England the soil of the roads with few exceptions belong to the adjoining proprietors each extending to the middle of! the road, and it has been frequently held thitt the pasturage is the property of sucb. adjoining proprietors as owners of the soil. The interest of the public in roads there merely amounts to an easement, viz., a right of passage and a right to maintain. For this reason there are no English cases exactly in point to which I can refer, but I have nevertheless no doubt th it the Council lacks i he power to lease in this instance. I advise the Council to obtain the sanction of the Government to selling the flax, and in the agreement for sale to insert a provision against obstructing the public traffic and a limit of time for the removal of it. This could be done annually. some little discussion it was resolved on the motion of Cr Mills, seconded by the Chairman : I'hat a letter be written to Government, asking them to give the Council permission to sell the flax on the river reserves. Injuiy to River Bank : Cr Murphy said he wished to bring under the notice of Council that" 1 the eastern banlc of the Waihou river was being injured through' people casting away large quantities of sand, and in so doing cutting the river bank ; also through the catting down of willow trees growing along the bank of the river, etc. The question being raised as to Councils control over that portion of the river bank : within the boundaries of the Thames High School flndowme-nt ; j Cr Murphy said, the Chain reserve on the eastern bank of the Waihon river \vs«s laid off about eighteen months before the Thames High -School were granted the endowment. This he knew of his own personal knowledge, as he was employed on the HHwey himself: at the tim^. Considerable discussion ensued wiih respect to the rivev lesoives, nnd the correspondence which had parsed between the Council and the Auckland Survey office with icspect thereto ; anil it was resolved on the motion of the Chairman, seconded by Or Murphy: That the Clerk be instructed to wiite to the Crown Lands Commissioner, Auckland, asking for more definite information with respect thereto. The Native Flax Industry j Mr E. S Yon Stunner wrote as follows: — U I am constructing an extensive flax mill plant at the Gordon Settlement, and findthere are some half do^en severe pinches on the main road within a mile of the mill site which will greatly impede the c.ntige of the raw material, and which might be considerably reduced by the expemlittue of a small sum; I respectfully ask the kind assistance of the County towaids the improvement of the grade. Cr Hunt said he travelled over the Gordon Settlement road very recently, and there were certainly were a number of very steep grades on the road. The culverts were all rotting, and the cutting 2 getting washed out ; in fact all that road was a complete wreck now. Cr Williams said it was a great mistake to allow culverts of bush timber to be constructed, as had been done on the line of road to the Gordon Settlement. If thero was not sufficient money -available to piocure pipes there were plenty of stones available for mJung culverts. Resolved on the motion of the Chairman, that the matter of improving this load stand adjourned for the Engineer Uj report as to piobable cost, etc. Fioni J. Sperrey, Property Tax Com missioner, forwarding statement of values of real propcity commencing April Ist, 1839, for the Matamata, To Aroha, and Patetere Hidings. From the Colonial Treasurer, forwarding statement of Patecere Loan, £1650, with interest, £1689 14s 3d ; stating the loan would he inscribed at 5 per cent, payable half-yearly, and dating from Feb. Ist. Branch Road ; From Richard Reynolds, requesting that the road from Taumangi station to the main Oxford -Lich field road, bo made available for wheel traffic. Cr Williams spoke in support of the application, and moved that Messrs Rich and Reynolds be written to w'th reference to this application, estimated cost of bridge required, etc., and amount they were prepared to contribute. Seconded by Cr Hunt and carried. The Electoral Roll : From Mary Jane Stanley, requesting that her name be placed on the Roll for Te Aroha Riding, being holder of section 9, Block 35, The Clerk stated he could find no record of the section, in respect to which Mrs Stanley requested thut her name be placed on the County Roll. Cr Mills said it was all right. From Henry Buttle, Annandale, request* ing that his name be placed on Piako County Roll as representing the owner of the Annandale estate. With respect to Mr Buttles application the Chairman said he had recommended him to have application made direct to the Property Tax Commissioner, to have the desired alteration carried out. (Nothing more can be done with respect to either application before next Council meeting), A Grievance ; From Geo. Walker, requesting Council to have the necessary load work done, respecting which he had made several previous applications. Cr Willinms referred to the great inconvenience Mr Walker had been put to, in cousequence of the public making a thoroughfare of his paddocks and often leaving the gates open ; he had also lost as ramy as fifteen lambs of a night. To his own knowledge there would shortly be considerable traffic along this line of roaci ; and he was of opinion the proper suveyed road, to connect with the main road, could be opened up for about £130. Mr Sandes, Engineer, on being referred to said the work would cost fully £250. Resolved on the motion of the Chairman, seconded by Cr Heaney . That the Engineer be instructed to go over the ground and prepare an estimate of the probable cost of carrying out the work. f House License : Fiom D. Scelly, Waharoa, applying for renewal of his slaughter house license. Resolved that the application begranted. Dog Registration : from Alex. Bremner Morrinsville\ stating that he experienced much difficulty in getting all dogs registered, some owners refusing to register, and asking Council tv advise him what steps to take. Resolved, That Air Biemner be authorised to take legal proceedings against the owners of un-registered dogs. Thames Hospital and Charitable Aid Board : From James, llally, solicitor, as follows ;

Cambridge, March 8 th, 1889. The Chairman and Members, Pinko County Council, Gentlemen — , • Thames and Coromandel Charitable Aid Board v You. Thames Uospital Board v. You. I received from your Clerk a letter from Mr Miller, solicitor, Thames, demanding paymentof an alleged balance of £9 15s 8d due on judgments herein, together with j Bills of. Costs giving the 'details. After carefully perusing the latter I wrote to Mr Miller on the 27th ult , informing him that th<* Bill of Costs in the first case if taxed would be reduced by £10,1 5^, and in the last by £6 Is Bd, or a total reduction of £16 16s 8d ; so that instead of there being a balance of £9 155.8 d against youi Council Mr Miller should return the sum of £7 Is overpaid. In answer to this Mr Miller sent corrected BWls of Costs, making a total reduction in the two cases of £15 3s, and offering to return £5 7s 4d instead of £7 Is which I had asked for. As the difference is so small, being only £1 13 Bd, between what Mr Miller offers and what I asked, perhaps it would be as well to settle at that rather than go to taxation, etc. I , James Hally.

Resolved on the motion of the Chairman, seconded by Cr Horrell, that the amount offered by Mr Miller in settlement be accepted, Ti action Engine By-Laws : The Chair* man reported that "wiuo doubt arising in Ins mind as to whether delegates from the County Councils, could legally frame and hi ing into operation a code of By-. Laws for regulating traction engine traffic on public ro ids, he submitted the m.itter to Mr Hay, solicitor. Mr Hiy in reply t^ave it as his opinion Bv-Lnvs must be nude by special order of each of the various County Councils. On the motion of the Chniiinan it \v,\< resolved that the W.iikato and W.dpa County Councils be wiitten to informing them of Mr Hay's opinion, and suggesting that each of the three Councils make separate By-Laws fin regulating this traffic, etc. Upper Hill Track : Cr Mill repotted th it he had l>pon inform "fl by Mr Pavitt, County Engineer, th.it several small bridge on the linp of ti.ick referred to had baen destroyed by tne recent bush fire-*. Resolved on the motion of: Cr Mills, seconded bv Cr Murphy : That the Engineer bo instructed to have the necessaiyiepniia carried out at a cost not to exceed £5 Notice of Motion : In accordance with notice given fit the pievious meeting Or Honell moved r That the Council meet quaiieily instead of every four weeks as at present ; the business of the Council during the interspace to be carried on by the Chairman and two members, to be styled the Executive Committee, etc. (tho full text of ihe motion has already bptm twice published in these columns). No one volunteering; to second the motion, Cr Brunskill said he would do so pro forma, but he could not suppoit the proposition. The Chairman said whilst he could nr>t support Cr llorrcll'* proposition, yet he believed a eonsideiabie saving "in the mattei of tiavelling allowrnces could be effected, he had ijiven the matter much thought. When the meetings were held at Mnmnsville, if all attended the cost of travelling expenses per matins? was £8 2s (exclusive of Cr William*), ns against £9 18s now (at Cambridge), ft Was dfsii.iblo the mei-tinsfs be he'd as near the full monn as po^ibh*. l>y holding only eleven meetings this year, as against fourteen per year hitherto, and by reducing travelling expense.-, a saving of over £48 a year cou.d be elected. He had prepared the following proposition, which he now moved as an amendment:— That the travelling allowances be as follows : — Cis Mills, Murphy, Heany (and Williams, when living at Patetere),'i£l 9s each, instead of £1 14s as at present : Grs Horrell and Hunt, £1 each instead of £1 5s j the Chairman, 16-4 instead of £1 ; Cis Brunskill and Browning, 10s 6d each instead of 13s ; and that the Council meeting* be held on the following d?tes : April 13th, May 18th (if balance-sheet ready)! June, no meeting; July 6th; August 10th ; September 14th ; October 12th» (A3 the annual statutory meeting must be held in November the fixing of dates for meetings subsequent thereto was left open). Cr Brunskill seconded the amendment (and in doing so stated he had been devising a somewhat scheme himself for. reducing travelling expenses). The amendment was earned. Tenders for Bridge at Murphy's Landing, Waioionajomni : Before the tenders were opened the Chairman said when the proposed bridge was first talked about, they were given to" understand that the owner of the Kotuku had given the upper portion of the river best. If any Cr had any remark to make with respect to the bridge in connection with river traffic let him now do so, and notby-and-bye. Cr Williams said Mr T, W. Firth had assured him the Kotuku would never run up the river again. Cr Murphy said the river had so changed from sand banks, drifts, etc , it would be utterly impossible for a boat such as the Kotuku to now traverse it above Te Aroha. Mr W. T. Firth had informed him also that, the Kotuku would never run up the river again. Beside* the spans of the proposed bridge were almost, if not quite as' large, as those of the Te Aroha traffic bridge, Tenders : John Snmerville, L 793 ; O'Biien and Jockson, L 550 ; A Nichol, (Ngaruawaliia), L 525 7s; J. B. Heathcote, L 497 ; E. O'Connor, 1*495 ; Jas. Lavery (accepted), £492. The Clerk stated he had received twotenders from Mr 1-leathcote, one by lettei, the second by telegram (£497), requesting the previous one to be withdrawn. Mr Lavery named as sureties, Messrs W. Hetlmngton, and R. Cannell, He also offered to do the work with all heart k'uiri (instead o£ totara for piles, etc.). for L 455. Overdraft : The Clerk reported the ovMdraft now stood at L2o2s. Accounts : The following accounts were parsed for payment : Coates Bros. (Lich-field-Tnupo road), L8 ; W. P. Chepmell (tiavelling allowance), LlO 6s ; W. Cook (Shaf tosbury-Te Aroha road), L 3 12s ; C. Tuck (salary und commission), Lt 57s lid: C. Murphy (ferries account), L 2 16s ; Te Auoha andOhinemuri News (advertising, etc.), L 9 9s 6d; F. W Browning (travelling allowance), LI Gs ; Geo, Walker i (balance of depos't), L2O. Patetere Loan

Account: Te Kanau (extras on contract ! No, 4), L 2 3s 4d : G-eo. Walkpr (extras on contract No. 3), L 3 ; T. G. Sarules (balance of commission), L 3 7s 9il ; Cr Horrell (travelling allowance"), L 6 ss. This was all the business. ■*