BOMBSHELL FOR ST. AUBYN

Taranaki Daily News, Volume LIII, Issue 73, 5 July 1910, Page 3

BOMBSHELL FOR ST. AUBYN

STILL PART OF THE COUNTY. LIABLE TO COUNTY RATES. The newly-formed St. Aubvn Town Board is having a stormy start, as will be seen from the following correspondence submitted to the County Council at yesterdays meeting:— From Mr. R. Ellis, county clerk, to Messrs. Govett and Quilliam, county solicitors: —"I am directed toy the chairman to submit the following matter for opinion:—General: The above town district was constituted on 31ist March, 1910 (vide New Zealand Gazette, March, 1910, page 969), presumably under section 6 of the Town Districts, Act, 1908. A declaration accompanied the petition that was necessary under section 4, Town Districts Act, 190S, signed by G. Blanchard, Percy Lealand, and A. Shultz, declaring that the population of the proposed town district exceeded five hundred and fifty persons. Under section 3, Town Districts Act, 1906, how section 9, Consolidated Statutes, 1908, Town Districts Act, every i town district having, a population of not less than five hundred shall . . . be] deemed not to form part of the county; but this section was repealed by tlie 'Town Boards Amendment Act, 1908, No. 2, section 3. This provides that town districts mentioned in parts one and two of the schedule <of the said Act are deemed not to form part of the county. •Subsection 1 of section 3 appears to give the Governor power to declare any town district whose population exceeds five hundred shall not form part of the county; but such Order in Council shall have effect on the first day of April next after the date of the order. Question: Does the St. Aubyn Town District still form part of this county ?" " Messrs. Govett and Quilliam replied:— "In reply to yours of the 24th instant, •we are clearly of 'opinion that the constitution of the St. Aubyn Town District does not of itself exclude the district from the county, and therefore our answer to the question submitted is: The 1 St. Aubyn Town District still forms part of the Taranaki County. We base this opinion on the assumption that no Order in Council- excluding the district from the county has been made since the constitution of the town district by the proclamation referred to in your letter.."

: Or. Carter said that an awkward position had arisen. Acting in the belief that thev had the control of the county road through the St. Aubyn Town District, the Town Board had entered into arrangements for'the supply of metal, and. amvvintti a clerlt. but had no control. They would have to deal fairly with the, Board, of course, who had evidently, overlooked this very important legal point. The accounts would have to be adjusted.; Cr. Hopson: Do thesa people know how, they stand? ' j It was 'explained that the Board bad already taken steps to strike a rate. • Cr, Carter; 'Not only is the rate struck, but I think St. Aubyn township will be "struck" when they get the News in the morning. • • * - The chairman said that as yet the St. Atii>yii .people didn't know of this, so far Elii hfe ktiew. But the Council was not 'supposed to run the .Board's business for it. The Boafd would doubtless approach the CouncfJ Oil the matter. It was stated tMt the .portion could riot be altered until AjiTil, 1911., The chairman said it seeni'cd the Cotmcil had no option ibut to strike another rate over the St. Aubyn township. Itl I Was no fault of the Council. It there, had been a muddle, it had not been the j fault of the Council. , Cr. Carter suggested the Omata riding would be in luck if it got the Government grant of £IOOO and £SOO in rates y&GjnJSk Aufcyn Tawn District. Cr. Hill supposed the Council would do some vfork in the town district if the.y collected rates there. Crs. Carter, the Rev. Allanson, and the chairman were appointed a committee | to meet the St. Aubyn Town Board.