ST. AUBYN TOWN DISTRICT

Taranaki Daily News, Volume LV, Issue 109, 24 September 1912, Page 4

ST. AUBYN TOWN DISTRICT

WHO IS CONTROLIXG AUTHORITY? "PULL BAKER, PULL DEVIL." A seiious phase 'lias arisen in connection with the merging 0 f the St. Aubyn .town Board District in the Borough of New I'lymoutli. The ])osition, WhwU is .with some legal complexities, lunges cm the fact that in amalgamating ' Alll '.vn district with the Borough, the Commissioners or the Department of Internal Allajrs, apparently overlooked an area of 25 acres which they deemed not suitable for municipal control. At the same time, however, they appear to have neglected to "have'" riienjed this small area in the Taranaki County Council, as was originally intended. The St. Aubyn Town District is thus left with an area of about 2"> acres, with <>n--I,C two ratepayers. Ilcuce the trouble. Prior lo the merger the Town Board raised a Joan and let contracts for certain road formation, kerbing. etc. The whole oi the roads for the formation or improvement of which the contracts were let are included in the area merged in thi' borough, and are now vested in the borough in fee simple. Seeing that the small area of 25 acres' Was not merged in the borough the Tjuvn Board is ipso facto still in existence, and the board has elected to continue the •supervision of the contracts already let, though, those Contracts are being carlied out on roads which a.re now under the jurisdiction of the Borough Council. thus roads in one area are being administered by two local authorities. LOOKING A fill"! 1 HORSE IX THE

MOUTH. 11 is proposed that the 25 acres which at present constitute the St. Aubyn Town District should be merged into the Taranaki County, but in view of the liability the Town Board has incurred since the merging, the County Council is eyeing the suggestion askance. It objects to the inclusion of this small area in the county, fearing that it would also have to take over tie liability incurred by the board since September 3. The County Council has written to the .Minister of Internal Affairs on the matter. and has received a reply to the effect that it is proposed to introduce an amendment to the Town Boards Act making provision for the inclusion of the remaining portion of a town district (not having the necessary qualifications to remain a town district) in a. county. In the meantime the Under-Secretary has written to the chairman of the St. Aubyn Town Board to the effect that the St. Aubyn Town District was practical!) abolished after September 2. 1012, and that ''no liability should be incurred after that date, as the members of the board may be held to be personally responsible." TOWN BOARD CONFIDENT.

As a matter of fact, tlio board- lias no desire Id retain any authority after the necessary statutory adjustments have been made. In 11k> nn'Jilitiinc I hey am in power, practically against. (heir de■sii'<"- for tiny have been advised by their, solicitor, in the course of a lengthy communication. as follows- -

"I'lilil your dissolution. or until adjustment. you are the parly to enforce all coiiirar-ls let by you. I consider that until dissolution or adjustment yon may continue to act. and to make payments as before the inclusion of the 2nd instant". The streets on which works are now being done arc in tin 4 borough, are vested in the Uorough Council, so you would be interfering with their streets. Hut the contracts to do (lit' works are valid and enforceable by the contractor,i against you, and by you against (hern, until either by dissolution or adjustment the contracts go over to some other body. It would, I think, be proper under the circumstances to carry out the contracts in accordance generally with the wishes of the borough, but I cannot. say 'that in law you are bound so to do.' As lo (he contracts being enforceable as above slated, see Municipal Corporations V-t, section K!.'), which applies to town boards."

Viuler .these circumstances, tile chairman and members of the hoard do not feci disposed to relinquish their control until such time as their position is more clearly defined,