GERALDINE COUNTY COUNCIL.

Temuka Leader, Issue 1790, 15 September 1888, Page 2

GERALDINE COUNTY COUNCIL.

The monthly meetieg of this Council was held on Wednesday. Present— Messrs Balfour (Chairman), Howell, Mackay, Moore, Hayhurst, and Barker. Mr Marchant, the Council's Engineer, wae in attendance.

Mr J. A. Munre wrote asking that soma arrangement be made regarding the passage of traffic over his land from the ford on the south side of the Pareora ; ia default of an arrangement he would fence it in.—lt was decided to make an offer of so much a year for a right-of-way. A note from the Property Tax Com* miesioner, regarding a duplication of the rates on a portion of the Levels Estate, was held over till the Company more regarding if* The Minister of Justice wrote requesting that someone be recommended to the post of Clerk of the Tomuka Licemin? Committee, vice Mr W. Wills, and it wai decided to recommend Mr Ash well.

The Ashbarton County Council notified that (hey had accepted a tender for redecking the old portion of the Rangitata Bridge at £676 14s Bd. Messrs Smithson and ilaymond forwarded the following opinion on the questicne" referred to them :—There appear to us to be three questions raised by the resolution affecting the unsafe bridges under the Council's control passed at the last meet-r----ing : First, what is the nature of the liability incurred by the Council in permitting bridges under its control to fsll into disrepair t secondly, what effect will the posting of monitory notices at the ends of bridges have in limiting the Council's liability 1 and, thirdly, what position will the Council be in if undec the resolution it absolutely closes the bridges ? On the first question we are of opinion that the Council haviug the control of the bridges has authority to do all needful repairs, and that, as the Legislature has provided the Council with means for effecting such repairs, a duty of properly repairing is cast upon if. For breach of this duty proceedings, by way of indictment against the Council, could be instituted on behalf of the public, and in the event of a casualty resulting through the disrepair anyone injured person or property could hold the Council liable in damages. Moreover, by section 8 of " The Public Works Act Amendment Act, 1887," in the event of the Council neglecting its duty, the Minister for Public Works is authorised to maintain, repair, or reconstruct the bridge, and charge the Council with the cost. As to the second question, we are of ©picion that by posting up a danger notice the Council would not obtaia an indemnity ogainajfc loss arising through the breach of its statutocylduty.fEj&o doubt anyone |using

bridge after having knowledge of such ;i notice would be held to have voluntarily incurred the risk, and be debarred from recovering damages. The onus of fixing such a person with notice would rest upm the Council, and it is obvious that it conld rarely succeed in removing this onus. Further than this we think the Council would not be protected by posting the notice. With regard to the third quce tion, the closing of the bridge, we are of opinion it would be u breach ot duty. The Council's liability to indictment would apply as would the liability to have the work taken from it. and performed by (hMinister under aeotion 8 of the Act of 1887. To leave an insecure bridge open for traffic is to court disaster ; closing it altogether, although illegal, is certainly preferable to that. It has on several recent occasions been remarked by Judges of eminence that the liabilities of local authorities in these matters are altogether too extensive, and that the Legislature should intervene. Until something is done in that direction, the Council's liability to repair the bridges stands in the position we have indicated. The Engineers' report on the bridges ran as follows: Bridges : A ford has again been opened across the Pareora riverbed. The last heavy flood has caused the river to completely outflank the bridging at both sides. All the bridging >nd protective works at the Opihi river, on the Main South Road, withstood the violence of the late flood without the slightest damage. By measurement af er the flood, there must have bt=en 20ft of water against the protective works at the southend. Some willow-planting is required at the north end, for which we hav6 invited tenders. At the Upper Opihi Bridge, near Baincliff, slight damage has been done to the north approach by flood-water, from the river-fht tuning flowed over the river terrace and washed away about sft cf the approach. The protective fence lately built is undamaged, and in our opinion is thoroughly successful. We have arranged for making good the approach, and planting up the back of the protective works with willows. lhe bridge itself is unhurt. By raeasurarnent after flood, there must have been l7ftof water under this bridge at the louth end. Messrs Counihan and Brosnahan, two tenants of land through which the headrace for the Saadewn Water-Supply will run, waited on the Council to ask what jompeniation was to be allowed them for the trespass ou their land, culting the race through their crops, and dislurbance. a. valuation was made three years ago of the injury likely to accrue to them, and this was assessed at £l2 for Mr Counihan Mid £ls for Mr Brosnahan.—lt was suggested that »s three years of their lease iad lapsed since the valuation was made the amount should |.be reduced propor;ionately. It w*s decided to postpone lealing with the matter until the Compensation Court had been held. A number of ratepayers in the northsast portion of the Seadown Water-Supply District wrote protesting against a, branch >f the race being made, as proposed, ;hrough their land, as the water would do ;hem more harm than good, they being rvell supplied by springs or creeks.—Reply to bo sent that if all those referred to in ;h9 protest state in writing they do not irant the branch race it will not be made, jut if they desire to have it in future ;hey will have to pay for it. They will lot, however, be relieved of liability for he rate. The Engineers reported as follows : RangitaU-Orari Water-Races : Since last neeting the Orari river has been in rreater flood than has been experienced 'or the last ten years, and an enormous flood-water has also coursed down the plain over which the races have been jut. All the works have withstood this test without damage, which we think ihould be considered very satisfactory. Lb a measure of precaution against future Jamage, we are erecting some inexpensive protective works at the intake of the Orari river, where the river terrace is unstable. We are also building a floodjtop on Mr Thew's land to prevent floodwater coursing along the deep race and Jamaging his pioperty. Owing to pressure )f time in preparing Seadown water-raca sontracts, we have not been able to report jn the extra races applied for in this listrict.- Woodbury Water-Supply: This Bontract is proceeding satisfactorily, and the coritractor hopes to have the works completed in about three weeks' time. With respect to the claim made by Mr Reilly for land compensation, we cannot recommend the Council to make any iward. The land is within the water aiatrict —ia of poor quality—and in our opinion will receive immeasurably more benefit from the water than depreciation Erom the works.—Seadown Water-Kaces : Immediately we received notice that the land required for the head-race had been proclaimed under the Publie Works Act we called for tenders for the whole of the contracts, so as to endeavor, if possible, to have the water running right through before the end of the summer. We estimate the cost of the works as not exceeding £IBSO. Tenders were received as follows ; Willow protective works at Opihi bridge : M. Elaberty. £lB (accepted) ; M. Scannell, £29 17s.

Seadowu water races—No. 1 —W. Fletcher, £778 Os 2d (accepted), P. McAteer, £llOO. No 2.-D. Gregan, £614 18a (accepted) ; W. J. Silcock, £619 9s Oi -, W, Fletcher, £631 4s. No. 3.—W. Fletcher, £460 10s 3d (accepted) ; W. Silcock, £441 15a 9d ; D. Gregan, £495 10a lOd. The total of the accepted tenders for the races is £1855 9a sd.

A credit note from the Treasury for £ll7 13s lOd wa» received, on account of subsidies. A telegram from Mr Silcock, contractor for the Rangilata races, demanding payment of balance due to him, was directed to be hauded to the Council's solicitor. Mr Marchant staUd the contractor had not attended to the maintenance conditions of the contract. Consideration of a claim for £59 made by Mr C. G. Tripp for damage to his land by the construciion of the head works to the Orari races was deferred till neit meeting. Accounts amounting to £4lO were passed for payment, and the meeting terminated.