GERALDINE COUNTY COUNCIL.

Temuka Leader, Issue 1955, 12 October 1889, Page 1

GERALDINE COUNTY COUNCIL.

The monthly l meeting of the Geraldine County Council was hold on Wednesday. Present— Messrs Balfour (chairman), Mackay, Moore, Quinn, Howell, and Barker.

Mr Robert Edgar wrote oomplainiag of the stoppage of ©ne of the - Seadown branches by gorse, and in consequence a lagoon; waa formed on his laud, drowning a quantity of hie wheat crop. He asked for compensation.

Mr L. Grant complained of a race blocking the flow of surface water at the Main South Road, for want of a pipe toulvart under the race.

Mr G. Crozier, Seadown ranger, reported that the races were all io good order, and a good flow of water running. The heavy nor'-wester caused many obstructions and overflows by blowing rubb*ish into the raees, " filling them up for miles." Ha had oleared ont the gorse complained of by Mr Edgar, and had placed a pipe culvert as required by Mr Grant, and two others elsewhere in similar places. The new fellmongers at Washdyke had cut a race 5 chains leng to get the water where it had run to waste.—The chairman to enquire info the last named matter.

On a letter from and verbal explanation by Mr Moere, it was ordered that a deviation and extension of the Woodbury raceß be gone on with, Mr Middlemiss to do the work according to bis offer.' Mr H. Coulter, a Rangitata ratepayer, was granted leave to take water across a road to fill a dam.

Mr H. Wood ley, Rangitata, asked for a loop race to Rupply his land. Mr Woedley and one or two other applicants have taken up Crown lands siooe the races were laid out. The council has ,no monsy to construct new races, and it was suggested thß.t the occupiers might make the races, and have the maintenance 1 rate remitted for a time, and the secretary was directed to ask the applicants if they would agree to this.

Mr A. Gynes, Rangitata ranger, reported that the nor'-wester filled the races with earth and straw and other rubbish for ohains together—in one place the race was fall of straw for half a mile—and he h»d great trouble to gat them clear. He asked whether the settlers ought not to help in such caßes.—The bye-laws, it was pointed out, required the occupiers to keep the races clear, and it was agreed that the ranger was not appointed to keep the races clear,' but only to look after the head works and see that the occupiers «Hd their duty. Mr M. Riley, r«nger of the Woodbury races, reported nil in good order, save in one place where a few boulders had fallen in ; he would put that right io half a day. The'" engineers, Meases Meason and Marohant, reported that No. 1 oontraot on i the Orari-Waibi races would bA completed j in a waek or ten days, and No. 2 by next meeting or nearly so. Mr Marohant endorsed a recommenda- ] lion of Mr Gynes, that ten ohains of wire fence be put on the top of "the big terrace " to keep sheep from getting on to the steep sideling above the raoe, and it i was agreed that the fence be erected. Mr Dennis Hoar 9 waited on the council to ask for a branch race to a farm he .had bought from Mr Gldfield, Kerry town.—lt was agreed that the ranger should be instructed to go and see what amount of work'was-necessary to carry on the watar. A further protest was reoeived from Mr W. Hawke and others against the Geraldine Flat races being discharged into fhe Waihi.—A legal opinion on this question was re*d in committee. A petition from rstepayprs, and an enclosure from the Geraldine Road Board dealing with the same subj jet were also

received.—On Mr Barket's suggestion the, engineers were instructed to make the full*of the Orari-Waihi races into theOrari or Dobbie'a creek, and the Geraldine Flat races into ihe Hae-hae-to-moana.

The Engineer reported that the Winchester bridge had been completely; dismantled, and they were glad to report that the timber they proposed to retain was, all quite sound. The nsw timber had not yet arrived but was expected shortly. It was r«Bolved that the Tengawfii bridge be taken over from the Levels Road Board, and,that the engineer report upon its condition, its length, and the width of the river at that plaoe.—Mr Moore protested.

The secretary to the Hospital and; Charitable Aid Board wroto that the! Temuka district was now unrepresented through the absence of Mr Hayhurst. ; Apayment ef £250 subsidy on Levels road district was advised.

The correspondence bearing on the Si'cock case was then taken. The chairman said that their solicitor bad sent in a letter containing particulars of the claim from the solicitors for Mr Silcock, for £736 16a 2d. This claim was made up of —amount of judgment, £466 10a 4d ; interest, £9 2« Id ; taxed costs of trial,' £260138 9d. The account of the council's solicitors is yet to come in. In reply to Mr Barker the chairman said that the case had cost the council altogether £IOOO over andabove what they should have had to pay under the contract. In reply to Mr Howell the chairman said that' he had got their solicitor's opinion'oh several points that were likely to crop up, and he read it as follows : li Question (1) Will the council have to pay the law costs of defending Silcock ? s action and connected therewith out of its general fund, or out of the funds of the water-race district 1 Answer: Section 16 of ' The Counties Act 1886' (hereafter called the Aot) is very comprehensive in its scope, and makes no distinction between the special liabilities referring to certain portions of the county and the j«n«»aMiabilities of the whole county, but makas the council as representing ,the corporation referred to in sections 14 and 15 of the Act equally liable in respect of both classes of liabilities. Although lam of opinion that the council and not the water-race district fund is thus primarily liable for these costs, yet, considering the general tenor of the law and the equities involved, I think that the council ought to make the waterrace district fund bear the costs alone, should that aocount be in funds. Should tho water-race district account not be in funds, section 178 of the Act gives the council power to adyance moneys from the general account, which the council may repay itself at any time when there is naonay to the cr«dit of the water-race district account. (2) Whether an increased rate should be levied by resolution or special order 1 This I take to mean an increased 'special rate.' The council mast levy such rateß by special order. See section 159 of the Act, which must be read in conjunction with the sections immediately following it. Such special order should distinctly define the portion of the county to which it applies. Section 17 of ' The Rating Act, 1882' (referred to io Ihe council's letter to myself ot 4hh iost.) does not refer to special rates, which must be specially dealt with. (3) Has a waterrace district power to increase a loan where the amount already borrowed is found insufficient? Sections 21 and 22 of The Government Loons to Local Bodies Act 1886 deal with this subject. Should, however, more than ten per cent ot the original loan be required, it-will be neoesuary to obtain the consent of the ratepayers in the same manner as to the original loan. lam also of opinion that under section 200 of the Act, the council can increase a loan where the amount already borrowed is found insufficient, but the amount is limited as provided by that section. (4) Can a water race district be altered, and its boundaries enlarged, and can such enlarged district obtain an additional loan for public works I Section 269 of tho Act gives the council power to ' enlarge, alter or curtail' the limits of any irrigation district declared under the Act upon certain conditions set forth in the various sub-sections of that section. As to obtaining an additional loan, that can only be done in manner specified in my answer to question No. 3. (5) Can the general funds of the county be used for water race purposes ? lam of opinion that the general funds oi the county cannot be so used, except by way of loan as provided by section 178 of the Act. (6) How must the charges for maintenance of races be levied ? There must bs a separate account opeßed for maintenasce, and all money accruing from water racos paid therein. See section 285 of the Act. Should the counoil desire to make such a fund, it will bs necessary to levy a charge under sab-section 2 of section 311 of the Act which will have to be done by special order, and should be made sufficient, together with any other revenue accruing from the water races, to cover all the ordinary cost of maintenance and repair." I After some disoussien, Mr Howell ! proposed, Mr Barker seconded, and it was I carr ie(J—«' That, re charges on account of Silock v. Gsraldine County Council, the Chairman call a special meeting of the ratepayers in tho Rangitata-Orari water supply district, and lay the position of affairs before them."

A general county rate of one farthing in the £, for the period ending 31st March next was struck, to be payable in one sum on the 15th inst. Accounts amounting to £1785 18s 2d. were passed for payment, including Si'cook's claim and costs £736 16s 2d. The meeting then terminated.