GERALDINE COUNTY COUNCIL.

Temuka Leader, Issue 2398, 13 September 1892, Page 4

GERALDINE COUNTY COUNCIL.

The monthly meeting of the Geraldine i County Council was held on 1 hur,«hy. Present —Messrs W. Balfour (dnff-man), W. B. Howell, J. Talbot, J. hi. Barker, 11. Mackay, and M. Quinn. TRACTION RX MINES. A special meeting was first held to adopt the by-law relating r.o traction engines, and this was done, the resolution bringing tdo by-law into force uii 21th of October next. WATER-RACKS. At the last meeting of the council their solicitor, Mr J. W. White, sent in his opinion on certain questions connected with the levying of the maintenance rate, and at the council’s request the question was submitted by Mr White to the consideration of Mr llaggitt, of Dunedin. The question submitted for the opinion of counsel was : “ Are the ratepayers of a water-supply district exempt from payment of maintenance rate where they do not actually take the water I” Mr Haggitt’s reply was as follows “No owner or occupier of land within a water-supply district is liable for payment of rates and charges under section 35, Water-Supply Act, 1891 unless (1) the water-race has been constructed in, through, over, under, upon, or along his land, and such land is not already provided with water by a stream, etc. ; (2) he has applied to, and obtained from, the council a supply of water to his land ; (3) his land abuts on a road upon which a water-race has been constructed adjacent to his land, and he has not given a written notice to the council that ho will not use the water in the race and does not use it. All lands which by their altitude, configuration, and other physical causes are excluded from deriving any possible benefit from a water-race are also exempt from all rates to be levied in respect thereof, and also all lands which are supplied with water from springs, streams, or private water-races on such land, unless the owners consent to such lands being rated. (See last paragraph of section 31.) The question submitted by the council cannot be answered ‘ Yes ’ or ‘ No.’ The answer is—That all owners or occupiers of land within a water-supply district who do not actually take the water-supply are exempt from piyme.it of maintenance rate, except those whose laud was not p ; oviously provided with water by a stream, spring, or private nice, and the water-race has been actually constructed in, through, on, under, upon, or almg such land.” Mr White submitted his opinion on the further questions —If an owner consents in writing to land being rated (1) for interest, (2) for maintenance when such lands would otherwise he exempt from rates, will his consent bind a subsequent purchaser of such lands / (1) Yes. To question 3 No, unless a deed of covenant to sell only subject to the liability for the rate were added to the written consent.

In some remarks upon the rating question the chairman said Mr Haggitt’s opinion agreed with Mr White’s in every particular. Members considered that the opinion of c iijnsol on the liability for rates showed that the Act must be made over again. Mr Talbot thought the new Actdestroyed the Co vernraent security. Mr Howell said No; that referred only to maintenance. A number of conundrums in the application of the Act were pointed out.

It was agreed to have ihe counsels opinions on the rates questions pri .ted to enable members to study them more conveniently. Hon. L. Walker wrote suggesting that his guarantee should ho taken for the whole of ihe interest on the cost of the proposed Four Beaks race.—The chairman said the Government would not accept one name when two pr ; erlio.i were to be watered. One v.;y out of r was t® make the race district on Mr Walker’s property only, and let Captain Teinp.’e obtain an “ outside supply.” (Captain Temple, who is the other ratepayer conceded, is now in England.) —lt was said that the first step was to call a “ public meeting” of the one ratepayer, and take a “ resolution of the majority,” which would probably be large enough to make a poll unnecessary. The several water-race rangers’ reports were read. A. Gynos, Han git at a, reported a good deal of stufl washed down off the big terrace by rains ; that he had to clear out the races. Otherwise, and in all other cases, the reports were sat sfaefcory. On o case from the Geraldine Flat district the engineer raised the question of field gate crossings where races run along a road fence whose duty it was to make crossings, if necessary, so tln-t the road shall not oe d imaged—the council or tim land owner I In no ease except where it was imposAblo to cross the nice, hm the council m.uio in Id crossing.-., —Me moors said that ihe council uoni l not undertake to make them—the, u would le hundreds of them. Nevertheless, a member remarked, the cost wonti have to be paid by the ratepayers themselves. Mr A. M. OJai k wrote protesting against the inelu-uoa of a certain portion if the Amu a estate in the Waitohi si'-uv, as it had a water frontage to the Opihi —Reply to be sent that the land was included in the original district, POLITICAL QUESTION'S. On a statement of £723 subsidy on rates to be forwarded to the road boards, Mr Barker started a discussion on the proposal to discontinue the subsidies. Mr Talbot moved, Mr Howell, and carried—“ That this council regret to observe that it is proposed to discontinue the payment of subsidies to local bodies and strongly protest against the same, on the gr/jund that the local and general taxation 18 at prgspnt very heavy, and this proposal would UiyQIVQ pile adding of one-half the cost of and charitable aid and maintenance on taxation.”

Moved by Mr Barker, seconded by Mr Quinn, and carried-—“ That I lie council wish to protest against ilw railway management being in any way eonjieubad with politics, and they think it would be a mistake to give any Minister power u> influence the Railway Commissioners,” S.'ULE, iSIIU'S. The Mount Peel Board wrote that they thought the small. bsVtJs could be better dealt with by 1 lie smaller bodies,—ln view of the division of opinion Mr Howell w<»wJd move that the council do not undertake tins work this year, and the members agreed. The chairman stated that the Levels Road Board's plan of sending a man round to lay poison had been very successful, according to reports from all parts of the district. BRinaiy*, Mr A. E. Gr. Rhodes, wrote pointing out that if the council desired to utilise the timber of the old Oxfotii railway bridge they had better perhaps make a fresh application to the Government for it. Possibly the original permission to take the timber might bo supposed by the Government to have lapsed.

'i'll Ashburton County Council forwarded copy of a petition from 82 settlers in the neighborhood ;unl stockmen, asking for the construction of a sheep bridge «.ver the ninth branch of the iangiVata on the same principle as that over the south btanch (nr. attached to the railway bridge . The Ashburton Council desired this Council’s opinion on the proposal. The cost would he about £OOO. On the motion of Mr Talbot it was resolved to ask the Ashburton Council to ascertain whether the Coinmissknors wool I allow the railway bridge to be used for tnat purpose, and also the cost; after which this Council would further consider the proposal.

Mr Talbot spoke of the approaches to the Tengawai stock bridge, and generally, saying that a great improvement could lie wfleeted by strengthening the “ wings.” They should be of timber to stand the pressure. Ue also suggested that gates would make the bridges more useful. Air Talbot was thanked for his suggestion, and the chairman undertook to consult the engineer about them, on the spot. ACCOUNTS. The Audit Office returned the balancesheet for the year ended 31st March 1892. certified correct. A letter from the Harbour Board stated that the amount of harbour rate to be levied on the county was £2SOU 13s Id,- to be apportioned among the road boards. Accounts amounting to £847 10s 7d were passed for payment. OFFICE STAFF. In December last the clerk, Mr Stubbs, applied to the Council by letter for assistance in the office, and the application has been before the Council and postoned till now, when the subject was brought up and disposed of. The chairman explained the position in the past. The clerk had applied for a refund of the 10s a week he had been paying to a youth out of his own pocket, and this was refused. Assistance was clearly necessary, and therefore should bo paid for. Mr King, the Government auditor, had spoken quite strongly to him about the amount of work expected from Mr Stubbs—it was simply “ sweating,” so numerous were the separate accounts to be kept.

After some discussion it was resolved on the motion of Messrs Howell and Mackay, “ That an assistant be engaged at a salary of £i per week.” Mr Talbot thought £250 pier annau was ns much as the Council should pay for their office work, and he and Mr Quinn dissented from the resolution.