LAWRENCE TOWN COUNCIL.

Tuapeka Times, Volume III, Issue 142, 27 October 1870, Page 6

LAWRENCE TOWN COUNCIL.

The usual fortnightly meeting of the Town Council was held on Monday evening, 17th inst. Present — Crs. Coverlid, Harrop, Hears, Williams, and Barhett In the absence of the Mayor Cr. Williams was oalled to the chair. There was a good number of ratepayers present evincing an unusual interest in municipal matters, The minutes of previous meeting were read and confirmed, COBKESroSTDESTCE. A letter from the late Town Clerk, enclosing an account for £9 7s. being commission on £93, the amount of defalcations of the late rate collector, was readi Mr. Hayes' letter informed the Council he hud spent more time and trouble in ascertaining who had paid their rates, and in discovering the receipts of the amount embezgled, than he would have done in collecting the rates himself. The Council decided to hold over the letter till next meeting, Dr. Halley applied for a 21 years lease of section 8, block 25, adjoining his property in Peel-street, Kef erred to Reserves Committee, Report of Public Works No, 3 recommended that the old cemetery be at once fenced with a sod and post and wire fence, and a furze hedge planted round it. Cr. Mears moved that Standing ! Order No. 33 be suspended to enable the Council to get the work done at once, The Government were giving towards it, and the cost to the Council would not exceed £8 or £10. A motion to that effect, empowering the Public Works Committee to prepare specifications and call for tenders for Saturday, the 22nd inst., was carried, A communication signed by Messrs, Roberts, Humphrey, M'i^ickle, laston, Arthur, Henderson, and Geo. Clai'k, authorising Mr. G-. B. King to from plaintiff in the case of the Corporation of Lawrence v. M'Nickle the gum of ss, each, expenses as witnesses, and in the event of the sum not being at once paid, Mr. King was authorised to sue for it. Cr. Mears asked the Town Clerk if there was anything in the minutes regarding the case in point. He knew of no steps whatever having been taken by the Council to prosecute M'Nickle, The Town Clerk said -there was nothing in the minutes about the matter for the last two months. He could not speak for the minutes previous to that time. Cr, Mears drew the chairman's attention to an extra report of .the Finance Committee lying on the table. The Chairman i*ead the report referred to, wbioh was to the effect that the committee had been compelled to sign a cheque for £15 to enable the Council's solicitor to proceed with the prosecution against M'Nickle as bondsman for the late rate collector. Crs. Coverlid and Mears hoped those councilloi's who' signed the cheque would explain the matter, if they could throw any light upon the subject it was their duty to do so. The Chairman stated that all the councillors were aware that some time since the Mayor instituted proceedings against Mr. M'Nickle with regard to Lang's defaulcations. The money was never voted for the purpose, but the question was submitted to the Council by the Mayor, who stated that he felt it his duty, unless he was instructed otherwise, to prosecute. When the Mayor made these remarks in Council none of the councillors dissented. When the case was before Judge Grey, it transpired that the sum of £15 would be required to carry out the prosecution, During an adjournment of the court the Mayor called on Mr, M'Nickle, and tried to come to some arrangement with him, but without success. Cr, Harrop and himself also pressed him to make some composition, but he declined. He (the chairman) considered it their duty when che case had gone so far not to let it drop, and so it was the Finance Committee considered themselves compelled to sign the cheque, Cr. Mears said the chairman had stated what he knew of the matter, and he (Cr. Mears) would now -state what he knew about it. He would appeal to the minute book, and defy any one to show him that any minute whatever regarding the prosecution of M'Nickle had been passed by the Council. Cr. Mears then recited the particulars of M'Nickie's appointment, and stated that when he (M'Nickle) became insolvent, it was the duty of the Council or Town Clerk to make known the fact that M'Nickle's security was then of no account. Had that been done, another bondsman would have been required, and no person would have become security without making enquiry regarding the. rate collector, and possibly a large portion of the defalcations would have been prevented, as they must have been but small at that time. Although conversation had been held outside as to the prosecution of M'Nickle, nothing whatever had been bejEsre the Council, and the money had beenfurnished by the two councillors on the Finance Committee, He asked what steps any business man would have taken in a similar matter. He would surely never attempt to throw good money after bad by prosecuting a man who- nad none, the Mayor gave the solicitor, instructions under the seal of the Corporation, which the judge coniitiered s^fScjont, It we» 3 not the busi-

ness of the judge to enquire whether the Mayor had axithority to give the instructions to use the seal without the instructions of the Council, It was sufficient for him that the seal was attached to the document. The Corporation sued Mr, M'Nickle for £100. No bill of items was given. The Chairman here stated that Or. Mears was travelling from the question ) the case was put in the hands of the Council's solicitor, and it was for him to decide as to the forms the charge should take. Cr. Mears characterised the action taken by Crs. Harrop and Williams as the most audacious which had come under his notice in the Council, Who were they that they should take upon themselves to sign cheques without the oonsent of the Council 1 He could see no difference in the culpability of signing a cheque for £15 as in signing one for £1500, so long as there was money in the bank to meet it, and to do so in the presence of an offer of 25 per cent, from M'Nickle made the thing far worse, Cr, Harrop would like to ask if Cr. Mears had anything to do with the writing of M'Nickle's offer, Qustion not allowed. Cr. Mears said that whenever Cr. Harrop was beckoned by the Mayor, Cr. Harrop objected to Cr, Mears. He was attributing motives, Cr. Mears continued by stating that the responsibility of the transaction rested entirely with the Finance Committee, and he was glad to see so many of the ratepayers present that they might see on whose shoulders the blame should be laid. He considered the verdict on the very face of it cast a censure upon the Couucil. The Chairman stated that he knew nothing relative to M'Nickle's offer of 25 per cent, till eleven o'clock at night. The cheque was signed about half-past four in the afternoon, and he did not see the letter making the offer till next day, and then he had to send for it. Cr. Harrop said when the chairman and he called upon Mr. M'Nickle he said he would only pay 25 per cent, on all that was proved before the court. Cr, Mears then moved, " That in the opinion of this Council the action taken by certain of its members in the recent case against M'Nickle is opposed to the interests of the ratepayers, and evinced utter disregard or even oi'dinary precaution in the expenditure of the money placed under their control by the citizens by whom they were elected." Cr. Coverlid seconded. Cr. Harrop said that if it was the determination of the Council to pass a vote of censure tipon the Finance Committee he hoped the matter would be held over to a full meeting of the Counoil. Such a course was only due in respect to their worthy Mayor, who should have an opportunity of vindicating himself in the action he had takeu. Cr. Barnett seconded. Cr. Mears had no objection ; his only wish was to show the ratepayers who the guilty parties were. Cr. Coverlid explained that his only object in seconding Cr. Mears's motion was to have the business clone in a proper manner. The question was therefore deferred till next Council meeting. ARREARS OF RATES. The arrears of rates from 1866 to present date were stated by the Town Clerk to be about £80. ELECTION OF ASSESSOR. On the motion of Cr. Coverlid the election was postponed till next meeting. The Council then adjourned,