NORTH COUNTY COUNCIL.

Wairarapa Daily Times, Volume XI, Issue 3706, 9 January 1891, Page 2

NORTH COUNTY COUNCIL.

The ordinary monthly meeting of the Wairarapa North County Council was held in the Chambers yesterday, there being present:- -Crs W H Beetham (chairman), Groves, Guild, Bayliss, Haudyside, Cockburn-Hood, Maunsell, and Smith. The minutes of the previous meeting werb read and confirmed. Correspondence. From M Kelliher, asking for per mission to allow his blacksmith's shop to remain on the County road at Eketahuna until that road was required. Cr Smith said he did not think the building interfered with the road.—Referred to the Eketahuna Koad Board, as the matter did not come within the jurisdiction of the Council, _ From P. Carr, asking for an extension of time for his contract on the Masterton-Waimata road. It was decided that as the contract had not been carried out it be cancelled, and a small amount of money be expended on the work. From George Franklin, resigning his position as poundkeeper in the Mauriceville district. The resignation was accepted. From George McCurdy, applying for the position of surfaceman on the. East Coast road. Referred to the Engineer.

From a resident of the Coast, requesting that a man be sent at once to repair the Whaveama road near Blairlogie, as the wool waggons were now using it, and a serious inconvenience would be averted by prompt action. Eeferred to the Engineer. i From Mr Hopkins, asking permis- | sion to cut grass for grass seed in Cosgrove's saddle on the Alfredton road. Cr Guild moved that the Council does not wish to interfere with any person cutting the grass seed along the road, Cr Hand} side seconded. Carried. From Mr Geo, Moore, Eparaima, requesting permission to remove a gate to his boundary fence.—As no objections were raised by the neighbours or the Engineer, the request was granted. From Messrs E, Mason and Moriarty, calling attention to the willows and poplars growing in the Whareama river, and requesting that they be "topped," to prevent overflows. —The Chairman thought the willows a great nuisance, If they were allowed to thrive the course of the river might be diverted.—Cr Guild suggested the formation of a River Board by the settlers to deal with the matter.—Cr Groves called attention to tha fact that the river overflowed before the trees were planted.—Cr Maunsell predicted that with the trees in the river there would some day be a tremendous flood in the district.—lt was decided to reply that the Council has no funds to undertake the work, but advises the settlers, if they consider it necessary, to form a River Board. Slaughtering Licenses. Five applications for slaughtering licenses within the County were

granted. The late Albert Spaceman. The report of the committee appointed to inquire into the claim of the relatives of the late Albert Spackman for £6OO damages, whioh was held over from last meeting, was read.

The opinion of the solicitor oft the Council was also read, urging that thje course of arbitration be not adopted. Cr Maunsell strongly objected to submitting such questions as these to arbitration. A letter was read from Mr Pownall on the subject, accepting the proposal of arbitration without prejudice, but stating that if some such course was not adopted the matter would be taken into Court, Cr Haudyside thought this was an attempt on the part of the solicitor of the relatives of Spackman to blackmail the ratepayers. He would move that the claim of Mr Pownall for £6OO be not entertained, Cr Guild seconded the resolution. He had viaited the spot, and believed there were very many more danger-*, oub places in the colony. Cr Cockburn-Hood agreed with the resolution. He had been at first in favor of adopting the report, but in face of the opinion of their solicitor he did not think it. wise to submit to arhjtitiQn, Cr Bayliss thought that by adopting a course of arbirtation a bad precedent would be established. Cr Groves was of opinion that if tb9re was any just claim it should be entertained, b,ut if there was not they should not undertake to submit to arbitration, Cr Smith agreed with the opinion, already expressed. The Chairjuan, as one of the Committee appointed to report, said he had now arrived at the conclusion that the proper place for the ratepayers to show their sympathy with the relatives of the deceased was through tho Benevolent Society. The resolution was then put and carried.

Moore v. Mehemth. , The solicitor to the Council for- [ warded an opinion that the claim for costs in the above case should not be entertained. The Chairman stated that how- • ever much they might sympathise with the claimant, the Appeal Court had decided that the road on which the money was expended was not a public one. Cr Cookburn-Hood understood the position was whether or not th e Council wasjuatiiied in paying the costs incurred in the case against the opinion ol thoir solicitor. Cr Guild thought that the costs were a liability on the Whareama Road Board, If the Council did not take over this liability they could not reasonably take over the affairs of the Board. The Chairman said his sympathies were with Mr Meredith throughout, but it was a question whether the members of the Council were prepared to put their hands in their pockets, and pay the costs;, should the Auditor-General refuse to pass the Horn. He did not think the item would pass the Auditor. At the same time he agreed with the decision of Judge Richmond that the road was a public one. Tho Council could levy a rate if the claim was a legal one, but if not, the members might have to pay the amount out of their own pockets. Cr Groves: Can we get the opinion of the Auditor on the subject ? The Chairman thought they might do so.

Qr Quiltl wished to know the position of the road. The Chairman explained at some length how the road happened to be taken over by the Whareama Road Board. Mr Meredith, who wag present, stated that he would not aooept payment if he thought it was to coiue out of tha pockets of the WQtuber*. The district as awfeqlo

ilearly responsible for the debt,

HMhad taken action upon the auTnVity of the Whareama Boad Boand, thinking that the road referred to was a public one. The Court of Appeal had" decided against him ou a technical point. But the Council should not be guided by the Court of Appeal. It was a que.lion between himself and the Board. If the Council would agree to pay the costs, he would sign a bond to indemnify the Council for any loss they might sustain thereby. He would suggest that the matter be referred to a solicitor in either Napier, Auckland or Dunedin, so that local prejudice might not be introduced, and he would pay the costs incurred if the decision were reversed. Cr Guild wished to know if Mr Meredith was willing to abandon his claim upon the Council if the amount was not paid by the Audilor-General.

Mr Meredith would like to hear the opinion of other members of the Council on the question of the legality of such a course. The Chairman stated there were not sufficient funds in hand to pay the amount, and they would have to strike a general rate. Ratepayers might then object. Cr Groves thought they could not pay the claim against the decision of the Appeal Court. They should take the opinion of their solicitor on the subject. After some discussion Cr Smith moved that if the Auditor-General expresses an opinion in favour of the claim, the amount be paid. Cr Handyside seconded. The resolution was put and carried. *■ Finance. The report of the meeting of the Pinince Committee was re«d. The Treasurer reported the balance in hand ou the general account to be £704 13s, and the cash account £644 5s Gd. The receipts for the past month were £702 13s lid. ■ Accounts amounting to £412 18s 5d were passed for payment. The report was adopted. Engineer's Report.

The report of the Engineer was read as follows : Sir—l have the honor to report on the progress, &c, of the public works of the County during the past month, as follows: Masterton Riding,—Masterton to Waimata road.—The Taueru bridge painting contract was finished on the 22nd ult. The cost per superficial yard, of performing the work, with Carson's paint, has been G£d for the first coat, and when allowance is made, owing to the harshness and dryness of the timber from long exposure to the sun and wind, for the large absorption of oil, the result may be regarded as satisfactory. There is little doubt but that the full number of coats could be laid on at a cost in excess of the ordinary paints, of not more tlnn a penny per yard super., but it would not be necessary, in my opinion, to give more than two coats of this material where three of the I ordinary colors would be necessary. This would probably make it cheaper even in the matter of first cost, besides seouring the advantages claimed for it in the matter of its durability. Castlepoinx Ridino,—Masterton to Waimata Road,—Contract No. 40. (Metal quarrying, Mangapakeha). Advice is to hand that operations on this contract have been started, but, as time has not permitted of its being inspected since then, I am not in a position stone has been procured. Contracts for metal haulage have beou offered for public tender On the various mam lines of road in the County; tho results will be placed before the present meeting for consideration. Wainuioru Riding.—Whareama

District. The application.of Mr Thos Hitchmgg to remove and re-erect n gate on the Uriti District road has

been investigated, and authority granted to make the alteration in

terms of his request. lioad repairs, under the direction and supervision of M r George Moore, are now proceeding on the Blairlogie and Eperaiina sections of the district.

Alfredton Riding—Hketahuna to Tenui Road.—Tenders for the proposed loan expenditure for metalling between I<ike.fehuna -and Alfredton wore examined by members, of the Works Committee 27th ult. when it was determined to adjourn their consideration till the present siting. Contrasts No 21, 24 (road formation). The works were again examined on the 17th of last month, but were not found in a condition which would justify their being taken off the contractor's hand.

In connection with the proposed road extension through Mr H. Burling's property, tenders will be placed before the Council which deal with the fencing of the road reserve together with the construction of that portion of the earthwork which is necessary to make it available for bridle traffic. It would appear, however, that claims against the loan other than for construction purposes, will reduce it so considerably as to make it questionable whether it will be possible to deal with any portion of the formation, much less to open the line throughout for wheel traffic Under such circumstances it is desirable to con* sider what steps should be adopted to raise the balance required to render the new hue of any "material service to its promoters, who as matters now stand, will sufler grave inconvenience if the road is fenced and closed against them to wheel traffic. It would appear that the Alfredton Road Board could not have had reliable data before it when the loan was raised or that the construction of the road was not con« teuiplated in thi3 proposal. Opaki-Manawatu road—Contract No 28.—Maintenance of the streets JIL. Tll_-i-l _ i . . -

of the Eketahuna township for a term of tbree years with a further contract for conduction of footpath i cart crossings in the same will be : considered by the Council at this i meeting. , Akitio Riwng—Masterton to Waimata Road. Contract No. 11 (Mataikuna reef outu'ng). Notic9 to i proceed with this, which was let on I the 17th November, was served on|

tno contractor on tue otu .December, but has bo far produced no effect. \ Under the circumstances it would be desirable that tho Council should decide whether tho contract shall be determined or a further extension of time granted far its fulfilment. I am, &c, C. E. IiBEMNi;;;, The report was adopted. Tenders for various works within the County were then dealt with. Tut; Taueru ToiiLuATK. Or Groves move J that the Taueru toll<?ate be abolished and a rate struck to pay in'.erest on the £BBOO low. Cc Handyside seconded. y Cr Maunsell moved au'J (L'r Smith seconded, that it is desirahloj.to tako tbeopiuio» of the ratepayera within th&Bpecial rating area IvsUo the

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Cr Groves then withdrew his motion, and tho motion of Cr Maunsell was put an carried, Ordinary. Cr Maunsell and Groves having been appointed a committee to state a caee for the consideration of the Auditor-General in the-maiter of Mr Meredith's claim, the meeting adjourned.