BOROUGH COUNCIL.

Westport Times, Volume VII, Issue 1108, 19 September 1873, Page 2

BOROUGH COUNCIL.

At the weekly meeting held on Wednesday evening last, his Worship the Mayor, and Councillors Whyte, Blacklock, Stitt, Organ, Suisted, Munson and Sheahan were present. The minutes of the previous meeting were read and confirmed, after amendment by Cr. Whyte, altering a paragraph having reference to a letter written by Mr John Munro on behalf of Mr Jules Simon, Mr Munro having disavowed any intention to apply, as stated, on his own behalf for the leasing of Municipal reserve*.

Councillors Sheahan, Munson, and Suisted, as newiy elected members, made the statutory declaration to faithfully perform th-3 duties of office. A letter from Mr Munro repudiating the imputed intention of seeking to lease reserves, was read, and the Town Clerk instructed to reply thereto.

A letter was read from Mr J. B. Fisher giving legal opinion as follows : " Westport, September 17, 1873. "To his Worship the Mayor and Councillors of Westport.

" Gentlemen, —The Town Clerk has forwarded the following question to me for my opinion: ' Has the Council power to rate property on the Coal Quay Besei ve.' Since its receipt I have communicated with his Honor the Superintendent for the purpose of learning the position of tenure of the reserve. I asked his Honor, 'ls Colliery reserve vested in you under Public .Reserves Act, or is it still vested in the Crown,' to which his Honor replied, ' Crown Grant has not been issued for Colliery reserve, which is therefore under the control of the Waste Lands Board.' Assuming from his Honor's reply that the Crown has not yet parted with its interest in the reserve I consider the Council have power to rate property on the Coal Quay reserve as lands of the Crown, occupied under lawful authority. " I may state that while giving this as my opinion I feel there is a case for the other side, and would urge immediate action towards obtaining a conveyance of the reserve to the Council, as promised by the Superintendent on occasion of his last visit to Westport. There is no obstacle that I am aware of to the attainment of this end before a rate can be struck.—Yours, dec, "J. Bickerton Fisher." Applications were received from persons willing to perforin the duties of valuer, and offering their services at the following terms : —John Munro, £SO ; William Lloyd, £3O ; E. Labatt, £25 ; J. R. Eraser, £25 , Johu Clarke, £24 ; John Batferty, £lO. The Mayor proposed that the applications should be referred to a Tenders Committee, to be appointed that evening. Seconded by Cr. Whyte. Cr. Organ thought the terms of advertisement, and the offers made in response were all too vague, neither one or the other defined *,he precise duties required or those the applicants were willing to perform. He thought that a clear understanding shouid be at once sought, and moved as an amendment,

That the Council now deal with the Tenders. Seconded by Cr. Sheahan. On the original motion being put 4 members voted for and 4 against it The Mayor giving his casting vote in favor of his own motion.

The Public Works Committee (Messrs Organ, Bkcklock, and Sheehan) brought up their report. The report, which was voluminous, referred to the fact that any efficient river protective works would be utterly beyond the resources of the Council, and that the cost and responsibility of protecting the town from destruction must necessarily be left to the General Government. It referred also to the deplorable sanitary condition of the town arising from defective drainage, and recommended that the clearing anil periodical cleansing of drains should be a first charge upon the funds of the corporation, and penalties should be enforced against all persons depositing rubbish or obstructions therein, and also that a comprehensive scheme of effective drainage should be adopted. In reference to road and street formation the Committee recommended the improvement of Palmerston street, the widening of Wakefield street at the approach to the wharf, the clearing and formation of Fonblanque, Mill, Bentham, Adderly, and Bintoul streets, between Palmerston street and the river bank, and the opening up of either Bright or Lyttelton street by a roadway 14 feet wide, from the intersection of Palmerston street to Russel street, thus connecting Palmerston street with the main beach road northward.—Protection or grants. On this subject the Committee expressed opinion that, awaiting the development of the coal trade, no present right or protection should be granted along the harbor river frontage, but that in dealing with such matters hereafter the interim right of occupation of wharf, now claimed by Mr M'Leod, should receive liberal consideration.

The report as read was received and held over for future discussion.

The report of the By-law Committee recommended thai the 13th Schedule of the Corporation Act, 1867, should be adopted as the By-laws of the Council. Cr. Organ objected to the Schedule being adopted in toto. It contained, he said, many objectionable and unnecessary

clauses that should be first excised. For this purpose lie proposed as an amendment, That the report be referred back to the Committee. Cr. Munson wanted to know what the schedule contained, As a Hew member he was totally ignorant of the whole affair, and would like to hear the schedule read. His Worship explained that it Was somewhat lengthy, and the reading might be found tedious. Cr. JSheahau explained that the Committee had considered thfi matter and found it was impossible to CUt up the schedule without rendering it unintelligible. If, in the course of operations it was found that any clauses proved objectionable they might be easily rescinded. He thought the most practicable plan would be to adopt the whole schedule and abandon any unnecessary portion thereafter. Cr. Whyte expressed the same opinion, and pointed out that it was necessary to adopt By-laws at once as a starting point for the real work of the Council. The amendment finding no seconder, lapsed, and the report was adopted. Cr. Whyte proposed that a By-laws and Regulations Committee should be appointed consisting of Crs. Sheahan. Thorpe, Munsou, and the mover. The object of the motion being the consideration of the By-laws and the amendment of any objectionable features. Carried. Pending the receipt of the customary corporation seal it was decided to adopt a seal bearing the legend Jldes rian mutata. His Worship said Cr. Stitt had called his attention to the fact that the Provincial Government authorities were collecting watermen's license fees, though the right to do so had become vested in the corporation, and he moved that the By-law Committee should enquire into the circumstance and report thereon. Cr. Suisted thought it likely the same question would arise as to the dog-tax. The motion was carried. The Mayor proposed a vote of thanks to Cr. Whyte for his services as Acting Town Clerk, which was carried nemcan, and Cr. Whyte acknowledged the compliment, Crs. Sheahan and Blackloek brought up for adoption, a memorial to the Minister of Public Works as follows '. — "To the Honorable E. Richardson Minister of Public Works in the Colony of New Zealand. The petition of the Undersigned Mayor and Councillors of the Borough of Westport. Humbly ShoWeth.—That at a meeting of the Council held on the sth day of September, 1873, it was resolved,

That a memorial be addressed to the Colonial Government directing attention to the anomalous condition under which contracts for public works have been let within the Buller district, and urging the necessity of an alteration in the system. That snch resolution was deemed necessary and expedient by reason of long continuing complaints made by working men throughout the Buller district, that contracts for public works —in nearly every instance where such works have been effected by direction of the General Government have been given to men whose standard of fitness to be entrusted therewith has been judged alone by the low price at which they have offered to do the work, and thus the contracts of impecunious men have been adopted, and, as a necessary consequence their employees have been put to much trouble and oftentimes loss, in obtaining payment of their just dues.

That your petitioners are convinced the system of accepting the lowest tenders, without questioning the commercial status of tenderers, or adopting precautionary measures to ensure the faithful and speedy discharge of the terms of contract, is radically wrong, and calculated neither to promote the effective performance of public works or the just liquidation of ciaims in connection therewith.

That your petitioners are of opinion that the system adopted in Westlandof making each contractor find sufficient securities for the completion of his work and payment of all wages to his employees, is a good system, and that its adoption in any contracts for further public works in the Borough of Westport, or District of Buller, would prove of great benefit. Your memoralists therefore pray that you will sanction such measures as may in your opinion prevent a recurrence of the evils complained of." On the motion of Cr. Whyte, seconded by Cr. Munson, the memorial was adopted, and the Town Clerk instructed to engross the same and obtain the signatures of members of the Council. Cr. Stitt proposed that Messrs Whyte, Munson, and the mover should be appointed a «* Finance Committee,'' but on the suggestion of the Mayor, he amended the motion for the appointment of a «• Finance and Tenders Committee." Carried. Cr. Stitt repotted that the memorials from the Ngakawhau and Mokihinui residents, asking for a postal service, were in course of signature, and would be returned before the next meeting of the Council. NOTtCE OF MOTION. By the Mayor—That at the next sitting of the Council the remuneration to be paid to auditors and assessors should be settled. The meeting was then adjourned until Wednesday next.

RESIDENT MAGISTRATE COURT, (Before Joseph Giles. Esq., R.M. TtJESUAY, SEPTEMBER 16. POLICE CASES. Henry Maguire, for drunk and disorderly conduct, was on the 14th inst,j fined 20a, or in default 48 hours imprisonment. George Button; alias Torkey, foi? being drunk and disorderly at Sheahan'a Hotel, in Lyttelton street, on the night of the 15th, was fined 20s, or sentenced in default to 48 hoUrs imprisonment. CIVIL CASES. Miles MacPhadden v. Henry Sinnamon.—Adjourned for service of summons at Reefton. P. J. M'Kenna v. Peter Ferguson.—" Claim tot. £5 9s lOd. Judgment confessed.

Jules Simon v. Adolph LeJeune.— • Claim for £1 14s 9'd, goods supplied. Judgment by default. Costs, 9s. Henry Hibberly v. Alpine Quartz Mining Company.—Claim for £27 (5s Set wages alleged to be due. Proceedings had been commenced in the absence of the managing director, and the case was adjourned until the 23rd instant, the Court reserving order as to Costs of adjournment. Callaghan and Rathbun v. Carne.— Claim for £7 for iron sold. The' amount of Claim and costs, 13s, had been paid in 5 minutes before the Court was opened. Plaintiffs, by their counsel Mr Shapter, applied for aud obtained additional costs 41s. Wednesday, Sept. 17. Henry Maguire, for drunk and disorderly conduct, was again fined 20s, or in default sentenced to 48 hours imprisonment. On a second charge of being convicted of drunkenness three l timas within three months he was sentenced to 7 day's imprisonment with hard labor. WESTPORT WARDEN'S COURT. (Before J. Griles, Esq., AVardea.) Applications. Joseph Forsyth and others for tailrace —Granted. William Foung and two others for abandoned tunnel at M' Eenzie's Creek. —Granted.

F. B. Eeed for agricultural lease for' area granted to John Faris, situated at Turanga Bay, Charleston Road. John Paris attended to oppose the application; on the ground that he had never relinquished possession), and had paid all arrears of rent. The Warden said the application could not be recommended; and Keid ultimately withdrew it.