Thank you for correcting the text in this article. Your corrections improve Papers Past searches for everyone. See the latest corrections.

This article contains searchable text which was automatically generated and may contain errors. Join the community and correct any errors you spot to help us improve Papers Past.

Article image
Article image
Article image
Article image
Article image
Article image

THE CAMBRIDGE TOWN BOARD AND MR J. S. BUCKLAND.

A special mkktinq of the above board was held on Thursday afternoon, for the purpose of considering the action of Mr J. S. Buckland, lessee of allotment 584 a, in respect to cutting down certain trees and removing 1 fence on said allotment, also other business arising out of the same. There was a full attendance of the board, Mr Houghton piesidmg. The Chairman explained the object of the meeting, and read the fallowing notice which had been seived on Mr Bucklind :—: — " You will please take notice that the trees on allotment .">H4a, leaded by you, are the pnperty of the Cambndge TN>w n Board. The streets committee has reported that you have nhe.idy cut down two of said trees without the boaid's permission. I theiefore inform you that the board will hold you responsible for the damage done, and should you after this notice do any further damage to the said tiees legal proceedings will be taken against you." Mr Buckland replied that he was not aware that the trees were the property of the board. He was under the impression that they were his piopeity dining his lease The trees were cut down for the purpose of making mum for catting in and out of the allotment. Had he known the board's permission was necessary he certainly should have asked for it. He now asked permission to trim the lower branches, which would improve the appearance of the trees. Mr (iillett said he believed he had been instrumental in serving the notice on Mr Buckland, and as the only damage done was the cutting down of certain trees, and Mr Buckland having now desisted, ther. 1 was no necessity for taking any further action in the matter. Of course it was necessary to show Mr Buckland that the tiees were the propeity of the board. Mr Hughes said he could not see that j trimming the branches could do the trees any_ harm. In fact he believ ed it would be an improvement. He would propose that Mr Buckland ha\e leave to trim the trees. Mr Asher suggested that the motion should .specify to what extent Mr B::ckl.md should trim the trees. They should do this, lest they had occasion to be sorry for the concession. Mr Hewitt seconded the motion, which was catricd unanimoiihly. Mr Gillett said as far as they could understand it, it was the intention of Mr t Buckland to erect cattle sale j\» ids on the allotment. He considered it was not the intention of the baard in leasing the allotment that it should be so utilised, and it was his object to have this matter fully and comprehensively gone into. He wished his remarks on this subject to be fully reported as it affected tho ratepayers very considerably. At the time the allotments were leased it was specially understood that they were to bo let for grazing purposes. First of all it was discussed as to whether it would be a good tune to lease these allotments for building purposes, and it was thought that it would not be. However, it was thought advisable that something should be done with them, and it wsxh accordingly decided that they should be let for grazing purposes for short terms. The allotment in question was put up to auction along with the othei town endowments and them was no bidder. Then it was suggested by Mr Hughes that as there was no grass in the paddock and it would cost a considerable sum of money to lay it dow n no one would take it foi such a short teim as one year and ho accordingly suggested that it should be let fo; ten year--. Mi Hughes : No, I beg your pardon. Mr Gillett : It was acted upon anyhow aftei wards. He was quite sure tint four out of five membeis of the boaid had no intention of letting the allotment for other than grazing pin pose-. A resolution was passed at the meeting on the 21st August, authon-ing the town clerk to instruct Mr Cow per to lease by auction this allotment in terms of resolution, and Mr Thompson accoidingly made out the conditions of sale and nude a hash of them. He did not say that Mr Thompson did so intentionally. He certainly did not bring out the intention of the boaid. It war.ither vague in the resolution, but in the conditions it was still more vague. | Mr Houghton : The board gave Mr Thomson instructions and he followed them, and we have no right to travel o»er that ground again. Tho thing has been submitted to auction. Whether it was right or wrong to have done that is another thing. The board approved of the conditions of sale, and it was quite out of reason to come here a month afterwaids and object. Mr (iillett : This leads up to what 1 have | to say, and I don't want to be intenupted. I may not be so good at making a speech as the chairman. However— Mr Hnughton : Now don't say anything personal, please. 1 Mr (Jillctt then proceeded. The conditions of sale did not carry out what was intended in the resolution of the meeting. He contended if they had made a mistake, or someone had made a mistake for them, they should endea\our to set it right. Their intention was to let it on a glazing lease, and that only, and all he was going to ask the board was to carry out that inton tion. If they did not do that, then they would not only bo doing an injustice to themselves, but likewise to the ratepayei.s whom they repiesented. This land, foi any puiposu other than gia/.ing, was woith many time-> more than they weie getting foi it. Therefoie they had no right to allow the latep.iyers to suffer in this matter. Mr Asher said he was quite in the dark as to the (iiigiual resolutions passed by tho board. He wished to know what these • evolutions weie, .so that he might be guided in doing Ins duty to the ratepayer. The Clerk then read the following resolution :— "That allotment .">B4 \ be leased for a period of ten years, the boaid reserving the right to dispose of any poition of the allotment for building pui poses, and allow the lessee an equivalent in lcduction of lent for the land taken, to be fixed by arbitiation. Upset puce, £."> pei acre." The Clerk .said he, personally, was of opinion that it was only a grazing lease, and he believed th.it was the intention of the board. In the conditions it said that'when the board took it over at the end of ten years it should be in grass. That was one of the onginal conditions. Clause H said : "In the event of the lessoi disposing of any poi fcion of the demised property for building purposes, an equivalent to be settled bv aibitiation will be allowed from tho total amount of lease at per acre." Mi Ashei wanted to know how the altcra tion was effected— how it was that the conditions of sale were not in accoidance with the resolution ? The Clerk said it represented the very same meaning. It was sufficiently explicit and embodied everything. He did not piofess to be a lawyer and diew up the lease simply to save the money of the board. The conditions of sale, had been on view and had been read by members. If there wns anything wrong in the conditions it was their duty to luve had them altered. Mi Houghton said they had tnsttucted Mr Thomson to draw up the document. They approved of it, and as a board they had nothing more to do than to carry it out, whether it were right or wrong. They had certainly leased Mr Buckland the allotment on tho conditions set forth. Mr Asher asked if tho copy of tho conditions was brought before the board for approval before the sale wan held ? The Chairman replied that the conditions were at tho office for the appioval of membeis-, and if they were not proper it was their own fault. They had now nothing else to do as men of honour but to cairy out this agieement. Mr Asher: If there is a fault I am only anxious that the ratepayers should know where the fault lies. Mr (iillett said he did not intend to cast any slur on Mr Tnomson. The board was more to blame, for they should have em ployed a solicitor in the matter. It was certainly an oversight. Mr Thomson to save •<pense had drawn up tho conditions, and they ought to be thankful to him. Ho atill, however, maintiined that a mess had been made of it. Tho blame attaches to the board. He would move, "Thatbofore tho leaso be signed for allotment .">Ma, or any other lease, it be submitted to tho full bonul for approval. Mr Ashei, m seconding the motion, thought that no member of tho board could object to it. He wan demrous that if anything went wrong afterward* that the •mis should not fall on hit shoulders. Mr (iillcAt said it was tho correct thing to do. He had had legal opinion on tht matter. The motion was carried unanimously. Mr (Jillett said tho second resolution ho had to proposo was "That, seeing the board has contemplated a grazing least*, and that, as the conditions say, the land is to bo left in glass, and as the erection of other saleyards would bo a large loss to the ratepayers, it be an instruction to tho solicitor in prepaiing tho lease to make such terms an to make it a gra/.ing lease, and that section 11 be set out fully mid uiade clear v) acuot dance with tho nsu*

lution of the board nf August 21st." Whatever they might say about the condition-, of sale, lie contended thnt the intention of the board was expressed in the resolution. No ono ever contemplated that the le.ise should be taken advantage of in this way. Itceitainly had been taken advantage of by tome one, and the lessee got the credit of it. An attempt \\ if, being m ide touiethe allotment for put poses <>tln»r than it waH intended. Probably as they h.id agreed to certain conditions they wen* bound by them. He contended they were not, and he had an opinion with him \.hicli went fully into the question, and which clculy showed they weie not bound. Mr Killett then give the substance of the opinion. Mr Hewitt thought it was unneces«aty to introduce .1 lawyer's opinion into the matter. It v.is outside the question. Mr Hought'in did not oiijeit. A good cause would never hurt by being ventilated. Mr (Jtllett : There is no one who can force us to cany out these conditions of sale unless we like. Therefore if the conditions of sale are not what we intended v\o have a right to rt'fu«e to act upon them. I don't think we can legally do anything el*e. There is no minute of the board alteting the ongin«al conditions of lease. We want a lease drawn up in terms of those condition*. Mr Houghton : But are you not awaio that the receipt of money in connection with this document 18 binding? Mr Gillett said it was not binding. He had taken the trouble to asceitam. As chairman of the board, it was Mr Houghton's duty also to ascertain these thing-. The agreement was not binding in any shape or form. He did not ask the board to deprive Mr Buckland of the lease, but they must grant him or any other man a lei«e according to what was intended, and not allow themselves to betaken advantage of. Their businc»,s was to make the ratepayers secure. They were there for that purpose, and should do their duty. Mr Hughes said Mr (iillett's motion asked them to do what he as a private individual would nevet think of doing, and as member of the boaid was now going to do. He had guen the matter very careful consideration and he could only arrive at one conclusion, if they passed Mr (iillett's resolution they would be doing an injustice to Mr Buckland, 01 whoever leased the allotments. Mr Gillott remarked that if Mr Bnckland had read the condition of sale in the first place, he would never have taken the allotment at all. He did not believe he ever saw the conditions. Mr Hewitt thought it would be a disgrace for the board to do as Mr (Jillett suggested. If they had made a mistake, it was ceitainly not proper that they should put their.selves nc;ht by doing wrung to Mr Buckland. Mr Gillett : Oh ! of course, you arc in it. Wo all know your opinion. Mr Hewitt: I don't wish to be personal, and I don't wish you to be penonal in your remarks towards me. Mr Asher, m rising to second the resolution, said he was nlaced in a rather awkward position by the misdeeds of the board, because he considered there had been great carelessness shown m the drawing up of the agreement. He wixhed to draw attention to the loss which the ratepayets would e\ perience through Mr Buckland throwing over the town s.ilcyards. He was against anything which meant a loss to the levenue of the town, and rather, as a member of the boaid, than be a pirty to any such tlnng, he would pr-fei to pay £.">0 out of his own pocket. He did not think Mr Buckland was to blame. He had only done w hat he (Mr Asher) would have done. He would ask the members of the boaid whethei they wcie not satisfied that the allotment was to be let for crazing purposes only? If so, they would be doing a veiy wrong tiling, indeed" to sanction the election of these saleyatds in any way whatever. Mr Hughes proposed as an amendment, "That the board abide by the conditions of sale." The clerk had been iiistiucted to prepare the conditions of sile by the resolution". If they refused to keep to their agieement they would be defrauding Mr Buckland, and he would not be a patty to any such thing. Mr CJillctt : You will either have to defraud one side or the other. Mr Hewitt seconded th-.> amendment. Mr Houghton .said on it becoming known that Mr Buckland was going to erect a saleyard on the allotment, Mi Russell came to him and said it was his intention to apply to the board for a lease of p.ut of the frontage whereon to eiect a printing-office. He was rathei smpri.sed at his indiscretion. Mr (Jtllett did not see what this had got to do with the question. Mr Houghton said that the fact of Mi Buckland building these saleyaids would enhance the value of the other endow ments adjoining, and the board would be able to dispose of them at three times their present value. In fact, he knew of men who were looking after them aheady. Mr (Jillett .said his object in bunging this matter forward was simply to let the ratepayers know how things stood. Of course, the matter was not going to end there. Mr Hewitt suggested to Mr Hughes that he should include in his amendment that Mr Buckland be allowed to build anything he liked on the allotment. Mr Hughes did not -lccede. Messrs Hughe 0 , Hewitt, and t'le (hairman voted for the amendment, \rlnch was cained.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/WT18850926.2.17

Bibliographic details
Ngā taipitopito pukapuka

Waikato Times, Volume XXV, Issue 2063, 26 September 1885, Page 2

Word count
Tapeke kupu
2,612

THE CAMBRIDGE TOWN BOARD AND MR J. S. BUCKLAND. Waikato Times, Volume XXV, Issue 2063, 26 September 1885, Page 2

THE CAMBRIDGE TOWN BOARD AND MR J. S. BUCKLAND. Waikato Times, Volume XXV, Issue 2063, 26 September 1885, Page 2

Help

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert