PIAKO COUNTY COUNCIL

Waikato Times, Volume XXX, Issue 2435, 18 February 1888, Page 2

PIAKO COUNTY COUNCIL

The usual monthly meeting of the Piako County Council was held at the Plklmux Hotul, Morrinsville, yesterday, at 10.30 a.m. Present Crs Chepmell (chairman,) Heaiiey, Williams, Murphy, Brunskill, Mills, and Gould. Mr Pavitt, County Engineer, was also in attendance. Interest.—An application was received from the Secretary to the Treasury, requesting that the sum of i!(i!) 12s Gd, interest on the loan of .£2784 l!)-s 7d, under the Roads and Bridges Act, be paid into the Bank of New Zealand at Cambridge, this was done by the clerk, and his action was confirmed by the Council, Clauk's Drain,—Mr Jas Clark wrote asking to be allowed to put pipes from the drain under the road into his property in order to get water for domestic purposes. The pipes he proposed laying down would be 4 inch glazed tile pipes, and ho would do the work at his own cost, and be responsible for any damage that ti.ight be sustained in the future. Cr. Gould moved that no action be taken in this matter, seconded by Cr. Heaney and carried.

Mangawheho Bridge.—W. F. Haselar drew attention to the bad state of the. road over the Mangawhero bridge, communication from his property with the Oxford road being almost impossible. He enclosed ■a estimate from B. Ward, to put in a culvert, which would stand for years at tho cost of £12 10s, and asked that the Council grant this sum to have the work done.—Letters were also received from Messrs Jas. Hume and Jas. Bailey, calling attention to the necessity for this work. —The Chairman moved that the clerk ascertain whether the road is a county one, and if it is that the work be undertaken.—Seconded by Cr. Brunskill and carried.

Shafteshuuv Roar— Mr E. F. Roche wrote, drawing the Council's attention to the bad state of the Shaftesbury road at its junction with the maiu road, owing to the water running down the centre of the road. He said that if tho Council would supply the pipes (12 inch ones would do) the ratepayers living near would h'ni the labour necessary to lay them to carry the water away, and he would see that the work was dona properly—On the motion of Cr. Murphy, and seconded by Cr. Mills, it was resolved that the 12 inch pipes be supplied as requested, the work to bo done to the satisfaction of the county engineer.

Tio Ahoiia Wokks.— the Te Aroha Town Board pointed out the bad state of the county road near the Bank of New Zealand, at Te Aroha, caused by the water from the Domain flawing across the road and making a ditch through it, crossed only by a narrow bridge, and from which an offensive smell arose in the .summer months. They requested that the County Kngineer be instructed to fill the ditch in, and the road made level. Attention was also called to the state of the footpaths on both sides of Whitaker-street, which needed repair, and also to that part of the county road in Budge-street from the approach to the railway crossing towards the river, and unless something was done before the winter sets in wheeled traffic would be greatly impeded. —The Engineer said that 18-inch pipes would have to be laid to carry the water away from the domain, and the cost would be about £25.—Cr. Gould moved that no action be taken in this matter, and said he thought that tho Te Aroha riding wanted too much work done for the amount of rates paid, and thought they ought to confine the extent of the work required to the rates.— Cr. Hoaney said that if this work could be paid for one of the rates collected. in the To Aroha riding he would voto for the work, but he did not see why the work should be paid for out of the general revenue of cho county.—Tho Chairman seconded Cr. Gould's motion.—Cr. Mills moved as an amendment that 18 inch pipes be put in. He said that they did not wish to draw on the county revenue, for if the cost could bo met hy a special rate levied on the riding.—Cr. Murphy seconded the amendment, and in doing so said that the council seemed to have set its face against the Te Aroha riding, and he thought that it would not be long before To Aroha would be formed into a borough.— Tho Chairman then put the amendment to tho meeting and it was lost, the voting being For: Crs, Murphy and Mills. Against: The Chairman, Crs. Brunslcill, Heaney, Gould and Williams. The voting for the motion being vice-versa, it was therefore declined carried. The Clerk was instructed to inform the Town Board that. Hridge-streot was not a county road and thr.reforo not under their control.

T.\U»A\rtA-CA.MIIRID(!B ROAD. —.V letter was roceivod from Mr (!. Walker saying that as the Council had not taken advantage of his offer to allow a certain deviation of the above road to run through his property and sis the public use the road running through his private property, causing him much annoyance and inconvenience, ho

would have to lock his gates and stop tho road. It was resolved that a copy of Mr Walker's letter be sent to tho Minister for Public Works pointing out that the road is a government one. Valuation , Ror.r..— A. W. Roe wrote, asking that his name be struck olf the roll for section 33, Waiorongomai, and that of J. Hurst be in-ierted instead, nnd also that his name be struck off for sections 25 and 54 Te Aroha West and the names of Adams and Burton respectively inserted. Mr W. fi. King wrote asking that his name be put on the valuation roll for the three allotments lately owned by Mr L. Green of Te Aroha. The clnrk was instructed to take the usual stops in these casos. Thamway.—A letter was written to Mr Gillillan Secretary to the Battery Co asking for a cheque for £-15 11s 3d, amount due for 3 horses taken over by the Battery Co., and asking that the price for the fourth horse be settled as soon as possible. The following reply was received from Mr Gilfillan : — "Auckland, 10th February, 1838. Air Chas. Tuck, Clerk Piuko County Council, Cambridge.—Dear Sir,—l am instructed to acknowledge the receipt of your letters of 2nd January and 2nd February, and to reply thereto as follows:—With respect to the delay in handing over the tramway, I have to point out that this company wrote on July 28th, stating its willingness to sign the lease and bond, and yet the line was not handed over until three months after. Wo shall not move further at present in the matter of claim for loss of profit or wear and tear, to which we consider we nre justly entitled, but shall, as may be necessary, at some future time, take steps to assert our claims in this matter. With regard to the wire ropo and horses, we have no use for the former. Respecting an arrangement mentioned by you in your letter of 2nd February, regarding the purchase of horses, we were much surprised to hear of the same, as it was the first intimation given to us of the affair. Your letter of 2nd February has been referred to Mr Adams, who states in reply that, " the arrangement you mention was talked over on the tramway, but he and those representing the Council, never came to any understanding regarding horses or anything else in connection with the line." He goes on to say that, "he values the horses at £8 10s each, and we are prepared to pay for the four horses and harness at this rato, viz., £;!4." While writing, I m»y us well draw your attention to the fact that thorn is a hoisting engine on the lino belonging to the Council, which is deteriorating very much, being exposed to all weathers, and unless protected in some way, it will in timo be valueless. Should you desire this to be protected in any way I shall be glad to instruct Mr Adams accordingly. We shall bo glad to receive our copies of the tramway lease and bond at once, as we have not yet got them. — I am, dear sir. Yours faithfully, H. Gilmi.lan, Secretary." The chairman stated that th-J sum agreed upon by Messrs Adams, acting fur the Battery Co. and Gavin, acting for the.Cnnncil, was £15 3s 9d per horse, for three of the horses, i.e. 75 per cent of the original cost, namely, £20 per horse and 5s each delivery fee. The fourth horse, the most valuable one, was to have been taken at a valuation, ns he had been injured. —Cr Brunskill moved that the matter of sale and price of tramway horses be left inthehands of the chairman, seconded by Cr Heaney and carried.

Legal Opinion.—The Clerk having written to Mr Hay for his opinion on the matter of rates, the following reply was received :— " Hamilton, Uth January, ]HSIi. C. Tuck, Chiiirinan Piako County Council, Cambridge.—Deaii Silt—ln your letter of Ist. February, duly received, you ask for my opinion on throe several points regarding the liability of Mil occupier for rates, and I think it will be clear and more convenient if I give your question in each case first, and °my opinion upon it immediately following. I do not think it necessary to touch upon all cases and authorities, I have looked up as it would take too long, but will content myself with giving such an opinion as will be a plain direction to you. Question l.—'Ts an occupier within the meaning of the Hating Act, ISS2, liable for rates after ho had ceased to occupy or does the bare fact of his having ceased to occupy exonerate him from all liability m resppct of such rates ?" Answer :-lam of opinion that the occupier becomes liable for the rate if he is de facto mi occupier at the time the rate is made and his name appears on the rate book. It is not sufficient in itself that his name should appear in the ratebook. He must also bo an actual occupier at the time the rate-bonk is made, and he is at liberty to prove the fact at the trial that ho was'not an occupier at that time. Ceasing to occupy will not exonorate. 1 read the words " actual or beneficial occupation " in the interpretation given of " occupier" in section 2 of the Act to mean actual or beneficial occupation at the time of making the rate-book. By section 215, a person failing to pay n rate 14 days after demand becomes liable for it as a debt. "Person , here menus the person named on the ratebook, and to him the debt then attaches. Section 28 makes it plain that the occupier is liable for all rates becoming due while his name remains on the rate-book, and where the rate is payable, by instalments the occupier has a right to recover for the incoming tenant all instalments coming due after he has ceased to occupy, and which he has paid. This seems clearly to contemplate the direct liability of the occupier to the local anthority, and points to the fact that when the rate is payable in one sum, and the occupier has paid it, ho cannot recover from the incoming tenant. Question 2: " If he is liable for rates made before the termination of his tenanoy as oocupier, does hestillcontinueliable for his rates made after such determination, no notice having been recived by tho local body, after having ceased to be occupier. Answer.—"l am of opinion that the rates made after former occupier has vacated the property, he is not liable notwithstanding that his name may be retained upon the rate-book. The ratebook is evidence only unless the contrary be proved, and the former occupier would be in a position to prove the contrary notice is immaterial. Walton Park Coal Company v. Taieri County Council, New Zealand Law Reports, s.c, p. 318, is in point here. Question 3.—"Does the fact of his having notified the local body that he has ceased to occupy, relieve him of his liability for rates made before receipt of such notice." Answer.—lrrespective of any notification if he has in fact oeased to occupy at or before the time of the rate being made he will not be liable."—The opinion of Wμ. Macgregor Hay." Donkey Engine,—Cr. Mills moved that the donkey engine mentioned in Mr Gilfillan's letter be sold by tender.—Seconded by Cr. Heaney and carried. I°ateteke Loan.—The Clerk wrote to the Colonial Treasurer, calling attention to the application of tho Council in May last for a loan of £1500 for the Patetere riding. Slaughterhouse License. —Mr J. Wood, Te Aroha, wrote, applying for a renewal of slaughterhouse license.—Granted. Resignation.—Cr Smith tendered his resignation from the Council. Resignation accepted. , Elixtokal Roll.—Messrs Grant and Hunter applied to be put ou the roll in place of Messrs Larkworthy and Firth respectively. The chairman was authorised to make the alteration in tho rolls, if it be found that the application be in accordance with the Act.

Plaue of Meetisg.—Cr Murphy, in accordance with notice given at last meeting, moved that in future the meetings of the Council be held at Te Aroha. Seconded by Cr Heaney and carried, the voting being for Crs Murphy, Heaney, Brunskill, and Mills, against Crs Gould, Williams, and the chairman. It was resolved that the next meetbe held in Mr Pavitt's office, ou Thursday, sth prox., at 4.30 p.m. NOTICB OF Motion , .—Cr Gould gave notice to move at tho next meeting that in future the meetings of the Council be held at Morrinsville. Waiouoxgomai-Te Ahoha Road.—Cr. Murphy moved that £40 be expended on this road. Cr. Mills seconded the motion and Crs. Gould and the chairman spoke nsnunst it. On being put to the meeting the motion was lost Cr. Murphy said that the Council by negativing this motion was addine another stone towards Te Aroha becoming a borough. Cajihiudcse-Taiti-O Road.— Tho Clerk was instructed to ascertain whether £50 had been voted for this road and if so to apply for the money. PuTABUKU-Oxroiin Road.—Cr Williams gave notice to move at next meeting, that half the sum (£(J0) spent by the Patetere Land Company on this road be refunded to thorn.

Accounts.—An account of £3 8s for the Survey department for looking over plans of roads in Hinuwera district was returned for reference to the Minister of I'ublic Works. The following accounts were passod for payment:—T. H. W. Ynto, (tramway, for sacks), ,t'2 14s ; C. M. Brunkskill, (travelling espouses), £4 4s ; C. Tuck, (travelling expenses), £1- 10 s (| d ; I Bate's (dog collars), £o Ms Sd; K.M. Court, (rate cases, costs), £0 10s; K. Michael, (Clark's drain), fclO. The Council then rose