HAMILTON BOROUGH COUNCIL.

Waikato Times, Volume XXXI, Issue 2551, 15 November 1888, Page 2

HAMILTON BOROUGH COUNCIL.

The usual monthly meeting of the Hamilton Borough Council was held in the Council Chambers at 7.30 p.m. on Tuesday. Present: His Worship tiie Mayor, Crs. Knox, Tippon, Salmon, Wood, Bell, von Stunner, Junes and Frear.

Requisition.— After tlia minutes had been read mid confirmed, Or. Knox moved the adjournment of the Council to allow him to present a requisition to His Worship, ashing him to allow himself to be again nominated to the ofHco of Mayor, Cr Knox then read the requisition as follows Isaac Coates, Esq., Mayor of Hamilton. Sit-,—We, the undersigned burgesses of the Borough of Hamilton, respectfully request that you will allow yourself to be placed in nomination for the ollice of Mayor for the next twelve months, and we at the same time pledge you our support. Here follow 3'J names of burgesses, including those of all the Councillors present. —The Mayor *aid that the requisition came on him rather asasurprise. He had intended not, to again as ho would 1 e leaving the about December for some little time, to attend to his business in Palmerston, and thus would not be able to give proper attention to the business of the Borough, but in the face of this requisition signed by such a large number of the burgesses he could not but allow himself to be again nominated for office, although only on the distinct understanding that he would be able to absent himself to conduct his business at Palmerston. His Worship then thanked Cr. Jvnox and the burgesses signing the requisition for the honour they had conferred on him. Cr. Knox withdrew his motion re the adjournment, and moved that the requisition be recorded in the minutes. Seconded by Cr. von Stunner and carried unanimously.

Fevkh-sthickhn Natives.—The Clerk road the following opinion from Mr Hay ri the action of the Hospital Board in attempting to bring the natives suffering with fever within the Borough :—Hamilton, 12th November, 1888.—His Worship the Mayor of Hamilton : Sir,—Yon require my opinion as to whether your Council has power to stop the introduction into the Borough of a person suffering from a dangerous infectious fever. The time you place at my disposal for preparing the opinion is far too short to permit of my going into the matter exhaustively. I shall, therefore, givo my opinion very briefly. It appears to me that the Council, under the Municipal Corporations Act, 188(1, possesses very extensive powers in relation to preventing nuisances and preserving the public health within the Borough. Section 300 gives the Council all the powers of a local board of health, and, in addition to such powers, may do all things necessary from time to time for the preservation of the public health. Section 287 gives the Council power to adopt all such measures as it shall think fit for the prevention and suppression of nuisances in the Borough. Under either of these sections tiie Council may in my opinion prevent the introduction of a fever patient, if it thinks it would be prejudicial to the Public health, or would create a nuisance in the Borough. You will observe that scction 309 is couched in such terms as to give the Council absolute discretion as to what they may do to preserve public health. Whether section 30 of the Public Health Act 1870 in anyway limit'the ]iower of the Council, I am not in the short space at my command prepared to say positively, but I am of opinion that it docs not. The provisions of that section mainly are that by order of the Resident Magistrate, on certificate of a medical practitioner at the costs of the Local Board of Health, and with the consent of the Hospital authorities, " Any person suffering from a dangerous infectious disorder, and not having proper accomodation and lodging may bo removed to any Hospital or place in or near the District Local Board." I do not think this section applies to the present case as it probably has not been complied with, nor do I think it controls the section of the Municipal Corporation Act above quotes. I have not been able to find any analogous English cases. I should advise that the Inspector of Nuisances lie at oncc ordered to communicate with the persons who ordered the removal of the fever patient and prevent his introduction.—Yours faithfully, in great haste, W. Macrhkkou Hay.—ln explanation the Mayor said that on Monday several of the burgesses had asked llini to take steps to prevent the Maoris suffering from infectious disease being brought into one of the most thickly populated parts of llie Bui'ough ; he at once g™t two or three councillors together and they all agreed that the bost thing to do was to get legal opinion on the matter, the abo-e letter being tlio result. The Maoris would not be brought into the Borough, but were going out to a vacant house on his farm, which he placed at the disposal of the Hospital Board. Cr. von Stunner moved that the Council fully endorse the action of His Worship and the other councillors, who met on Monday morning, m the measures taken in preventing tlio fever cases of the natives being brought into and located in the Borough, and resolve that the same action be taken in any similar future case. —Seconded by Cr. Jones and carried.

Receipt Book.—D. Lees, poundkeeper, reported that ho bad lost his receipt book, and made application for another. —Application granted. Proposed Amended Public Works Act.—His Worship mured-that this matter be referred to a committee, consisting of Crs. von Stunner, Jones, Knox and Tippen, to report at next meeting of the Council.—Seconded by Cr. Tippen and carried.

Pihk Engine.— A letter was read from the luvercargill Municipal Corporation, stating that they had a complete fire engine, almost new, for sale, and asking whether the Council would purchase it.— The letter was received, and the Clerk instructed to reply that the Council would not buy tho engine. Poundxi eper'k Repjrt.—The poundkeeper reported that during the past month there had been 80 head of cattle impounded, and that he had received the following moneys Pound fees, £0 10s 6d ; Hamilton Jiast commonage, 3s Cd; Bradley's paddock, £G 0s Gd; Hamilton West commonage, ss. Total, £12 IDs Gd.—The report was received and adopted.

Resignation.—A letter was read from Or. Missen, tendering his resignation as a councillor, but another letter received subsequently asked that the Council cancel the resignation.—Cr. .Tones moved that the resignation be accepted.—Seconded pro fonna by Cr. linox.—Cr. von Stunner moved as an amendment, that the letter asking to withdraw the resignation be accepted.—Seconded by Cr. Frear. —The amendment was put first and lost, the voting being—For: Crs. von Stunner, Frear, Knox and Salmon. Against: : Crs. Jones, Bell, Wood, Tippen, and the Mayor. The motion was then put and also lost, the voting being—For: Crs. Jones, Wood, Tippen. and the Mayor. Against: Crs. Knox, Salmon, von Stunner, Frear and Bell. The matter was thus left in the hands of the Returning Officer, who stated that he would accept Cr. Missen's withdrawal of his resignation. Culvhut.—W. Downing wrote, calling attention to the state of the ditch in Albertstreet, opposite his residence, and asking that a culvert be put in. The Foreman of Works was authorised to get the work done. Runts.—A letter was received from the Waikato Coal and Shipping Company, asking for a reduction of the rents on lots No. 417 and 411, Borough endownmeuts, £10 and £12 10s respectively. Cr. .Jones moved that a committee consisting of the Mayor and Crs. Knox, Tippen, and von Sturmer be appointed to investigate the matter of rentals of Borough endowments, and report at next meeting. Seconded by Cr. von Sturmer and carried. Works Report.—The Etonian of Works reported that the \pfwrtables in Galloway-street had been completed, the furze liad been cleared iii ; several streets, repairs had been done at Edcecmube's Gully, new culverts had been put an at the Court-house, in Nixon-street, ,and ! opposito Bank of New Zealand, the fencing round the Park Reserve and commonages had been put into good repair, tho Jubilee reserve dug up and several small jobs done. The timber purchased from Mr Bradley had been used as lamp posts.—The report was received and adopted. Vincent's Duain.—The Chairman of VVorks Committee reported that this work had nut beeu completed owing to late rains having filled the ditch, but as soon as the water subsided, tho work would be proceeded with. —The report was received and adopted. Valuers.— Two applications were received for tho office of valuer to the borough at a remuneration of £10; one from Mr F. Gaudin and the other from Mr J. K. McDonald.—Cr. Bell moved that tho application of Mr F. Gaudin be accepted and the appointment made.—Seconded by Cr. Jones and carried. Hospital BoA«n,-=Cr. Knox moved that a special meeting of the council be held at noon on Wednesdays the 28tluust., for tha

election of a representative on the Hospital Board.—Seconded by Cr. Bell and carried. Accounts.—Tho following account.-) wore passed for payments : —D. Lees, £(> 9s 9d : The Waikato Times, £2 10s (id; H. Kelly, £2 ISa 3d ; R. Waite, 14s Gd ; W. Taylor, 3a Gd ;J. Wripht, £3 ; Fawkes and Foxall, £1 4s; L. O'Neill, £7; W. Dey, 2s (Id ; J. Bradloy, £2 Gs 3d ; T. Vincent, £19 16s. It was resolved that the engineers' accounts for Vincent's drain bo referred back to Messrs Sandes and Metcalfe for explanation. Lease.—Cr. Von Stumor, in accordance with notice given, moved that Lot 405, Hamilton Ea<t, corner of Heaphy Terrace, and Bridge-street, be cleared of furze and briav, fenced, and offered for leaso by public auction, at an upset price of 10s per aero perlannimi, for a term of—years, the Council to have the right of re entry at any time during the lease, on conditions prescribed— should the land be required for business purposes.—Seconded by Cr. Bell, and lost, the mover and seconder alone voting for itFI'HZK.—Cr. Vol) bturmer next moved that tenders be pilled for cutting down, and grubbing upljp furze, briar, etc., growing on liorouHo Council endowments and reserves, and that notice be served in terms of the Act, on all owners and occupiers of property abutting on the streets of the Borough to out down, grub up and remove all furze, briar, etc., growing upon the sides of the streets, fronting the several properties, also that in the case of absentees tho work be done by the Borough Council, and the lands be mado liable as provided for by the Act.—Seconded by Cr. Frear, and lost on the voices. . Bradley's Paddock.—His Worship moved that the resolution No. 9 of the 11th September last, re charging for cattle and horses grazing on the lots Nos. 19 and 20, Bradley's Paddock, bo rescinded.— Seconded by Cr. Knox.—Cr. Jones moved as an amendment that resolution No. 9 stand as at present.—Seconded by Cr. Wood. Tht amendment was then put and lost, the voting being. For : Crs. Wood, Jones, Bell and Frear. Against: The Mayor and Crs. von Stnrmer, Salmon, Tippen and Knox. The original motion was then put and carried, the voting being vice versa. Cattle on Streets.—Cr. Bell moved that resolution No. 1, of the 4th April, 1837, be rescinded re cattle not being allowed to run 011 the streets during the night.—Seconded by Cr. Knox. Cr. von Stnrmer moved as an amendment that the words " and that the above resolution ccme into operation on and after the 3L>tli instant be added." Seconded by the Mayor. — The amendment was first put and carried, the voting being —For: Crs. von Stnrmer, Jones, Bell, Salmon, Tippen and the Mayor. Against: Crs. Frear, Wood and Knox. The original motion was then put and lost, the voting being—For: Crs. von Stunner and Knox. Against: Crs. Tippen, Bell, Wood, Salmon and the Mayor.—Cr. Frear refrained from voting, not comprehending what he would be voting for. This concluded the business, and the Council rose at 10.30.