PIAKO COUNTY COUNCIL.

Waikato Times, Volume XXXVI, Issue 2947, 4 June 1891, Page 2

PIAKO COUNTY COUNCIL.

The above body mot at Morrinsville on Tuesday, at 11 a.m. Present: Crs. W. P. Chepmell (chairman), Jas. Bailey, A. Heaney, NV. H. Herries, J. S. Browne, M. Harrison and N. I. Hunt.

Tiik Balance-sheet.— Tho annual mooting to pass the balance -sheet had been adjourned till this date, in consequence of the accounts not being audited ; as this had not been done, the annual meeting was again adjourned for a week. Riding Accounts. —Mr Hay had been consulted a:i to the Council's ability to hand over to road boards unexpended moneys that had 'oeen allocated to ridings. —Mr Hay ropliod that such a transaction would bo legal provided the moneys wore spent upon works within tho ridings.—Unexpended balances were then voted to the Taotaoroa and Waitoa Road Board,.

Tiik Dog Tax.—The police authorities notified tho Council that constables would be permitted to collect the dog tax. —The Council did not avail itself of the preferred help, as it was not thought it would work in the county.

The Valuation Roll.—The following applications for alteration on tho valuation roll were received New Zealand and River Plate Land and Mortgage Company to have John Bridgman inserted as occupier of part of Section 1081, Tahuroa No. 1, in Waitoa Riding; John Jackson Calderwood, to have his name inserted as owner of Section 53, Lipsoy's Block, To Aroha Riding; Geo. Lovegrove to have Robert Little inserted as occupier of Section 111!, Block 11, Te Aroha Riding.

Rates.—Tho following rates were struck : —A general rato of in the £ over the whole county; a separate rate of in the £ over the Pitetere Riding; a separate rate of in the £ over tho Te Aroha Riding. The raising of tho separate rate in the Te Aroha Riding was adjourned till the next meeting of the Council, as it was thought best to do it by a special order.

Slaughterhouse Inspector.—Constable Fredk. Wild, of Te Aroha, was appointed to inspect the slaughter houses of the To Aroha and Waitoa Ridings, vice Constable Sheehan, who has been removed.—lt will perhaps be well to explain that this is tho popular constable known as "Jonathan" Wild.

The Tramways.—Mr Hay forwarded his opinion ro tho Council having power to release the bondsmen, Messrs Clark, upon payment of £1000. Ho thought the Co mcil could logally do so, but suggested that it would ho well to find out if tho lessees had any real or financial grievance before closing tho matter.—The matter was left in tho hands of tho chairman to complete

Thk Audit Fkes Again.—Re this matter, Mr Hay gavo his opinion as follows : On the 12th January 1801, tho Treasury paid to the Piako County Council £17 10s 4d, being the amount of subsidy duo on rates collected by the Matainata Road Board (£G3 10s 4d) less audit foes claimed from the Piako County Council, £IG. Assuming (as we have before shown) thatthese fees are not legally due, how can the Council recover the sum of £10 illegally kept back. The sum of £0310s 4d which included tho sum of £1G illegally kept back, was payable to tho Council by virtue of Section 8 of the Appropriation Act 1888, which says that such sum "shall be issued and paid by the Colonial Treasurer out of the consolidated fund to the Council." In the case of Regina v. Colonial Treasurer it was held that the words " issue and pay " must be taken to imply that the Colonial Treasurer should issue and pay in the manner directed by law, that is when he had received a warrant from tho Governor for the payment as required by Section 40 of tho Public Revenues Act, 1873. The letter of tho secretary to the Treasury of 12th February, 1801, states that his deduction was made under Section 12 of the Appropriation Act 1800, I assume, therefore that a warrant had been issued and tho money was available in the hands of the Treasurer and by him paid to the Auditor General. The remedy therefore, oppenri to be by writ of mandamus to compel the Colonial Treasurer to pay the £10 to the Council. In Hex v. Lords of tho Treasury it was held that the court would enforce payment against the Treasury inasmuch as the claimant had no other remedy, and the writ was demanded, not against the kiDg, but against officers into whoso hands money had been paid under an Act of Parliament for the use wf an individual. From tho reported oases it »ppears that in order to obtain a writ it will be necessary—l. To file in the Supreme Court a statement of claim setting forth fully tho facts as in an ordinary action. 2. To prove (generally by affidavit) that the Council have a legal right to the money. 3. That payment had been refused. 4. That payment is not demanded directly or indirectly from tho Crown, but from an officer into whose control the money has passed. 5. That the Council has tio ether remedy. In all the reported cases where a mandamus has been refused, it has been because the applicant failed to prove one of theso things. If, then, the Council can prove the four points I have mentioned they can obtain a mandamus commanding the treasurer to pay the £IG. In the above I havo only dealt with tho caso of one deduction, but the same applies to all similar deductions. Tho probable cost of proceedings would be from twenty-five to thirty guineas.—Cr. Bailey thought to take proceedings would be only throwing gosd money after bad.—Cr. rferries thought that inoro than one legal opinion should ho taken. —Cr. Heaney said the matter should be gone on with. The Civil servants had ruled the country for the past quarter of a century, and it was time it was stopped. He himself would givo £5 to help the matter if it were necessary.—The matter was discussed at length, and was finally left in tho hands of tho chairman to consult with Mr Hay and take what steps he considered necessary.

Cambridge-Oxford Road.—Mr James Hume wrote, asking permission to lengthen tho culvert upon this road, opposite the entrance to his property.—Granted.

Thamks-Te Aroha Railway.—Mr John Phillips wrote forwarding a copy of tho resolution adopted at a public meeting held at Paeroa 011 the Kith May, re the completion of this portion of the Thames-Te Aroha line.—Resolved that the clerk be instructed to write to the Government, urging them if, as tho Council is led to believe, tho sum of £12,000 is appropriated for completing the Thames-Te Aroha line, to commence the work at theTe Aroha end.

Tenders.—'Tho following tenders were received for keeping in repair for twelve months the Cambridge-Oxford, GambridgeTaxpo and Cambndge-Tauranga Roads, within the county :—M, McCarthy, £255 (informal); G. Wattam, £180; T. W. Vickers, £175 (informal); H. Kelly, £117. Wattam being a reliable man, his tender was accepted.—Mr Sandos was instructed to superintend the maintenance contracts.

Oxforh-Matamata Road.—lt was resol vod to put a surfaceman upon this road for one month front date.

Thirds. —The Commissioner for Crown Lands forwarded the sum of 38s on account of thirds due on property occupied by Mr Maekio.—The amount will be paid to Mr Mackio when he has completed the repairs to the roads.

Accounts.—The following accounts were pissed for payment: —R. Reynolds, t'l ; <?eo. Wattam, t'S Us ; ({. Leaning, t'l 10s ; Alex. Itowe, £1 7s ; Waihou Public Hall Company, 10i; Hospital Board, £217 3s; T. M. I.liv'or, £4; Whitaker and Russell, £l8s; A. Hoaney, I'lilHs; W. IC. Carter, £11; Te Aroha Xews, £!( 10-<: P. Snewen, t'l Is; J. McLeod, £2 ; 0. McC.ibe, 12s; .fames I !ordo», £lo; ,J. Kmett, £10;<i. C. Devorill, 10>-; C. Aliier, £S -Is; !•*. i'avitt, £1 Ss 3d ; It. Michell, t'"> Hs 01 ; To Kauri, £,">; J. Shine, £(i 0 ; J. Wright, t'2 2s; T (!. Sandes, L' 3 l.'!s (id ; McNicol Bros., £2 17s (id; F. 1). Rich, £10; l'epperell and Mahood, fit 4s !ld ; Waikato Timber Company, £2 lis i .T. 8. Browne, til 13s; W. Herries, £7 lis; W. I', Cliepmell, £10.

The Engineer's report and several minor matters we will refer to in next issue.