CITY COUNCIL.

Press, Volume XXIX, Issue 3988, 7 May 1878, Page 2

CITY COUNCIL.

The usual weekly meeting of the City Council was held last night. Present—Cr. Ick (in the chair), Crs. Pratt, Jameson, Radcliffe, Briggs, Ruddenklau, Bickerton, Toomer, and Bird. The Chairman stated that he had requested Dr. Foster to attend during the evening, as several questions of law would be brought before the Council, on which the opinion of their legal adviser should be taken. The minutes of the last meeting were read and confirmed. finance. The statement of the financial position of the Council showed a debtor balance at tho Bank of £2209 7s lOd. The rates collected for the week ending 27th April were £95 8s 3d, for week ending 4th May £59 3s lOd. Drainage rate account showed a oredit balance of £952 7s 3d. Bills paid by the works committee amounted to £393 15s 4d ; bills to be paid, £1005 9s sd. Sinking fund account— Credit balance, £29 7s 2d ; interest on Government debentures, £27 15s; total, £57 2s 2d. The Chairman stated that a claim for £3 3s for attendance at the Appeal Court had been sent in by Mr Huddles ton. The matter was ordered to stand over till the return of the Mayor. The Chairman Btated that there was another olaim —viz., for £5 for information given which led to the conviction of the breaker of a lamp in Antigua street. The account was passed for payment, the Council expressing a desire that the Resident Magistrate should inflict something more than nominal fines in cases of breach of the by-laws. bubvbyob's bepobt. The following report from the surveyor was read:— 1. Some of the members of the Council met this morning on the site called Cathedral square, in order to determine what form it shouli assume when altered. And they recommend that the portion colored blue on the plan should be kept somewhat above the surrounding ground, and be laid down with grass ; that a footpath should be asphalted, as shown in red, and tint a drinking fountain for hors.'s should be placed where the red circle is shown. All the rest of the ground should be laid out as roadway and cab stands. 2. The following applications have been made for erecting new bnildingß:— In the outer area, Mr Wallace, additions to wooden house, Latimer square; in the inner area, Mr Jacobsen, for additions and alterations to the building known as Tattersall's, which are further explained in plan and letter. C. Walkden, City Surveyor. After some discussion the first paragraph of the report was adopted, questions of additional details in the laying out of the Cathedral square to be left in the hands of the snrveyor and works committee. In connection with the last paragraph of the report, a letter from Mr J. S. M. Jacobsen was read, asking permission on behalf of Messrs Matson and Co., to remove the present north end of Tattersall's about 140 ft. back, as those gentlemen intended to extend their present building. This would bring the end to 40ft. from Hereford street. The exterior side walls would be built of brick. The present end would be moved back only for a time, as the intention waa to erect large brick buildings to front Hereford street. Cr. Ruddenklau objected to the by-law being ignored. Cr. Pratt moved—'"That the permission sought for should be granted, under the supervision of the surveyor." Cr. Radcliffe seconded the motion, as the alterations proposed would be decided improvements. Cr. Jameson would suggest that the permission should be'granted, provided that the Hereford street end should be of brick.

Cr. Bickerton said that the change proposed was from wooden to brick walls. Where alterations involved additional security, as in this case, he thought the Council should meet owners of property in a liberal spirit. Cr. Bird did not think it desirable to allow the by-law to be broken. The Chairman said it bad been suggested to him that it would be well to refer the matter to the works committee, He felt inclined to concur in opinion with Cr. Bickerton, that in agreeing to the proposal the Council was lessening the risk of fire.

Cr. Briggs would oppose the resolution, but support the modified permission suggested by Cr. Jameson.

Cr. Pratt reminded the Council that the end of the building would net be of wood, as at present, but almost altogether of glass, as that was the only way of lighting the building. Cr. Jameson moved an amendment in accordance with the previous suggestion. Cr. Briggs seconded the amendment. Cr. Ruddenklau would oppose both motion and amendment.

On a division, Cra. Jameson, Briggs, Ruddenklau, and Bird voted for the amendment, and Crs. Pratt, Radcliffe, Bickerton, and Toomer against it. The Chairman said he approved of the motion of Cr. Pratt, and would vote against the amendment. The motion was then put and declared to bo carried, and the whole report was adopted. BUILDING 81-UW. Mr McClatcbie wrote to ask that the Council would permit his woodtn workshop in Gashel street, which hud been erected in ignorance of the by-Jaw, to remain until his new buildings had been completed, when it would be taken down and built of brick and iron. Cr. Briggs, after the last rote, would move —"That the permission sought for should be gr: nied for three months." The only pers >n whose premises would be affected by it would be Mr John Anderson, who had no

objection to the permission beiDg accorded to Mr McClatchie. Cr. Pra!t seconded the motion, which wp« agreed to. ° Mr Goss, in reference to the building he was erecting for Mr Hiorns, informed the Council that the contract hud bivn signed on the 2nd April, and the fees, had been paid to the surveyor en the 16th, when the work had been begun. He thought, there must be a mistake in phcirg the lui'.ding under the new by-law. Illness would prevent his attendance at the Coun-il meeting, but Mr Martin, his foreman, would wait upon the Counul. Ho enclosed v letter which he hnd received from Mr Hiorns, staling that that gentleman had consulted his solicitor, who had advised .him that the act of the City Surveyor in accepting the fee without ob. jecting was sufficient to bring the contract under the old by-law, more especially as tho building had so far progressed as that the studs were up previous to the new by-law coming into force. The Survoyor said that as a fact the build, ing hnd not been commenced prior to the passing of the new by-law. He had no option as to receiving the fee ; ho was bound to receive it when tendered. Cr. Toomer asked what constituted the commencement of a building ? The Surveyor said the putting in of foundations constituted a commencement. Cr. Jameson thought that as Dr. Foster was present, his opinion might be at once taken as to the fact of the surveyor accepting the fee binding him to permit the building. The Surveyor stated that the building had not yet been commenced. Cr. Bird would oppose the granting of the permission. Dr. Foster said he would require time to consider the whole of tho question. Cr. Jameson moved —" That Mr Hiorns be required to make his alterations in compliance with the requirements o* the bylaw in ex'stence at the time he commenced hisbuilding.'' Cr. Briggs seconded the motion. Mr Hiorns had explained to him what he intended to do, and Mr Hiorns' intentiou was to carry out the by-law as existing at the time he proposed to make tho alterations. Cr. Ruddenklau was opposed to action being taken until tho Council had received the opinion of their legal adviser. Cr. Radcliffe supported the motion. Cr. Ruddenklau moved as an amendment —" That the legal bearing of the question be referred to the Council's legal advisor for his opinion." Cr. Bird seconded the amendment. Cr. Briggs, in speaking to the amendment, considered that a great injustice would be inflicted on Mr Hiorns were it carried, as he had knocked down his former premises on the faith that- he would be allowed t5 erect the additions to his hotel in compliance with the old by-law. The amendment was put and lost, after which the original motion was carried. ' Cr. Briggs said that at the last meeting something had been said about Mr J. Anderson not having complied with the by-law. Ho would like to know if there was anything in connection with this to come before that meeting. The clerk said there was not. mbijj's mbat-presbbvtng paotoby. Mr W. Seabright wrote in reference to the complaint made by Mr Craig and himself as to Mem's factory, that, when the wind blows from the south-west, those in the immediate neighbourhood cannot open their windowa on account of the dense smoke brought from the factory, injuring health and business, not to speak of the danger from sparks. The nuisance was unbearable and the danger considerable. Ho trusted the nuisance would be abated. Tho complaint was Bigned by eight others. The Inspector of Nuisances reported that notice bad been given to Mr Mem to erect a chimney stack. This was considered satisfactory.

NEYTSPAPBB STALL IK CATHEDRAL SQUABH. Mr Thomas John Watts applied for permission to have a table on the footpath.in front of the Cathedral for the sale of newspapers for a couple of days prior to the departure of the English mail. Permission was given, under the superintendence of the surveyor, subject to withdrawal at any time. SHOOTING GALLEBY. A petition from a large number of ratepayers requested permission for Mr Donaldson to uso his shooting gallery in Oolotnbo street, as he is an orderly and well conducted citizen, and would, they vrere convinced, conduct the gallery in an orderly manner. A letter from Mr Donaldson on the fame subject was read. Permission was granted until further orders. STEAM BOLLBB. Mr Ellis, surveyor to the Riccarton Road Board, inquired on what terms the Council would let to that Board the steam roller, for the purpose of rolling about 150 ohains of the Harewood road, by Papanui. The matter was referred to the works committee. WIDTH OF PBIVATB STREETS. A letter from the Colonial Secretary's office, Wellington, was read, hoping that the width of private streets was being properly attended to. The letter was directed to be acknowledged. patton's contbact. A letter from Messrs Hanmcr and Harper stated that they understood that the trustees had given up all claim to tho orders given; by Mr Patton, and held by the City Council, and requested that ns the matter had been pending for a considerable t ; me the Council would be good enough to forward to their client, Mr Banks, a cheque for tbo amount. ; The Chairman state! that the Council had decided to take no action till an order was received from the Supremo Court. The matter was referred to tho finance committee, with power to act. ZBALANDIA AMATETJB MIKBTBELS. The patronage of the Mayor City Council was solicited for an amateur performance for the benefit of the Lunatic ABjlum, to be given on Thursday evening at the Oddfellows' Hall. It was resolved to comply with the request, as the object of tho performance was a good one. BESIDENT MAGIBTBATE. The following letter was read : — Resident Magistrate's Office, Christchurch, April *6th, 187& Sir, —It having come to my knowledge that the town clerk had been making use of my name very freely with reference to the objections raised by the City Council, I made enquiry, and find that he has expressed his opinion that I was the instigator of the opposition raised to those objections. » ' It should scarcely be necessary for mc to state that neither directly nor indirectly had I anything whatever to do with it. Bnt I would beg to call yonr attention to the impropriety of an officer of the Council hazarding assertions reflecting seriontlyon the conductef a Magi trate, simply because the Magistrate, in the coarse of his duty, has had occasion to question the regularity of documents bearing the s'gnituwof the oflicer referied to. I have the honor to be, Sir, Ac, Geo. L. Mellish, Resident Magistrate. The Town Clerk stated that the Resident Magistrate was laboring under a misapprehension. He knew his position too will to make uny reflection upon the Magistrate. The Chairman undertook to convey to Mr Mellish the town clerk's explucution.

WATBB BETPLY. Cr. Jameson moved that all documents and correspondence connected with the city W *'*J supply be referred for classification io a_ select committee, who should report from timeto t : me ; such committee to consist of the following : —Crs. Bickerton and Pratt, the M»yO* and the mover. - Cr. Radcliffe seconded the motion, wnicn was agreed to. inspector's bbpobt. . The Inspector's report was read and received and after being considered clause by clanse, was approved of. übivkbs' licenses.

An application for adriver's license was refused, and a license which had been granted at last meeting was ordered to be rescinded.

DBBACHES OF BT-LAWB. Cr. Briggs moved -" That in cases of convictions being recorded for breaches of bylaws, the Resident Magistrate be requested to bear in mind that the Council offers a reward of £5 for information lending to such convictions, and that if possible the fines inflicted for {breaches of by-laws be> sufficient to cover that amount." . ... Cr. Bickerton seconded the motion, wnicn was agreed to. GOVEBHMBNT INDEBTEDNESS TO THE MTJNICIPAHTIBB. Cr. Briggs wished to ask an important question as to what steps had been taken wiW reference to the resolution carried on motion of Or. Bickerton some two or three months ago tot the appointment of » com? mission to enquire into what was due from Government to the municipality. TheetfJ members were on that commission, and Woujq

*-. ««ir.g to Wellington. He (Cr. Briggs) """Jm-K to know what had been done in as time ought to be lost. that he consulted Jf- the Mayor at thf time referred to, but £ and InSe the time of the Mayor and 1/ JSfbal been too much occupied to allow !?£*{!• attending to the matter. For some ■* %■*cd Cr- * ratt hsd been in that b wiber for two days, or at least a day and a ffiSTireek, and the Mayor had had the f rence and Assessment Court to attend COa^e He looked upon the question as a most tenortant one, and would willingly do his j«rt in the business. The Town Clerk said the Mayor had put Am matt* 1 * n consequence of the amount father work which had to be done. The Council then went into committee in ij, t<j consult their legal adviser, Dr. This* concluded the business of the evening.