CITY COUNCIL.

Evening Post, Volume XXII, Issue 84, 7 October 1881, Page 2

CITY COUNCIL.

The fortnightly ordinary meeting of the Wellington City Council was held hist night. Present, the Mayor and the whole Council. The report of the Public Works Committee was adopted with the exception of clauses 1 (F. Wills' claim) and lO(Normanby-terrace), which were referred back to the Committee. A petition of 36 residents in Tinakori-road (presented by Councillor Maginnity) for tha continuation of the brick culvert as far as the Botanical Gardens, was referred to tha Public Works Committee. The committee appointed to consider Mr. Macara's claim of £ 115 for damage to coach, &c, by the recent accident in Willis-street, reported that he had now agreed to accept which the committee recommended should be paid. The report waa adopted. On the recommendation of the Laidiaw's Contract Committee, it waa resolved to remit .£IO.OOO to the Bank of New Zealand, I London, so as to be in readiness for the final

payment for the water-pipes after a full and complete adjustment of accounts. A memorandum was read from the City Solicitor, in reference to the case Climie v. Corporation. Mr. Travers stated that Bingularly enough the jury found the facts as alleged in the defendants' pleas, but nevertheless found that there had been a wrongful dismissal, and (rave the plaintiff JUOOO damages Upon the facts, therefore, as tound by the jury themselves in an swer to two causes of action, the verdict, Mr. Travers Btated, was inconsistent, and would in his opinion be set aside ; but, independently of this, the Chief Justice, in charging the jury, pointed out to them that there was no evidence of any appointment by the Council so a3 to Batisfy the requirements of the law His Honour called their attention to the fact that the appointment, such as it was, emanated from a committee, and not from the Council itself ; and that, although the Council might, if they pleased, have delegated to a committee the power of making Euch an appointment, they hid not actually done sp in this instance, and therefore that it was incompetent for the committee to make any contract wh-ch would prevent the Council exercising the right of removing any officer or person engaged by fiem iv the ordinary course Under these circumstances Mr. Travers was of opinion that the verdict obtained by Mr. Climie could cot be sustained, and that it would be well for the Corporation to take step 3to set it aside. The memorandum of the City Solicitor was referred to a committee consisting of Councillors Logan, Stafford, Allen, and M'Kenzio, to consult with th« City So'icitor on the subject. Accounts amounting to JU49I 15s 9d, in addition to <£653 Gs 4d recommended by the Public Works Committee, were passed for payment. Long discussions took placo on Councillor diver's motion re the City Solicitor, and the prosecution of the Te Aro Reclamation. Both will be found reported elsewhere. Councillor M'Kenzie moved his resolution to the effect that a committee be appointed to define the duties of the various officers of the Coryoratio i. Several Coun« cillora pointed out that this had already been done, and the motion, which was seconded Dy Councillor A. W. Brown, was lost on a division by 10 to 2. The (. ouncil was oounted out at 10 55 p.m.