PATUTAHI QUARRY

Gisborne Times, Volume VI, Issue 274, 28 November 1901, Page 3

PATUTAHI QUARRY

QUESTION BETWEEN ROAD BOARD AND COUNCIL.

At the meeting of the Cook County Council yesterday a letter was read from Mr E. J. Chrisp, solicitor, under instruction from the Batutahi Road Board, stating that when the Board transferred the quarry to the Council, which was illegal, tho Council undertook to have a ■ validatory Act passed. That had not been done, and the Council was now notified that the Board had resumed possession, and the lessee, Mr Lodge, had also been notified that rents piust be jjaid to the Board. The Board asked for a statement showing the amount of receipts by way of rents and royalties since the Council started to receive tho same.

A long legal opinion from Mr DeLau tour was read, concluding : “ Notwith standing that something may remain to be done by the Council, I do not think that the Board can now go behind its own contract which in good faith was entered upon, and has since, to the manifest advantage of the Board, been acted upon. On another ground I should arrive at the same result. It is impossible now to restore the contracting parties to their original position. This would be a sufficient ground for the Court refusing to receive or to take eognisanco of an objection raised by cither of the parties to the contract on' the ground of ultra vires. There is no further ground of acquiescence. The Road Board has given possession to tho County Council. It has stood by and allowed tlie Council to make the road. By iis silence it has permitted the Council, reiving upon its good faith, to let the working of the quarry upon onerous conditions, and to incur liabilities for plant to tho value of about TI4OO. Corporations themselves, like individuals, in dealing with other parties, must live up to the rule of common honesty.” The Engineer said the Board had not made a move. The Clerk said ho had received tho halfyear's rent from Mr Lodge, whose term was np on the "23rd October. Cr Mossnmn thought the position was fairly given in Mr DeLautour’s letter. Tho'chairman said the Council would have to prevent the Board taking possession. C-r King said Mr PeLautouv was tlie man to direct matters. They had put Messrs Lodge and Griffin there, and they must not bo put off. On the motion of Cr King, it was resolved to inform tho Board that the matter was in the hands of tho Council’s | solicitor.