BOROUGH COUNCIL.

Grey River Argus, Volume XIV, Issue 1745, 9 March 1874, Page 2

BOROUGH COUNCIL.

The usual fortnightly meeting of the Borough Council was held in the Town Hall on Friday night: Present — W. S. Smith (Mayor) in the chair, Messrs Hamilton, Moore, Kerr, Glenn, Acheson, and Dupre. The minutes of the previous meeting were read and confirmed. Letters were received from Mr H. K^nrick, enclosing an amount from fines inflicted under the Municipal Corporation Act ; from Mr Mullnr, Provincial Engineer, with plans and information in regard to the Greymonih bar and harbor improvements ; irom the Waste Lands B iard, intimating that the sum of L 204 ss, being half t.he amount from the sale of town lands, would b" forwarded in due course to the Borough Council. The Mayor stated that, as no mention had been made in reference to the sale of suburban lands, he had waited on the members of the district, from whom he had received an assurance that they would bring the matter before the Provincial Council. Several members spoke on this question, and pointed out that a matter so much affecting their interests should be taken up by the councillors themselves. After discussion, it was resolved to refer the question to the Finance Committee with power to act. The following letter from the Inspector of Nuisances wa3 received : — " Sir — Referring to an extract from the Evening Star of the 21st instant, reporting the proceedings of a meeting held by your Council on Friday the 20th, I have the honor to request that you will be pleased to allow me to lay the following explana-

tion beforo the Council in reply to tb> strong censure passed upon me by you Worship. " In the beginning of November last i was recommended to substitute 'uy nanu for that of Constable Keatin«'s, dnrin his illness, for the office of Inspector <>' Nuisances, and I read in the reports o ( the proceedings of your Council, that. j. resolution had been passed to that effect, but I received no intimation whatever from the Council for a considerable time, although I applied to the Town Clerk repeatedly for it, and spoke to several members of Council, as well as to the Town Solicitor about the matter, because constant complaints were being made to me, and I was blamed for neglect, when I virtually knew nothing at all about my i appointment, officially, until the 22nd December last, when I received my appointment, from the Town Clerk, by letter dated 7th November, 1873. " Upon receipt of this appointment, I applied to the Town Clerk verbally for a copy of bye-laws in force, remarking at the time that I understood the old byelaws were defective. That gentleman told me they had been ruled so by the Resident Magistrate here, but that a new set of Regulations and Bye-laws were being framed, and would be proclaimed shortly. I therefore waited for a while, and in the meantime did my best to carry out the provisions of the 13th schedule of ; 'Tbe Municipal Corporations Act, 1872," which were adopted as bye-law of your Council, but as they do not provide for matters which principally caused complaints, viz., dirty yards and closets, and I was getting blamed both by the prpss and the public generally for neglect, I addressed a letter to your Worship on the 30th January, 1874, to which I beg to refer, explaining how I was situated, and pointing out, as I thought respectfully, how the Pnhlic Health Act might apply. To this letter I have received no answer whatever, and I was therefore left in the same position as before. I did see in the newspapers that a resolution had be«n passed by your Council, appointing me officer to the Board of Health, but. not getting any instructions, I submit I cmld not act under that appointment. "As I w'S anxious to understand clearly what my functions and powers I wure, I again addressed a letter to your Worship on the 13rh inst., respecting a ■natter about which I was in doubt, not with any desire to find frivol . us excuses for not doing my duty to the Council, but because the matter was, in my opinion, of c >nsider>ible importance, namely, whether or not a manure depot was properly proclaimed. I have received no reply to this letter, but am led to believe that it gave cause to the remarks that fell from your Worship. I infer from the report in the papers that such a place is in existence and proclaimed on the beach, but I beg to point out to your Worship that as I was not aware of this, and had received no instructions from the Council, there might easily occur a case where persons deposited a nuisance on the beach between high* and low water mark, and people passing by finding it objectionable, as the heach is used as a public highway, would somplain to the police, and I woukl in that case be prosecuting persons who had only acted correctly. "In addressing your Worship I have «nly sought information ab'Uh masters r,hat I was in doubt about, and stated my grounds for such doubts, which I submit have been reasonable, and if I lu»l reeived any intimation as to what course to idopt, or even that my reports were frivolous, I would have known how to act, but being in doubt, and told that no byelaws were in force as regards nuisances, I had great hesitation in taking steps to put a stop to the many causes of complaint which existed, as I know from experience iiow inadvisable it is to take a case into Court unless the person doing so can distinctly prove not only the complaint he is making, but also his reasons for bringing it to Court, and, in my case, his authority to do so. Yet I have done what I could, without legal proceedings, to improve the most alaring cas«s of nuisance, and to the best of my ability, and at great personal inconvenience, tried to assist the Council as far as I clearly understood I had legal authority to do so. " If. this explanation should be considered insufficient, I can only regret that my endeavors to do my duty have led to so strong comments, and would beg hereby to tender my resignation as Inspector of Nuisances to your Council. " I have the honor to be, "Sir, " Your obedient servant, " S. MOLLER, " Inspector of Nuisances." A somewhat lengthy discussion took place owing to Mr Moller not having brought cases of nuisances into Court, some of the members contending that under the Public Health Act he could n^t fail to secure convictions, while others maintained, owing to Mr Moller not even having been informed that he had received the appointment- under that Act, and not having been gazetted he could have no locus standi in Court, and therefore he acted wisely in not prosecuting until he was legally placed in the office of Public Health office. Ultimately it was resolved that Mr Moller be requested to bring some of the worst cases of nuisance into C >urt, so as to try the issue. The Town Cork was instructed to write to Mr Miller notifying his appointment, and to have the same gazetted without delay. Letters signed by residents in Murray and Tainui streets, complaining of a nuisance caused by the drainage from Strike and Blackmore's brewery \wr < received ; and it was resolved that the Inspector be instructed to take steps to abate the nuisance. A letter from the sectretary of the Volunteer Fire Brigade was read, accepting the subsidy of i>l2s from the Council, and complying with the conditions under which it was granted, viz., lighting and extinguishing the street lamps. A communication from Mr Jas, Kirton, agent for Mr Wilson, Christchurch, offering the Council the use of the section adjoining the Town Hall, for an indefinite period, provided the same is properly fenced in, was referred to the Public Works Committee with power to aut. A letter from" residents and section holders in Alexander, Tainui and Murray streets, asking the Council to proclaim, form, and metal a street through private land which had been offered to the Council, was likewise referred to the Public Works Committee. The following reports from the Public Works Committee were brought up and adopted :— "Your Committee have the honor to recommend that jJio right-of-way from

lonndary street, between Mackay street ■vl Mawhera Quay, be cleaned and ravelled. "Your Committee cannot recommend 'ie Council to grant the request of Messrs Sinclair and C->., for alleged extras on Alexander street contract. "Yonr Committee are of opinion that r he C-uncil cannot grant the request of 'he lessees of the Brnnner C«al-mine to occupy any portion of Johnston street, without interfe.ing with the rights of property holders ; therefore, recommend the Council not to entertain the application." The Town Surveyor reported as fol- ' lows on the approaches to the wharf : — " I have the honor to report that there is sufficient heavy timber on hand to make the under-structure to the wharf, one of which is now constructed, and the second partly so. The cost of each 28ft approach is L 5 2s for labor, and Ll2 for material. The Council has not yet pointed out the position of the third approach." Some discussion took place in reference to Mr Lundon placing the Transit Shed on the approach made by the Borough Council, opposite Tainui street. Some of the members were of opinion that it would only be fair and just that Mr Lundon should be at the expense of making the approach. As the want of an approach to the wharf, opposite Tainui street, would seriously inconvenience importers and the community generally, it was resolved that the third approach be placed near the Transit Shed. The Mayor asked that clause 1 and 2, in a former report of the Finance Committee, be re-considered. FINANCE REPORT. "Clause 1. — Your Committee recommend that the Town Clerk be instructed to sue for arrears of rates." " Clause 2.— That authority be given to the Finance Committee to pay all certificates for payment of contracts, labor account, and salaries which may be due without waiting for the same to be presented to the Council." Clause 1 was adopted. After some discussion, clause 2, amef'ridfc as follows, was adopted—" That ant be given to the Finance Coinmittue-.j make progress payments on contracts authorised by the Council on the certificate of the Town Surveyor, without waiting for the same to be presented to the Council." Mr Kerr asked what arrangement existed for taking and giving delivery of goods at the Kerosene Depot, and if it was a fact that a party had brought a load of kerosene to the depot in the morning, and not being able to obtain the key, had to leave the goods outside all day, and in the evening cart them away. The Town Clerk explained that on the occasion referred to he was out of town, and hence the inconvenience. Mr Moore gave notice of motion on the subject. Mr Acheson moved — " That the Town Surveyor be authorised to erect steps from the approach to the wharf, between Albert and Boundary streets, for the convenience of the public." Agreed to. A large batch of accounts were referred to the Finance Committee. The Council then adjourned.