HAWERA TOWN BOARD.

Hawera & Normanby Star, Volume I, Issue 92, 2 March 1881, Page 3

HAWERA TOWN BOARD.

Monday, 28th February.

A special meeting of the Town Boai'd was held on Monday evening, for the purpose of deciding what steps should be taken towards procuring gravel for the contractor for metalling Princes street, as Mr. Livingston had declined to allow Mr. Dingle to enter his land, and take gravel therefrom. All the members were present, except Messrs Spence and Cockburn, and the latter put in an appearance towardo the close of the meeting.

The following letters from the Chairman and the Town Board Solicitor were read :—: —

" 1. Can any contractor or servant of the Town Board enter on any private property outside or inside the boundaries of the township and take gravel for roads within the town ?

"2. Can such contractor or servant cross over any other private property in ordor to reach such gravel ?

" 3. What notice must the contractor give the owuer before entering such property ?

" 4. What proceedings are necessary in the event of an owner of property refusing to allow contractors to use Ins property for such purposes as aforesaid."

The Solicitor, in reply, wrote : —

"The Public Works Act, 1876, authorises the Eoad Board (which from the interpretation clause I understand to include the Hawera Town Board, although this is not quite clear) after twenty-four hours' notice, to enter upon any land not being a garden or ornamental shrubbery, and dig and take any stone, gravel, or other material therefrom ; and every reasonable compensation shall be paid for any injury done and material taken.

" This power must be exercised by the Board, and cannot be exercised by a contractor or servant of the Board.

" There is a power in the Act to use adjacent lands for a temporary road ; but there seems no direct power to cross over the lands of other people to obtain access to land from which the material is to be taken.

" Proceedings must be governed by circumFtances. The first step is for the Board to give the notice.

"I have answered these questions in the best way I can, but must remark that I cannot be answerable for the application of the Board to particular cases. To enable me to advise the Board with safety, I should be informed of the circumstances."

Mr. McCutchan said it was clear that Mr. Barleyruan could uot be depended upon for petting them out of the difficulty, judging by the letter just read.

Mr. Bayly was averse to going into law, if possible ; mid therefore it might be advisable to see if gravel could not be got from some other place.

The Chairman said he saw Mi". Livingston, and he defied the Government, County Council, or the Town Board to enter on his land, and take gravel. If they could not go there legally, the sooner the matter wns tried the better. If they gave in to Mr. Livingston, other people would also retuse permission. Mr. McCutchan said that Mr. Livingston had thrown down the gauntlet in his presence. He would prefer to see the road renviin unmetalled, rather than put bad gravel upon it.

The Chairman moved that notice be sent to Mr. Livingston, in terms of the Public Works Act, of the intention of the Board to take gravel lrom bis property for public roads.

Mr. McCutchan asked what the Board would do, in the event of the notice being served upon Mr. Livingston. He believed in going on with the matter, once they commenced, or not at all.

The Chairman sail! if they had not the power, then the law would have to be so amended as to enable theoi to get in and cet gravel.

Mr. McCutchan said that notice would also have to be served upon Mr. Milne. Mr. Duffill wished to know whether they could not get gravel at some nearer place ? He understood there was a good pit on Mr. Douglas's land. Mr. Dingle siiid the contractor who was using that pit would require all that was there.

At the suggestion of Mr. McCutchan, who observed that the Town Board had no wish whatever to enter into litigation, the resolution was so amended as to include. Mr. Milne.

Mr. Bayly moved as an amendment — " That before proceeding any further, endeavors bo made to procure gravel from elsewhere, and that Mr. Twigg be instructed to examine other pits ; to report at next meeting." His reason for so doing was, because there appeared to be some doubt in the Act as to whether they had the same powers as County Councils or Boad Boards. By the time the road was metalled, they would probably become a municipality,., and then -their

powers would become more clearly defined. He saw the gravel in Mr. Douglas's land, and he considered it pretty good. Mx% Duffill seconded the resolution.

The Chairman said, if that course was taken, they would have to accept the lowest tender.

Messrs. Duffill and McCutchan urged that putting on bad gravel would be next to useless.

The Chairman said the question was whether they were to put on bad or good gravel, and he thought it better to have the question tested as soon as possible. The Chairman asked if it would not be as well to carry Mr. Bayl3 7 's amendment, and take the best legal opinion they could get — say either Mr. Travers' or Mr. Olliver's.

Mr. Bayly suggested that the AtforneyGeneial should be consulted. He was not aware whether public bodies could get advice free or not. The Chairman then, with Mr. McCutchan's consent, withdrew his resolution. But he thought it better that contractors should prospect, and send samples to the Board. It was not for the Boai dto do so.

Mr. Cockburn was of a contrary opinion. How were they to know that the gravel would be the same as the sample ? They could not judge by small samples. He proposed that fresh tenders be called. The Chairman said that if they were to define certain pits, they would lay themselves open to objection, because people would then say that they could get gravel elsewhere. It had been so said since they accepted the last tender.

Mr. McCutchan said the Board, by passing Mr. Bayly's resolution, would be taking the best course, because they would be entrusting the matter to the Engineer. The resolution was carried unanimously.

The Chairman asked if the Board were going to take legal advice from some oi the leading barristers ?

Mr. McCutchan suggested that the matter should be left over till next meeting, and the Board concurred.