HAWERA TOWN BOARD.

Hawera & Normanby Star, Volume I, Issue 94, 9 March 1881, Page 2

HAWERA TOWN BOARD.

A meeting of the Board was held oil Monday, at 7 p.m. Present — Messrs King (Chairman), Bayly, Coekburnj Dingle, Duffill, and McCutchan. The minutes of the previous meeting were read and confirmed. The following letter, from Mr. Barleyman to the Board, was read : — Sir, — In reply to your letter of this day's date, I may inform you that it is unusual to pay over money to clients, whilst claims are unsettled, and I feel sure the gentlemen forming the Town Board are too much men of business to wish this should be done. I may state for the information of the Board that I receive"! the sum of £8 10s. from Mr. Owen for rent, and a sum of £6 10s. from W, D. Carroll for rent, and I hold a promissory note of Mr. Cockburn, to Carroll, endorsed to me for £8, and another for £39 10s., due end of April. I will endeavor, before the next meeting of the Boai'd, to present a detailed statement of my account with the Board. The time has now elapsed within which leases lastly sold should have been presented to the Board for signature, but I have not yet received the usual instructions." On Mr. Barleyman's letter being read, Mr. Wanklyn explained that he had personally requested Mr. Barleyman to pay over the money belonging to the Board, to the account of the latter. Mr. Barleyman raised objections, and therefore he (Mr. Wanklyn) had written an official letter, requesting Mr. Barleyman to hand over the amount which was about £62 105. in cash and other securities. Mr. McCutchan considered that Mr. Barleyman's action had been most extraordinary. He regarded his opinions as valueless, and his action as reported in asking the Chairman for a cheque for the account due to him, as very improper. The account should have been presented, and passed for payment, like any other account. In the course of his remarks, Mr. McCutchan criticised the appointment of Mr. Foy as engineer to the Board, with a salary of £150, as highly, injurious, but was called to order by the Chairman for introducing irrelevant matter. Mr. McCutchan excused himself on the plea that he had been requested to enquire into the matter by several " of the ratepayers. Ultimately, it was agreed to postpone the discussion of this subject. Mr. McCutchan moved that, "Thesolicitor having refused to comply with the demand ' of the Board, to hand over the cash and promissory notes of the Board, amounting to £62 10s. the property of the Board, neglecting to furnish his bill of costs, the secretary he authorised to have a summons issued for the recovery of the same." The resolution was seconded by Mr. Bayly, who said that Mr. Barleyman ought to know that it is not within the power of the Board to pay accounts, until after they had been presented and passed. He could not understand what position he assumed, whether banker, or solicitor. Personally, he objected very much to consulting a solicitor on anything that' might... present a difficulty. Men of ordinary intelligence could be depended upon for acting within the law, quite as well as lawyers of like capacity. He looked forward with some curiosity to Mr. Barleyman's account. Mr. McCutchan thought that in paying away money, or in demanding money belonging to the Board, mistakes had been made in the past. It was their duty, as trustees of the ratepayers, after a proper demand had been made and payment refused, to compel immediate payment. More especially so in the case of persons who would have no difficulty in finding the money. The Chairman thought the resolution, in its present form, was somewhat too harsh. He believed it was the custom of lawyers, whether legally or not, t6 retain possession of clients' money until after all legal expenses due to them had been paid. He had met with much opposition when he proposed that legal steps should be taken to obtain access to the gravel-pit, but the same parties, who opposed legal measures then, favored them now. He moved, as an amendment, " That the secretary again write to the solicitor, stating that the Board insists upon the money being paid over to the clerk forthwith, and that the Board will pay the solicitor's account on its being presented and approved at the ordinary meeting." The motion was seconded by Mr. Dingle, who would support the milder measure in preference to the resolution. Mr. Bayly, speaking to the amendment, said they had applied for their money, but had been refused payment. As a rule, he did not believe in going to law, but they occupied a position of trust, and could not allow people to retain public monies as long as they thought fit. He did not agree with the solicitor that it was busi-ness-like to keep back public money. It was a strange sort of letter, to use the mildest term, and the Board could not allow their solicitor to retain their money as long as he chose. Ratepayers constantly say, that there is so much collected in rates, and naturally ask what has become of it ; if they looked a little closer, they would soon see* He intended to see every possible penny spent in improving the streets. He assumed that Mr. Bar-, leyman's was a large bill, because the latter retained £62 10s in cash and promissory notes, and he took it for granted that the solicitor claimed that sum, otherwise he (the solicitor) would have mentioned the balance due to the Board. The Chairman — There is only £15 in cash. Mr. Bayly — The promissory notes are convertible into cash. Mr. Cockburn declared his intention of supporting the resolution;. Some remarks having been made by Messrs Bayly and McCntchan re the proposal to take legal proceedings against Mr Livingston ; the Chairman defended his action, but was called to order by Mr. McCutchan, who notified his intention oi proposing a vote of want of confidence in the ChairmanThe Chairman was quite willing to be turned out of office, or to resign if called upon to do so* He thought the question really before the meeting was, whether they should take action against the solicitor, for what might be regarded as an error of judgment. The Board no doubt owed Mr. Barleyman more than the £15 cash, held by him, and the promissory notes were in favor of the Boardj and could not be used except by it. Before putting the amendment, the Chairman wished to state that he thought

were might be an action for defamation "of character, and would the Board back .the Secretary up in the action that might be taken. It was pointed out that the Secretary was simply the servant of the Board, and Was not personally liable. On the amendment being put it was lost, only Messrs. King and Dingle voting for it, against Messrs. McGutchan, Bayly, Cockburn, and Duflill. The original resolution was tken carried, although -several members expressed an opinion that Mr. Barleyman should be again asked to pay over the money, before a summons were taken out. Messrs. Syine, Saunders, and G. Tait waited on the Board, and requested that i High street might be formed towards the cemetery The Board agreed to consider the •matter. A. petition was presented from 20 ratepayers of Princes street, in favor of forming the footpaths in order that the street might not be in the same wretched condition it was last winter. After discussion, a resolution was carried dealing with both the above subjects as follows : — " That the improvements requested by a deputation of High street ratepayers, and the petition of Princes street ratepayers, re footpaths, be informed that the Board have not yet received the Engineer's report, and cannot at present undertake the work." Mr. Twigg handed in the following report, re gravel for the Town Board : — "Sir, — I have inspected the three following gravel pits. The one on Mr. Rhodes' land shows a good face of gravel, but the stone is very soft, and would not make such a good road as that in the pit on Mr. J. Douglas' land, which has far less stone : the best part of face in this pit is now being worked by contractor for the County Council. The gravel is the same as that put on the crossings at the end of Regent street and near the Empire Hotel, Which has stood very well, there being only about four inches put on, last summer. But perhaps the County Council contractor will take all the best of it. The gravel at the Tawhiti biidge, which the railway contractor is, or has been working, appears to be as good as any in the district, but there might not be much of it. There are, I believe, other deposits of good gravel along the Tawhiti." It was resolved to call for fresh tenders for gravelling, on account of the difficulties whioh had arisen about the gravel at Mr. Livingston's. An opinion was expressed that good gravel could be procured at, or near the Tawhiti, on Rhodes' farm. At 10.80, Mr. McCutchan proposed to bring up the subject of the nuisance at the brewery, but at the suggestion of the chairman, the discussion was postponed, and the meeting adjourned.