THE POST OFFICE SITE.

Marlborough Express, Volume XLIV, Issue 216, 19 September 1910, Page 8

THE POST OFFICE SITE.

A LEGAL OPINION. A great deal has been heard of late concerning the action of the Council generally and the Mayor and Council- ; lor Priddle in particular, over the re- , cent offer made to the Government, j In case it might be assumed that the ' Mayor and Councillor Priddle were} acting in the dark when they offered ' to sell the Government a portion of the Railway Reserve, the- following legal opinion, obtained from Messrs McCallum and Mills on August 12, should prove interesting reading:— Blenheim, 12th August, 1910. His Worship the Mayor and Councillors, Blenheim. 1 Dear Sirs, —1. By section 31 of "The Reserves and other Lands Sale, Disposal, and Enabling and- Publip Bodies Empowering Act, 1901," (No. 71), allotments 88, 89, 90, and, 91, town of Blenheim were declared to be vested in tjhe Corporation of Blenheim for an estate in fee simple in trust without power of sale as a municipal endowment. 2. In our opinion the property can only be dealt with in terms of section 144 of "The Municipal Corporations Act, 1908," which reads as follows:— "The Council may, subject to the provisions of this Act, let or lease any land, building, or personal property held by the Corporation or controlled by the Council as a reserve or for the purpose of any pub- I lie work, or for any special purpose : (other than ■ the use, recreation, or enjoyment of the inhabitants), or grant any rights, easements or privileges over the same, for, in either case, any term not exceeding twe.nty-one years, if the Council resolves by special order that such, land, building, or personal property is not likely to be required during the proposed tenancy for the purpose for which it is held or controlled, or thatjthe rights, easements or privileges proposed to be granted will not interfere ■ with the proper use of- such land/building, or personal property." 3. We assume that you are fully aware of the Council's powers as to leasing and the formalities, especially with regard to public auction or public tender that must be strictly complied "■ with before the Council could lease to anyone. Yours faithfully, McCALLUM AND MILLS.