FOXTON LOCAL BOARD.

Manawatu Herald, Volume II, Issue 13, 7 October 1879, Page 2

FOXTON LOCAL BOARD.

A meeting of the above BoarV^Hjjjl held at their office, Main -street, oj^^ m Friday afternoon. Present -Messrs. Gray (Chairman), Why to, London, * and Coloy. minutes'. - The minutes of the previous meeting were read and confirmed. An item of £3 3s, paid to Mr Thynne, as Returning Officer during the late election, was read out, on which Mr Loudon asked if that was the same as last year, as it appeared to him to be rather high. The Chairman stated that the fees to be charged by the Returning Officer were laid down by the Act, and could not be exceeded. .^ A CLERICAL ERKOB. Mr Loudon asked the. Chairman for his ruling in reference to a question he was about to ask: viz., whether it was'legal to conduct public business on a Sunday. The circular he held in his hand, cqnvening the last meeting of the tioard, was dated on Sunday, the 14th ult. The Clerk explained that he had committed a clerical error in writing the circular convening the last meeting, by putting the date as the 14th Sept., which was a Sunday, whereas it should have been tho 15th, a Monday. Mr VVhyte said that although the meeting had been called on a Sunday, through a clerical error, still the. Board had not sat on that day, and he could not see how it would affect tbe legality cf any business transacted. Mr Loudon contended that, even although a clerical error had been committ- d, the meeting had been called on a Sunday, and was therefore illegal, and the legality of any business done at that meeting might be questioned; therefore, it would be safer to go over the business agaiu, so that any trouble might thus be prevented. The Chairman said that such a course was unnecessary, as the iioard had not done business on a Sunday. A mere clerical error had been made by the Clerk in writing out the notices to the meinbars of the Bpard. The matter then dropped. RESERVE AT MOTOA. Tho Chairman stated that with reuard to the reserve in Moutoa Block he had written to the Colonial Secretary, and had recjjivgd a reply to the effect that theln"att&r%adbeeirw referred to the Commissioner of Crdßj^O Lands. CLAIMS FOR DAMAGES. The following letters were read :-^H Foxton, September 27, 1879.^M| Mb A. G-iiay, „ Chairman Foxton Local Board. Sir,— The late chairman promised faithfully he would have something done to the outlet on No. 1 Line, but did not do so. Therefore I shall be forced to take legal means if not settled by next Court day. I herewith enclose a bill for damages sustained by the said drain. I am, Sir, Yours obediently, John SymoxS. To amount of damage done to my fruit and kitchen garden by the overflowiug of water from No. 'i drain .. .. £15. FoxtoD, September 27, 1879. The Chairman, Foxton Local Board.* To John Purcell. To damages sustained by the continued negligence of the Board in not providing sufficient culverts to take the water off street, thereby allowing it to flow on my land, damaging grass seeds and young trues to tho extent of eight pounds . . £8. 4 N.B — Iv the event of the non-payment^M of the above amount, l r a'hTTjßite willingto try a friendly lawsuit in the matter.— J.P. The Chairman said that so soon as the complaints were made, Mr Whyte and himself proceeded at once to inspect the drain complained of, and found that the water was backed up through the outfall being impeded on .Mr Feck's property. On looking up the matter, he found that the old Board had paid Mr Feck a sum of £5 for some supposed damage done to his property from the water passing through his land. He read a letter which had been sent to Mr Feck by a former Chairman of the Board, giving him notice to remove the obstruction in the drain, and enclosing an extract from the Act, showing' Mr Feck tbat he was liable to a penalty for obstructing the flow of the water. In the face of this, the Chairman had no hesitation in saying that this £5 had been paid away quite illegally by the old Board, and established a very bad precedent, beside the fact that Mr Feck's property ' had sustained no damage whatever from the water passing through. If the Board had to pay this monoy to Messrs Purcell and Symons, then the Board should come on .Mr Feok to refund, as he had no right whatever to stop the drain. * Mr Loudon said it was a veryjf' great hardship fqr Messrs Symons * and Purceil to have their gardens; v destroyed, and the Board must comW* on the people who blocked tho drain.* Ho defended tho old Board from the* " charge of spending the £5 illegally,, as it was paid on the recommendation of a Co^mmit'ee who had inspected the damage complained of. '" The Chairman— lf the drain had not been obstructed, the damage would not have been done. Mr Coley could not see that the Board could be held responsible for

damages^ causg^. by exceptionally heavy stc^*s^{le thought settlors should help themselves a little, as very often half an hour spent with a shovel will save a great deal of damage, and put maters right. Mr Whyte deprecated this censuring of old Boards, and said •• Let us have good Boards. — the best Boards— heart of totara Boards." He did not think the Board could be held responsible for these damages under the circumstances, and thought the matter should be tested. Mr Coley then proposed — -'That the Board write to Messrs. Purcell and Symons, informing them that as the floods were caused by exceptionally heavy rains, tho Board cannot be anßwerable for the supposed damage complained of; but will take immediate steps to prevent the recurrence of same." Seconded by Mr Whyte and carried. . ANBNUE ROAD. Mr W. Eeeve wrote, complaining of the impassable state of the above road opposite Mr G. Robinson's house, and suggesting that a small expendituro would greatly improve it. Mr Coley corroborated the statements of the letter, and it was resolved that the necessary repairs should be done at a cost of not more 4 than 30s. MORE DAMAGE. A letter was read from Mr M'Cul loch, directing the Board's attention to the damage being done to his property fronting the drain from the Racecourse hill, and pointing ont that each succeeding fresh made matters worse. After some consideration, it was proposed by Mr Loudon, and seconded by Mr- TVhyte, "That Messrs Coley, Whyte, Gray, and the mover, be appointed a Committee to inspect the drain, and report at next meeting, and that Mr M'Culloch be informed that steps will be immediately taken to prevent any further damage being done," t * ACCOUNTS. Mr Groom's claim of £5 16s, for draining, was ordered to be paid Mr M'Oarty's claim of £74 13s, beirjg balance of amount for work on footpaths in Main-street, was ordered to be paid, subject to the work being passed by .Messrs Coley, Loudon, and Easton, who were appointed a committee to pass same, if satisfactorily completed. In connection with Mr M'Carty's Lclaim wasJ^luded.a sum of £10, as fc||mn<HH^ > for work which had incurred through the County not having made the toad itfrtiu street the full width.— Mr said that when this item was Hfeffore the County Council the other V "member for Awahou came to the sitting in time to vote against this sum being refunded, and it was lost through the casting vote of the Chairman. — The Chairman said that Dr. Rockstrow told him " he did not understand the matter " when it wns before the Council — Mr Loudon said the matter was perfectly plain, but Dr. Kockstrow deliberately prevented the Hoard , from obtaining the money, which was justly due, by voting against the proposal — The Chairman said he had no doubt that when the matter was explain 3d to the County Engineer, that gentleman would favorably repprt on it to the Council, and the matter was left iv his hands. UNPAID KATES. A discussion took place, as to the state of the Board's funds, in the course of which Jfclr Loudon asked whether any steps had been taken to Mecovotthe unpaid rate3, as previously fecided. /The Clerk replied that through the difficulty of getting at the people who owed the rates, no steps had yet been taken. Mr Loudon. pointed out that a large amount of rates were outstanding, and summonses should be issued at once. He hoped the Chairman would assist in the matter. The Chairman said he would do everything in his power towards obtaining the rates, as every £ not paid as rates meant the loss of another £ as subsidy. TENDERS. The following tenders were received for strengthening the Avenue Bridge : — E. M'Lean, £28; W. Wells, £24 10s. , After full consideration, Mr Coley proposed, and the Chairman seconded, "That the tenders for strengthening the Avenue Bridge, being in excess of estimated cost, cannot be entertained, and in consequence of the flooded state of the the work could not be satisfactorily performed at present, and. that the Hoard in the meantime seem c the biidge temporarily." . Mr Wells' tender, at £l 1 10s, for a box culvert over the drain crossing road from section 564 to 552, was *■ accepted. The Hoard then adjourned.