Country News.

New Zealand Mail, Issue 362, 18 January 1879, Page 21

Country News.

The Hutt County Council declined, on Tuesday, to allow coaches carrying mails to go through the Kaivvarra tollgate free of charge. It was stated this was the only tollgate used by mail coaches in the county, and that the mail contractor used fifty miles of road within the county boundary on the way to Wanganui.

Messrs. Jeremiah O’Brien and Michael Toohey, sureties for Messrs. Neil and Goddar, contractors for the making of 265 chains of the Mungaroa-Waikatiae line of road, were released from their sureties on Tuesday for reasons which appear in our extended report of the proceedings of the Hutt County Council. The Hutt County Council, at its usual monthly meeting on Tuesday, unanimously resolved that the chairman should write to the Colonial Secretary, asking the Government to abolish all existing pounds within the county. This step is taken with a view to the Council establishing new pounds and fixing the scale of fees to be chargeable therein.

We understand that a testimonial is now being got up in the Wairarapa for Mr. Wakelin, the well-kuown editor of the Wairarapa Standard. Mr. Hastwell, of the firm of Hasfcwell, Macara, and Co., has taken the matter in hand, and heads the list of subscribers with a good round sum. Both as a journalist of twenty-five years standing and as an active participator in all public affairs of local interest Mr. Wakelin has earned the good will of his fellow-townsmen. Thi3 testimonial will but be a token that his services have been generally recognised and appreciated. From the Wairarapa we bear that during the late gale on Tuesday the roof which covers Mr. Pilcher’s large goods shed was blown off. It struck Mr. Vile’s shed and cottage and caused a considerable amount of damage. The new butcher’s shop near Toogood’s Hotel was completely wrecked, and several buildings sustained slighter injuries. The coach which was blown over was heavily laden ; but fortunately the horses became detached, and but little damage was done. We hear that the crops between Bulls and Sandon are looking in prime harvest condition, and a number of reapers-and-binders are at work in various parts of the district. Some of the fields of wheat, particularly, are really magnificent, having attained that golden color indicating abundant ripeness. From the Wairarapa also it is reported that the crops near Greytown are unusually heavy this year, those at Waihalceke being estimated to yield fifty bushels to the acre. The same is the case at Ashburton, notwithstanding the great drought. At the latter place laborers demanded high wages, as much as £4 a week and found, and are given ss. 6d. per acre for tying. This is a common figure, as men are scarce. The Manawatu and Rangitikei papers are full of the great terminus question. Each party assert the claims of their respective townships to be made the terminus of the Wellington-Foxton line. The official map issued with the Public Works Statement shows alternative lines, surveyed both to Foxton direct and to Fitzherberton ; from which fact it seems probable that at the time of making the statement the Minister for Public Works had not sufficient data to enable him to decide definitely which should be finally adopted. The decision said to have been arrived at by Mr. Macandrew is to the effect “ that the route of the West Coast line will not be definitely fixed until full explorations and surveys of all proposed routes is made,” and it seems a wise one, and will commend itself to Wellington people, who are to be called upon to pay the piper out of the proceeds of the sale of the reclaimed land, whether they like it- or no. They are even expected to submit without complaint to being deprived of a railway station in the business quarter of the town, so as to enable the Minister for Public Works to make this line without encroaching upon loan-money. No doubt there are a great many calls upon that fund, and an equitable division of Government favors is to be hoped for rather than expected. We have received the following letter from a Pahautanui correspondent :—“The settlers of Pahautanui and Porirua are dissatisfied with the alteration made in carrying the mail to those districts. It has been carried by Prosser’s coach for the last two years, to the entire satisfaction and convenience of the settlers generally, and they consider that the alteration now made is a change for the worse. Prosser’s coach leaves Pahautanui at seven in the morning, and arrives in Wellington about ten ; it leaves Wellington at three, and arrives again in Pahautanui at six in the evening. By this arrangement, when Prosser carried the mail, the settlers could send their letters and orders into town, and get an answer on the same day. This was particularly useful where orders for goods were concerned, as there would be about five hours of the best business part of the day given to prepare them. Under the present arrangement Hastwell’s coach passes through Pahautanui between two and three o’clock in the afternoon, and arrives in Wellington about five. Of course, business hours are all over, and the coach leaves Wellington again the next morning at four, before any business commences, so that under these circumstances a whole day must he lost before an answer can be sent, thus practically making it a tri-weekly mail instead of a daily mail as formerly. I understand that the settlers are getting up a petition to the Post Office authorities, respectfully asking them to reconsider the matter, trusting that they will see their way clear to go back to the old arrangement.”

KARORI-MAKARA HIGHWAY BOARD. The usual monthly meeting of the KaroriMakara Highway Board was held in the old Schoolhouse, Karori, on Friday, the 10th inst. Present—Messrs. Graham (Chairman), Page, Bowler, and Cook.

The minutes of the previous meeting were read and confirmed. A letter was received from Mr. J.R. George, manager of the Patent Slip Company, stating that though the gates were open during the day for the convenience of the public, the road was essentially, a private road, being made through the property of the company, at its own expense. Correspondence from the Government on the same subject was read, and the Board being powerless to do anything in the matter, it was allowed to drop. The clerk was authorised to give the statutory notices necessary for the publication of the valuation list which the Board revised. After transacting some routine business, the meeting adjourned. HUTT COUNTY COUNCIL. The usual monthly meeting of the Council was held at 1 p.m. on Tuesday. Present: Messrs. Mason (chairm.au), Speedy, Morgan, Taylor, Lancaster, Monaghan, Dick, Smith, and Chew. POUNDS AND POUND FEES. The following opinion was received from the solicitor to the Council: — Memo, for Chairman Hutt County Council. —The existing pounds within the County can only be abolished by Order in Council. The County Council has power to establish pounds and fix fees, but cannot interfere with existing pounds. The Road Boards have no title to the pound fees, which are receivable by the poundkeepers, and are the remuneration fixed by law for their services as such. Wa. Titos. Locks Travers. Councillor Morgan moved a resolution to the effect that the Government be asked to abolish all existing pounds within the County.

Councillor Smith seconded the motion, which was carried unanimously.

CLAIM TO PROVINCIAL PROPERTY. The following opinion was read from the solicitor to the Council: — Memorandum for Chairman Hutt County Council—My opinion ha 3 been asked upon the following question “ Whether the County Council has a claim to 20 per cent, of any sum which may be realised by sale of the reclaimed land, or of. any share of the sum realised by the sale of the Provincial Buildings, or other provincial property ?” The following facts bear upon that portion of the above question which relates to reclaimed land and the Provincial Buildings : 1. The land was granted on the 18th October. 1855, to the Superintendent of Wellington, by grant issued under the Public Reserves Act. 1854, to be held by him and his successors “ upon such trusts and for such purposes for the public service of the province of Wellington as should be declared in that behalf by any Act of the Superintendent and Provincial Council of the said province." This grant appears to have been a rood grant within the doctrines laid down in Dolan v. Macdermot. L.K. 5 Equity Cases 60, confirmed on appeal L.R. 3 Ch. Ap. Oa. 67 o! 2. In February, 1856, an Act was passed by the Superintendent and Provincial Council of Wellington containing (amongst others) the following provisions affecting the land comprised in the grant:— “1. The Superintendent of the province, with the advice of his Executive .Council, shall have full power to manage and administer the land comprised in the grant hereinbefore referred to in such manner and according to such plan as he may deem most advantageous : Provided, however, that such reserves for public purposes shall be marie as to the Superintendent may seem advisable, and that all land alienated, except that hereinafter referred to, shall be sold absolutely, and that by public auction. “3. No sales shall take place until at least four months’ notice thereof shall have been advertised in the Provincial Gazette. “5. It shall be lawful for the Superintendent to eontract and agree with any person to fill up or reclaim any portion or portions of the reserves on the condition of the contractor or contractors receiving payment for such work on the sale of the reclaimed land.” 3. In May, 1861, another Act was passed by the Superintendent and Provincial Council, containing, amongst others, the following provisions respecting the land comprised in the gran t:— “ 2. The Superintendent, with the advice and consent of his Executive Council, has full power to sell the land comprised In such grant, subject to the restriction mentioned in the said Act, and all sale 3 and agreements for sale heretofore made and purporting to have been made by him under the provisions of the said Act are hereby declared valid and effectual. “3. The Superintendent may with such advice as aforesaid cause any portion of the land comprised in such grant to be reclaimed previous to being put up for sale. . “4. Clause No. 3 of the said Act is repealed. “ 5. No sale of any land so as aforesaid vested in the Superintendent shall take place until at least threo months' notice thereof shall have been advertised in the Provincial Gazette. •' 6. After any such land shall have been put up to public auction and withdrawn from sale on account of the upset price not having been bid for the same, th* same land may at any time within a period of two years thereafter and previous to being again advertised for sale by auction, be sold at such upset price without being again put up to auction or any further notice that it Is open for purchase. “7. The Superintendent is hereby also authorised from time to time, as he may deem it expedient so to do, to raise by mortgage on the security of the land so granted to him <>s aforesaid, and remaining unsold, any sum of money which may be required for reclaiming and rendering fit for occupation and sale any portion of such land, and for the erection of a wharf fitted for the embarkation and disembarkation of passengers and loading and discharging of merchandise into and from vessels of a large size, and out of the proceeds from the sale of any such land to pay off any sum so raised." ' It does not appear, however, that any Act was passed defining specific “trusts or purposes for the public service of the province " to which the land or proceeds from sale were to be applied, it being probably intended, from time to time, to deal by way of appropriation with any proceeds in excess of the cost of reclamation; and I have reason to believe that surplus moneys of that kind were from time to time appropriated accordingly. 4. It would appear that before the Abolition of Provinces Act, 1875. came into operation, the then Superintendent of Wellington bad. in exercise of the power given to him by the sth section of the Provincial Act of 1856, entered into a contract for the reclamotion of a portion of the land comprised in the grant; and it further appears that the reclamation under this contract was continued after the passing of the Abolition of Provinces Act, and it ha 3 since been completed. 5. By the 9tli section of the Abolition of Provinces Act it is enacted that “ except as thereinafter provided ” (an exception which does not touch this case) “ all lands, tenements, goods, chattels, moneys, and things in action, and all real and personal property whatsoever, and all rights and interests therein, which immediately before the date of the abolition thereunder of any provinces were vested in or belonged t» the Superintendent of any province as such Superin - tendent, should, on the date of the abolition thereof, vest in her Majesty the Queen for the same purposes and objects, and subject to the same powers and conditions, as those for and subject to which they were held by the Superintendent;” and by section 11 of the same Act. that “ all contracts ex sting immediately before the date of the abolition thereunder of any province, and all actions, suits, proceedings, and things begun and not completed at the date of the abolition thereunder of any province, of, by, or against the Superintendent of such abolished province as such, should belong and attach to. and be, enforced by and against, her Majesty the Queen." It will be observed, therefore, that the lands in

question become, tinder the Abolition Act, vest" 1 in the Crown for the same purposes and subject 1 the came trusts as existed prior to that Act cumin,' into operation, and, in ed'ect. so matters remained until tUe Financial Arrangements Act, 1876, came into force. The sections 9 and 11 of the Abolition Act. above referred to. are not affected by the Financial Arrangements Act in their relation to the unsold portions of the land granted by the before-mentioned grant, except in regard to the Provincial Build ngs, which probably come within the provisions of the latter Act. As regards the unsold portions of the land, it may be that the Governor has power to sell under section .8 of the Provincial Act of 1861, but I am clearly of opinion that the moneys to arise from such sate must be specifically appropriated by the Legislature, and do not form part of the land fund of the Provincial Dis rict of Wellington., and therefore that the counties are not entitled to claim under the Financial Arrangements Act any portion of the proceeds arising from the sale. I ob-erve that the land is advertised to be sold as if it were waste land of the Crown, which, as I think, is a complete misconception of the position. AVith regard to the Provincial Buildings, it may be that the ]<3tli section of the Financial Arrangements Act applies, in which case the value as ascertained under that section would be ap ropriated in manner pointed out by the next three sections of the Act. I am unable to deal with the last four words of the question submitted to me, on account of their extreme generality ; but if the County Council will point to any particular property with respect to which they desire that I should advise I shall be happy to do so. Wm. Thos. Locke Travers, Solicitor to the Hutt County Council. January IC*, 1879. Councillor Smith said to at Mr. Travers was not infallible, end lie thought the Council should take the opinion of the AttorneyGeneral. (Cries of “Oh, oh,” and “ He’s in the Opposition.”) Well, if Mr. Stout did not suit, perhaps some councillor would name somebody else. It was resolved, on the motion of Councillor Taylor, seconded by Councillor Dick, —That the opinion of Mr. Robert Hart be taken as to the claim of the Council to 20 per cent, of the proceeds from the reclaime-l land. CARRIAGE OK MAILS. A letter was read from the Colonial Secretary’s Office, enclosing a communication from Messrs. Hart and Buckley, solicitors for Messrs. Haatwell, Macara, and Co., suggesting that the Public Works Act should be so amended aa to permit of coaches carrying mails passing through all tolls free of charge. It seemed to be the general opinion of the Council that they could not make fish of one and flesh of another; and Councillor Smith moved, —That the chairman be instructed to write to the Colonial Secretary, that the Kaiwarra tollsate being the only tollgate within the county, they do not see any reason to allow the mail coaches to go free. Councillor Taylor seconded the motion, which was unanimously agreed to. MUNGAROA TO WAIKANAE ROAD. A letter was read from Messrs. Jeremiah O'Brien and Michael Toohey, requesting to be relieved as sureties for Neil and Goddar, contractors. The Engineer to the Council stated that the contract was for 265 chains of road on the Mungaroa-Waikanae line. The tender of Neil and Goddar was £4 10s. per chain, amounting in all to £1192 10s. Forty-eight chains of the road had been completed, amounting to £216. The sum of £163 had been advanced, leaving a balance of £53. Plant had been left to the value of £2O, making in all about £73. His estimate of the cost of the work was £1950. The next lowest tender was £I9OO, and there were other tenders within £SO of that amount. He had told them when they came to sign that they would never complete the contract for the money, and the result had proved that he was right. The contractors had absconded in.debt. The Council, however, had lost nothing. Councillor Monaghan moved that, Messrs. O’Brien and Toohey, sureties, be released from their bond. Councillor Lancaster seconded the motion. Some discussion ensued as to whether it was not setting a bad example to release sureties from their bond, but eventually Councillor Monaghan’s resolution was put and agreed to. MUNGAROA-WAIKANAE (NO. 1 CONTRACT). A. letter was read from the contractor, asking tc be allowed for certain extra work which he had done. After some discussion it was resolved that the matter should stand over until next meeting, the Engineer to inquire into it in the meantime. STOPPING CP ROADS. The following opinion was read from the Solicitor to the Council: — Memorandum, for Chairman Hutt County Council. The County Council has power to stop up roads (Public Worl:s Act, 1576. section 87, sub-section 7), but can only do so when a way to the adjacent lands as convenient as that proposed to be stopped up has been provided, or unless the owners of the adjacent lands consent in writing to the stoppage (Public Works Act, 1876, section 98). The 93rd section of the same Act provides in eleven sub-sect ons for the proceedings to be taken with a view to the stopping of aroid, and these provisions seem to apply even where the owners consent to a stoppage. Should the land occupied by any road stopped up not be required for public use it may then be dealt with under section 29 of the Act. the second sub-sec-tion of which may be found to create some difficulty. Where any surveys are required in connection with proceedings under the Act the 75th section makes the necessary provisions, but I think a special authority should be given in writing in each case (see section 70). Wh. Thoh. Locks Tiiavrks , ACCOUNTS. Accounts, amounting to £424 Is. Id., were passed for payment. CHARITABLE AID. It was resolved, on the motion of Councillor Taylor, that Wrn. Brigham, of Johnsonville, be allowed £1 10s. per month as charitable aid, commencing on the Ist instant.