HUTT COUNTY COUNCIL.

New Zealand Times, Volume XXXIV, Issue 5553, 15 January 1879, Page 3

HUTT COUNTY COUNCIL.

The usual monthly meeting of the Council was held at 1 p.m. yesterday. Present: Messrs. Mason (chairman), Speedy, Morgan, Taylor, Lancaster, Monaghan, Dick, Smith, and Chew. POUNDS AND POUND PEES. The following opinion was received from the solicitor to tho Council;— Memo, for Chairman Hull County Council.—Dio existing pounds within tlie 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 Eoad Boards have no title to tile pound fees, which are receivable by tho poundkeopers, and are tho remuneration fixed by law tor their services as such. "Wnt. Tiros. Locke Thavebs.

Councillor Mor.GAN moved a resolution to the effect that the Government bo asked to abolish all existing pounds within the County. Councillor Smith seconded the motion, which was carried unanimously. CLAIM TO MOVINOIAL rnoruiiTY.

The following opinion was read from the solicitor to the Council:— Memorandum for Chairman Hull County Council■ —My opinion has been asked upon the following question;— " Whether the County Council has a claim to 20 per cent, of any sum which may bo realised by sale of the reclaimed land, or of any share of the Bum realised by the sale of the Provincial Buildings, or other provincial propertyt" Tlie 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 Iteserves Act, 1851, 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 bo declared in that behalf by any Act of the Superintendent and Provincial Council ol the said province." Tills grant appears to have been a good grant within the doctrines laid down in Dolan v. ‘Macdcrmot. L.R. 6 Equity Cases 00, confirmed on appeal L.E. 3 Ch. Ap. Ca. 076.

2. In February, 1850, 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. Tlie Superintendent of the province, with the advice of his Executive Council, shall have full power to manage and administer the hind comprised in the grant hereinbefore referred to in such manner and according to such plan as ho may deem most advantageous : Provided, however, that suck reserves for public purposes shall be made as to tho 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 sabs shall take place until at least four months’notice thereof shall have been advertised in tho Provincial Ornette.

“6. ft shall be lawful for the Superintendent to contract and agree with any person to fill up or reclaim any portion or portions of the reserves on the condition of tlie contractor or contractors receiving payment for such work on the sale of the reclaimed land.”

3. In May, 1801, another Act was passed by the Superintendent and Provincial Council, containing, amongst others, the following provisions respecting the land comprised in tho grant ‘‘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 tlie said Act, and all sales and agreements for sale heretofore made and purporting to have been made by him under the provisions of tlie 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 sole.

!'4. Clause No. 3 of tho said Act is repealed

“5. No sale of any land so ns aforesaid vested in the Superintendent shall take place until at least three months’ notice thereof shall have boon advertised in the Provincial O'azeffe.

"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, the same land may at any lime within a period of two years thereafter and previous to being again advertised for ijale 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 ho may deem it expedient so to do, to raise by mortgage on the security of the land so granted to him ns aforesaid, and^emainlngunsold, any sum of money whlch-may be required tor 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 in to 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 pubbo service of the province ” to which the land or Eroceeds from sale wore to bo applied, it being proably 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, 1375. came Into operation, tho then Superintendent of Wellington had, in exorcise of tho power given to him by the sth section of tho Provincial Act of 1856, entered into a contract for the reclamotlon of a portion of tho land comprised in the grant; and it further appears that the reclamation under this contract was continued after the passing of tile Abolition of Provinces Act, and it has since been completed. 6. Vy tho Oth section of tho Abolition of Provinces Act it is enacted that “ except as thereinafter provided " (an exception which does not touch this case) “ ail lands, tenements, goods, chattels, moneys, and things in action, and ail real and personal property whatsoever, and all rights and interests therein, which immediately before the date of tiie abolition there, under of any provinces,wore vested in or belonged to tho Superintendent of any province as such Superln • tendent, should, on the dato of tho abolition thereof, vest in her Majesty tho Queen for tho same purposes and objects, and subject to the same powers and conditions, as those for and subject towhicn they were hold by the Superintendentand by section 11 of the same Act, that "ail contracts ex’stlng immediately before tho date of the abolition thereunder of any province, and ail 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 tho Queen.” It will be observed, therefore, that tho lands in question become, under the Abolition Act, vested in tho Crown for tho same purposes and subject to tho same trusts as existed prior to that Act coming into operation, and, in effect, so matters remained until the Financial Arrangements Act. 1876. came into force. Tiie sections 0 and 11 of tho Abolition Act, above referred to. are not affected by the Financial Arrangements Act in their relation to the unsold portions of tho land granted by the before-mentioned grant, except in regard to tho Provincial Buildings, which probably como within tho provi Jons of tho latter Act.

As regards tho unsold portions of the land, it may bo that the Governor has power to sell under section Sot the Provincial Act of 1801, hut I am clearly of opinion chat the moneys to arise from such sale must bo specifically appropriated by tiie Legislature, and do not form part of tho land fund of the Provincial Dis'rict of Wellington, and therefore that tho counties are not entitled to claim under tho Financial Arrangements Act any portion of tho proceeds arising from the sale.

I observe that the land is advertised to bo sold as il It were waste land of the Crown, which, as I think, is a complete misconception of the position. 'With regard to the Provincial Buildings, it may be that the J6th section of the financial Arrangements Act applies, in which case the value as ascertained under that section would bo appropriated in manner pointed out by the neat 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 bo happy to do so. IVm. Thos, Locks Travers, Solicitor to the llutt County Council. January 10, 1879.

Councillor Smith said that Mr. Travers was not infallible, and he 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 reclaimed land. CARRIAGE OF MAILS. A letter was read from the Colonial Secretary’s Office, enclosing a communication from Messrs. Hart and Buckley, solicitors for Messrs. Hastwell, Macara, and Co., suggesting that the Public Works Act should be so amended as to permit of coaches carrying mails passing through all tolls free of charge. Jt seemed to bo 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 tho Colonial Secretary, that the Kaiwarra tollgate being tho only tollgato 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. MUNOAROA TO WAIKANAK 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 tho Council stated that the contract was for 2(J5 chains of road on the Mungaroa-Waikanae line. Tho tender of Neil and Goddar was £4 I Os. 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 tho result had proved that he was right. The contractors bad 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 road 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 UP ROADS. The following opinion was read from the Solicitor to the Council:— Memorandum for Chairman Hull County Council. The County Council has power to stop up roads (Public Works Act, 1878. section 87, sub-section 7), but can only do so when a way to tho adjacent lands ns convenient as that proposed to be stopped up has been provided, or unless tho owners of the adjacent lands consent in writing to the stoppage (Public Works Act, 1876, section 92). The 03rd section of the same Act provides in eleven sub-sect ons for tho proceedings to be taken with a view to the stopping of a road, and these provisions seem to apply even where tho owners consent to a stoppage. Should the land occupied by any road stopped up not bo required for public use it may then bo dealt with under section 29 of the Act, the second sub-sec-tion of which may bo 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 bo given in writing in each case (see section 70). Wm. Tiios. Lockb Travers, ACCOUNTS. Accounts, amounting to £42 4 Is. Id., were passed for payment. charitable aid. It was resolved, on the motion of Councillor TAYLOR, that Wra. Brigham, of Johnsonville, be allowed £1 10s. per month as charitable aid, commencing on the Ist instant.