PORT CHALMERS TOWN BOARD.

Otago Daily Times, Issue 836, 26 August 1864, Page 5

PORT CHALMERS TOWN BOARD.

The last meeting of this Board was called specially for the purpose of considering what steps should be taken in reference to a judgment of the Resilient Magistrate, according to which the Board was held to have no legal existence. The members present were—Messrs Matheson, l'orlson, Criekmore, Robertson, and Murray. The Clerk reported that &t the previous meeting, he had reported the proceedings in the case of the Town Board v. David Miller, and that this fpscial meeting had been called in accordance with instructions then given. The statement then made he repeated. By the instructions of tho Board he had taken proceedings against partits neglecting to pay their assessment, and, among the number, against Mr David Miller. Mr Miller objected to the claim, and argued that, instead of part of charge being male for aasessmeuts due, it should have been for arrears of as sessment. The notices for 1863 were produced, and were found to tally with the account. Other objections were made, but were explained away. The Magistrate inquired for the Assessment Roll, but this bad not been brought to the Court, the evidence of the Clerk in such case being co sidered to be all that was necessary. The Magistrate thought differently, and postponed the case until it should be produced. He, moreover, recommended that the ca>e should be settled out of Court. Having looked over the Ordinance, and given the position of the Board, as defined by that, bis c ireful consideration, he felt that he would be bound to decide in favor of the defendant. He (the Clerk) inquired the grounds of such a possible decision, and was informed that it rested upon the fact that the last-elected membars of the Board had not been appointed uutil March, whereas their election, according to the Ordinance, should have taken pace on or before the 10th of January. Though it was pointed out that the defendant did not urge that as a defence, and only disputed the valuation, his Worship held the point to be a material one in the decision of the case. Accordingly the case was withdrawn, and there the matter rested in the meantime for the consideration of the Board. After some conversation among the members ofthe.Board, ■ ■ _ . T. A. Mansfokd, Esq., the Resident Magistrate, who was present at the meeting, said that, though be felt he had no right to take part in the proceedings of the Board, he was so desirous of seeing the Board established on a firm ana proper basis, and of assisting it in that direction as far as he could, that he ventured to be present, and to explain, as far as might be necessary, the position which they occupied. As Resident Magistrate, he had certainly felt that in the action between the Town Board and Mr David Miller, he would be bound to give his decision in favor of the defendant; aud it was with the view of not injuring the interests of the Port by invalidating the rafce, that he. had advised the course of fettling the case out of Court. He had not the slightest hesitation in saying that all the proceedings of the Board, as at present constituted, were illegal; and there were only two raethods by which this might be rectified. The one was to apply for an Ordinance to legalise all the Acts of the Board since Januaiylast; another, and the more simple course, would be for the members to resign; and when the Board would be reconstituted, rates might be levied at an increased rate to cover the interval in which they had not not been regularly collected. • TheCLEKK explained that the difficulty had materially arisen from the manner in which the preliminary steps to ths last election had been carried 4ut. Five members of ths Board had resigned in rotation, and two had resigned. Seven were, therefore, elected, but it was not stated in whose indiviiual places the' elections were made. A correspondence ensued with the Government on the matter, but it was impossible to decide ir uuiit the legal tune for election had expired. During this cwrespondetiee he might mention it was elicited from ths Provincial Secretary that the Board had been illegally constituted during this year and the previous one, and that the only way to get over the difficulty was to introduce an Ordinance legation? all past Acts, Arrangements were male that this should be done during the last meeting of Council, but the Ordinance never appearei. The Government bad referred the matter to the Provincial bohcitor, and there it rested. It had not been brought forward in time, but if- the Board were in favor of what appeared to be the preferable course, legalising past acts by au Ordinaaje, such might be obtained at the next meeting of Council. Mr /. Robertson, seconded by Mr Dodson, proposed, "That under the circuuistaucesit was desirable the members should resign." Had the new members been aware- of the illegality ot their proceedings, as the Clerk and other niemders appeared to have been, there was every probability that they would not, on election have undertaken the duties. MrMUERAY said that the older members of the Boarl were perfectly aware that the Boardwas not legally constituted. Thy had directed the attention of the Government* to the matter for some time, but, from the absence of the Superintendent and other causes, it was delayed for some time, until latterly laid before the Provincial Solicitor. Finally, it was agreed to go on until a new election should take place. Through some fault of the Government in advertising ths election, it was intimated to take place at the Court-house, the use of which, it appeared, it was inconvenient for the Magistrate to give oa the particular day appointed. Mora time elapsed before a second advertisement was issued, and after the election it was arranged that an Ordinance to legalize the proceedings of the Board should bs introduced. By the fault of the Returning Officer, Ihe number of members to be elected, and not the names of members retiring and resigning, were announced, aud hence, also, part of the illegality. . , Mr Mansford begsyed to be allowed to explain that the illegality in the election of tha most reeentiy appointed members did not arise from the circumstance of his' decliuing the use of the Courthouse. The notice of election did not appear in the Gazette until the end of February, whiie the election should have been made early in January. Though he had been a little piqued at the appointment of the Court-house for the election without any information or requisition made to him as to the nse of what was really a privite building, it was not from any delay through that matter that the illegality of elf ction had arisen. Mr Murray said that had the members of the Board backed out of their position at the time, they would, by losing the grants of money made, have done serious injury to the interests of Port Chalmers, and he did not think'the ratepayers would iv any instances make the informality of the election "a reason for the non-payment of the assessments. The Government was perfectly aware of the circumstances, and hewoald propose, until an opportunity offered for the passing of the necessary Ordinance, the members should continue to act. . The Clerk thought, from his recollection ot the correspondence with, the Provincial Secretary,' that no election now would be more legal than the former one. _~.»«. Mr Mansford, on consideration, agreed tnat such was the case. Mr Ckickhore having seconded the amendment, Mr iIoBERTSOS withdrew his motion, and it was unanimously agreed that, until _an Ordinance could be obtained, the members I should continue in the discharge of their duties, I as any legally appointed Board. j An intimation from Mr Ritchie, resigning his ! seat, was read, and the Clerk having brought I forward a memorandum on the subject of the recreation ground, it was agreed to proceed with the improvement of the ground immediately, and to advance the work a Committee was appointed to inspect and to report. The Josephstdt Theatre, at Vienna, is reported to have ma le a decided hit with a male balletdancer, whose success it seems arises from the fact of his having one leg. • . j The Premier has yielded to the representations of his friends, and quits the House when tha im- i portant business is over, instead of waiting til its rising at one or two. * "RED LIOJST BREWERY,"