EAST TAIERI.

Otago Witness, Issue 496, 1 June 1861, Page 5

EAST TAIERI.

A mooting of the District Board of Road Trustees was held in the School-house on Tuesday evening, the 2 1 at May. The meeting, after careful consideration of the decision given by lm Honor the District Judge in the case of Aitken and Toild versus fhis Board, unanimously agreed to the following resolution :—: —

" This Board regrets that, in consequence of its solicitor not filing a special defence, the whole facts and merits of the case were not laid before his Honor the District Judge, in consequence of which tho judgment pronounced by his Honor is founded upon totally erroneous premises. The present Trustees have not expended one farthing of the funds handed over to them by their predecessors in respect of the rale levied for the work of which that performed by the plaintiffs forms a part. The only money spent by the present Trustees was a sum of £2 Is. lo^d. expended on the construction of a bridge in Sub-District No. 2, but this sum was the balance of a special rate levied for roads and bridges in the said Sub-Dis-trict No. 2. This is distinctly shown in the Auditors' Report referred to by his Honor. " The sum handed over to the present Trustees by their predecessors as balance of the last general district rate amounted to £23 ss. 7d., and the wiiole of this sum is still in the Treasurer's hands. In fact, neither the Trustees of the present nor of the past year hare incurred any new liabilities in respect of the last general district rate. The whole of the present difficulties have arisen from the Trustees of 1858-5'J having illegally, nnd previously to the collection of the rate, entered into contracts for the execution of works involving a greater expenditure than, the proceeds of the rate imposed for tho purpose would meet.

" There are other parties, besides Messrs. Todd and Aitkcn, who have claims against the District Board in respect of contracts entered into by the Trustees of 1858-59, and for the full discharge of Avhich insufficient funds were left by those Trustees of 1858-59. The present Trustees understand that their predecessors, the Trustees of 1859-GO, expressed their willingness to divide the afore-mentioned sum of £23 ss. 7d/ among the creditors of the Board, in proportion Jo the amount of their respective, claims ; but since the assumption of office by the present Trustees, no demand wa3 made upon them by Messrs. Todd and Aitken for payment of their claim until legal proceedings were instituted by Mr.'T. B. Gillies at their instance. Judgment, however, having been given against the Trustees, tbey*can discover no other means of extrication from their present difficulty than by authorising the Treasurer to pay to the plaintiffs' solicitor- the aforesaid balance of .£23 ss. 7d., being the whole, amount handed over to them by their predecessors on account of the last general rate ; and they did and do hereby instruct the Treasurer accordingly. The Trustees further agree to pay the remainder of the claims against the Board from the proceeds of a new district rate, to be levied as soon as circumstances will admit."