BROUGH COUNCIL.

Poverty Bay Herald, Volume VII, Issue 1158, 27 October 1880, Page 2

BROUGH COUNCIL.

The ordinary fortnightly fffSStin'g of the - Council was heldlast evening,;the sitting lasting to midnight. Present : Councillors Townley (in the ..Chair), Brown, Berry,- -Whinray, Tnt--chen, Clayton^ Piesse, Ward,- and all theofficers of the Council. After the minutes of the previous meeting were read and -confirmed, the outgoing correspondence, consisting of a letter to "Mr. J. Bennett,' -notifying his temporary appointment ,-as . wharfinger ; one to Mr. H. Fraser, calling on him to remove property fro'nv ofr the Taraheru Reserve; aud one . to;'. Mr. W. Adair, requesting an explanation, with respect to the claim set up by Read's Trustees to the wharves purchased by the Council, were read. -\ XV lito* ChemneVs.'— Denis McCarthy applied for permission tb use "ah iron flue at his premises in Derby-street. 0r..- Townley said when the -Bye-law j was suspended it was clearly understood that no other iron chimneys were allowed ■to be built. : He did hot ' think " they ' could make this concession. Cr.. Piease said, to test the feelings of the Council in the matter he would move a resolution. .There were a; number of people who felt this 'B^e-law a hardship, and this building being away from the town, they could, reasonably "grant permission as the Bye-law was only suspended at the option of 4he Council. He would move that the concession be granted. . v Cr. Berry said that he was not aware that the Bye-law .wa3 suspended, nor did the inspector, who had already instructed Mr. McCarthy not to proceed with the work. However, if permission had been given '-in "other cases, he would not object. If the Inspector was. indemnified he would second the motion of Cr. Piesse. , ■ ..•"" Cr. Ward objected to the course taken by the Council in stultifying their Byelaws. He was prepared to support any alteration but what they. had Jthey should adhere to, to the letter. Cr. Townley said when the deputation waited on the Cjpuncil all they -asked was that the bye-law"; should not have a rer trospective acHonj .arid the suspension only applied to those, chimneys . already erected. The ByeUaw had been suspended only- on this understanding, and. at the option -pf the Council. He would move, that permission be not granted. Cr. Tutchen seconded, and said if they got an application to ciit'drains pr make culverts, they left the matter to the Engineer ; this should be left to the Inspector. As for insurance agents, their judgment was Jiot worth much, as heheard of an insurance " agent insuring a house for a £100 not worth £15, which was burnt down 3 weejcs after. Cr. Piesse asked the' Council not to be harsh. The applicant was a poor man, and every consideration should be given him. > He was asking for permission which was virtually granted, and this portion of the Bye-law -,was suspended. -Or. Ward : -They can't do it. The motion was lost, and .the amendment carried, Councillors Townley, Brown, Ward, Tutcnen,. Clayton, ana ;:Whinray, voting for it, ! .. .- • Or, Piesse gave notice of moton for the consideration of the subject at next meeting. "[ * .>'■•>•■ Gaol Labour. — Mr. J. Donnelly, Gaoler, Gisborne, informed the Council, that in accordance with "instructions from the Government, on and after the Ist proximo, prison labor would have to be paid for .'*""• The Town Clerk explained that the rate to be paid was 75 per cent, of ordinary ': wages; Mr. Donnelly would meet any members of the Council, and asked for, an expression opinion from the Council. . As the Government gave 6s. per, day 4s. 6<lm would therefore, be rjhfcir piay, but it remained for the Council to decide the wages they would give. Cr. Townley said if there was' anything to be gained by keeping the gaol and having tlie labor, they should 5 " come to some arrangements. He did not think the Council benefited much from gaol labor. >'■ Gr. Wliinray proposed^— That the Public Works Committee interview the gaoler, and arrange for the labor. : : - After a long discusssion it was finally resolved — That- the Gaoler be iuformed that the Council will take the prison labor at the rate of 3s. a day conditionally that a warder be provided to oversee the prisoners. Applications. — .Messrs. Rob Johns & East, and Mr. C. D. Berry, applied for permission to erect a verandah in Gladstone road. Granted, subject to the approval of the Engineey. |M&. J.MK Barnard and Mr. EMBoylan, ( received permission to take, a horse over, the foot-' path at their respective premjses. , , „ .The. Gisbobne. WHAB.TESr--A . letter was. received, front ßead's Trustees, in which they, expressed -themselves, .sur-! prised to, learn that- the Council and Mr. 'W. Adair had • appeared to ; ' ignore the agreement signed by Mr. Adair, which [gave them a lien on the -wharf. They claimed that with the exception of the new wharf the whole of the wharf, frontage belongs to the Trustees. They warned the Council that unless they were arranged with, further legal action would be. taken. Cr. Piesse thought it was simply a. matter between Mr. Adair, and Read's Trustees. The Council knew nothing of. the lien. , ■ ■■ ■■ m : Cr Townley said it appeared they had '

bought a property without a title. To Cr. Ward-: I think you were on the Wharf Conimittee. Or. Ward- : yes, I was ; from what Mr. Adair said at the Committee meeting, I understood the Council had bought the old wharf. .-.Cr. Tutchen asked if Cr. Ward was not one of the Committee .appointed to interview Mr. Adair. .It,>waJs his duty : as a Councillor to study the interests of the burgesses. Cr. Ward said that was. •aprivate matter, and he would .not interfere with it. Cr. Ward said* it wai not his duty to mention anything concerning a private ; matter; .OSe understood the Council were only purchasing the old wharf. Cr. Townley said that Mr. Adair had treated the Council with disrespect in. not replying and giving- an explanation. - The; Town Clerk said Mr. Adair had promised a reply thatrevening. Cr. Tutchen thought the solicitor appointed to draw out the deed to blame if there was anything wrong. He ought to have seen that Mr.- Adair had a proper title. CrM Ward-said that probably. Read's. Truste.es hayiHg.ca claim would represent the matter to Jhe Government Or. Whinray "thought that,Cr Ward ought— to have mentioned something .about this before. It seemed singular •tliat he should, have thought they were only treating for the old wharf, ... Cr~ Clayton, moved and Cr. Tutchen, seconded-r"That a letter be written* to Mr".- W. urging the settlement with Read's Trustees, and an indemnity to the Council .as., aigainst the Trustees. The deed was readj in which it was expressed that the Council was indemnified by Mr. Adair. Cr. Piesse moved that the receipt of the letter,'- from the Trustees be acknowledged, to that tliey be informed that it has been sent to Mr. Adair for explai lation. Cr. Clayton and Tutchen ■ withdrew their motion in favor of Cr. Piesse's. The Councils letter to Mr. Adair asking for explanation was re-read, and on the motion of Cr. Brown, seconded by Cr. - Piesse, it was resolved^-That a letter be \pitten to Mr, W. Adair, expressing surprise' that no answer has been received' to the Council's letter of the 20th irisf;, with reference to the purchase.of the wharves. At this stage Mr-. W. Adair attended and submitted a letter in reply which was read. He referred the Council to the deed assigning the wharves, in which he there covenanted with them that he had done nothing nor suffered ■ any thing to be done, whereby the title is encumbered. He was prepared to meet the claim of Read's Trustees, and protect the interest, which he had disposed to the Council. Mr. Adair then entered into an explantion, Read's Trustees should show their title when they made such a claim from the Council ; they had none whatever. There was no mention of the stockyard inj lease. It was, erected at his own cost, some £300. The shed wes on the site of the old wharf. Read's Trustees could not touch the Council in any way. Their action was against him. They had. no right or title to anything • sold* by him, theii 'lien being only on the ground where the store at present stands. Cr. Townley said what the JOqiMicil required was an explanation satisfying them that their title was good. Mr. Adair had given them one. The Council then, rescinded the last ' resolution passed, which censured Mr. Adair for not replying, and resolved, that a copy of Mr. Adair's letter be forwarded to the Trustees Read's Estate. Whajrf Dues.— Mr G. J. Browne claimed exemption as a government officer from the payment of wharf dues on his luggage and refused payment to the 1 wharfinger. The Clerk was instructed to write to him, forwarding the account and asking for payment. Supplies wor .Tramway.- -It was reselved on the representation of Mr. M. McLeod, that the Council request a supply of dogs and. fishVplates for the tramway from the County Council.