GREY STREET TAR WORK

Poverty Bay Herald, Volume XLIX, Issue 16175, 11 July 1923, Page 8

GREY STREET TAR WORK

A CASE FOR SETTLEMENT.

COUNCIL TO COMPROMISE. WITH

COMPANY. The question of legality of any payment on work mot certified to by an official of tho Borough Council was raised by Cr. Hill at last meting of the Borough Council, in respect to the decision to pay the Restar Company's account for work done; in Grey Street. Last evening a letter was received by the Council, from Messrs Ohrisp and Chrisp, intimating that the Council would bo within its rights in arriving at a compromise with, the company. ' The letter stated: "It is not- legally necessary that the engineer of a local authority should certify to the correctness of an account to make it a. valid payment. It jsi sufficient if such authority is satisfied that the work has been properly done. In this case we understand that the carrying out of the work was relegated to the Mayor, and unless ho is satisfied that the work has been properly done, he should not certify, .nor, in such a, case should he be expected to do so. Such a. course would bo highly improper. ... If the Council . are. dissatisfied with tho work, and can bring evidence Co support a. defence, it,can resist payment, and if a judgment goes against it then, of course, it must pay, and such payment would bo perfectly legal. ..... From what we can bather) we are inclined to think that there would noil be much chance of establishing a good defence. Under all the circumstances, wo are of the opinion that this is a casci for settlement by compromise, and we think it would be tho best course for tho Council to adopt. Tti would certainly be the cheapest in tho long run, and no further question in the matter could hereafter be raised.'.'.

Cr. DcCosta moved that the Mayor and tho borough solicitors be authorised to arrive .at a compromise with tho Restar Company. The Mayor said he would prefer to be loft out of it, and Cr. DeCosta amended his motion accordingly. Cr. Hill seconded tho motion.

Cr. Mil-field: It's the Restar Co., Cr Hill.

Cr. Coleman wished it made clear that tho dispute was not in respect of that! portion- of Grey Street between Gladstone Road and Childers Road, but tho section on; the other side of the main street. He asked what terms the Council would compromise upon. The Mayor said they could .safely leave that to the solicitors.

Tho motion before the meeting was carried.