LYTTELTON BORUGH COUNCIL.

Star (Christchurch), Issue 150, 4 November 1868, Page 3

LYTTELTON BORUGH COUNCIL.

<$> Monday, Nov. 2. Present : Councillors Willcox, Woled_e. Allwright, England, Hawkins, Hargreaves, Chalmers, Ward, the Mayor [-residing. lhe minutes of the former meeting were read and confirmed. The following correspondence was re*d : — FrOm the Council to his Honor the Superintendent, asking him to appoint Me -sis J Beaumont, and D. Caro, auditors, in compliance with the Act. From W. Montgomery, Esq., Deputy Superintendent, appointing those named as special auditors. From the Provincial Solicitor, enclosing tbe Attorney-General's opinion on the municipal reserves. The following is tbe correspondence on the subjet:— "To R. W. DMyly, Esq. Here with I forward you a copy of the AttoraeyGeneral's opinion as to the reserve;*; he even goes further than I do, and thinks that v fresh Crown grant even will be required at any rate, he quite agrees with my view oi the case. I expect Mr Wilson will communi eate with you at once, as 1 have sent a copy of the opinion to the Christchurch Council " The following is the opinion :— " The Municipal Councils Wserves Ordinance •imply vests the reserves specified in schedule B to that Ordinance in the Municipal Corporation, wiih certain powers of leasing ; it does not alter the trusts or purposes of the tbe reserves, nor am I able to ascertain from that Ordinance what the purposes were for which they were reserved Assuming that the reserves have been legally and sufli *it*ntly made for nome defined public purpose, ihen tbe landa are now vested iv the municipality for tbat purpose, with powers of leasing. J am of opinion that any reserve made generally for the pub ie uses and purposes of the provinces is too vague, aud would be held not <* audi, ient or valid reservation. However, ast-uming that the reserves now vested in the municipality have been made for specific purposes, the ' rdinance vesting them does not alter the specific reservation. I think that the terms in that Ordinance, for the uses and purposes of the province, do not alter the purpose of the reservation, whatever tha'tr was, but" leave the purpose such as It '■■ .was bafore. . I am of opinion that the municipality has no legal power given to it to vary the' purposes for which the land waa reserved. If the land in ques tion waa reserved for a Court-house, it cannot lega'ly be used for any other purpose, and as the Provincial Government at present is the only authority which has the power of erecting aid providing such buildings, l think the use of lhe laid for the purpose le-jal and Iptoper. I think that if tho purposes have

not yet been specially defined they should be by a new grant, or by Ordinance according to circumstances. An Ordiuance can then be passed authorizing the change of such pur pose to any other public purpose." Councillor Willcox was of opinion that the matter had not been properly represented. A letter was read from Mr Nalder, offering to withdraw his appeal against the rating «.f his property, provided the Council reduce 1 it £5. A letter from Mr Nulder, solicitor in the suit of Rouse v. Municipal Council, was read, giving notice that he should require the old and uew rate Iroli, and books, to be produced at the hearing of the »ppe--l. -**< A letter was read from Mr Packard, complaining of the great hardship occasioned to the inhabitants by tbe water carriers emptying all the wells in the tovfnj The Mayor said he quite coincided with the remarks in the letter ; something ought to be done with respect to the wells. Councillor Ward defended the water carriers, aud said tbey had as mucb right to go there as anyone else. The Council could not interdict them. Councillor Willcox said they had the power to stop it. The question was, where were the water carriers to go to. Councillor England spoke strongly on the subject, and thought that n stop sh'-uid be put to the practice of emptying the wells. On the motion of Councillor Willcox, seconded by Councillor Englanj^Qtit was resolved, that a committee be formed to consider how the town could be provided with watery /Yretter was read from the Rev J. D. Fergusson, complaining of the nuisance of the baths, and stating that some regard to decency ought to be observed. Councillor Hawkins, us one of the Bathing Shed Committee, said Mr Kergusson's letter was a very just one. In lhe report brought up. a remedy wan proposed, which he hoped the Council would adopt. Councillor Ward said the Council had no power to compel the bather to adopt their resolutions. Councillor Willcox contended that they had, and if the regulations pissed were not; adhered to a remedy ould be had by Mr Fergusnon under the Police Act. The Bathing Shed Committee's report was risad : — / " Your Committee have entered into arnuigemeiits with the Custodian, Mr Kerr, to! let the house and bathing shed for 11 months : froni this date for the sum of £20 for tbat period, as a rental : and that in consideration of the same he lie entitled to all subscriptions accruing therefrom. Tour committee, having considered the scale of charges, as fi-ced, to be satisfactory, recommend the same to be continued, but would suggest that a notice be posted in the sbed, requesting all gent'emeu when bathing to u*e the bathing dress. The contractor will complete his contract during tbe pr sent wr-ek Life buoys and a copper have been purchased at a cost of £3, also labour, mate-ial »«nd iron work for erecting a platform and fence at a fur-, ther outlay of £4 IOs." /! It was resolved that the Council provide 7 a J)roper bathing dre=s for the bathers. | The Work's committee's report was read, i It recommended the new road to be made to Brenchk-y farm; the work on the Governor, Bay Hoad was being proceeded with. It was re-wived, on the motion of Councillor Allwright, seconded by Councillor Willcox, that the report be received and adopted. Accounts amounting to £24 4s were passed. Councillor Hargreaves moved the notice of , motion in his name—" That the town be j lighted by contract." He referred to the way | in which the town was lighted at the present "time. All the Councillors agreed that there oui*ht to be some alteration, und he moved that tenders be invited for lighting the town for one year, commencing on Ist December. I Councillor Hawkins seconded the motion,! and it was carried. i Councillor Chalmers moved his resolution — J ■ That a hose reel in connection with the new ' hose be procured." Councillor Wole *ge seconded the resolution, and it wan carried. j Councillor Hargreaves moved, Councillor! Woledge secondi-d, and it was carried, " that tenders for lighting the town be sent in to the Municipal Office, by November 16." "mmxammmmmmmammmmmmmmmmmmmmmmm^mmKmw^^—mam^^m^m^mm^mm