MUNICIPAL COUNCIL.

West Coast Times, Issue 912, 25 August 1868, Page 2

MUNICIPAL COU NCIL.

The Council met in committee of ike whole last evening, at 7 o'clock. Present -bi-13uttoa (in the chair), his Worship Uie Mayor, Crs Bavtlett, Higgin, M'Belh, rX, ' Ecclcsfield, and Prosser. Ike Chairman stated the object of meeting was to consider what compensation, it any, should be given to certain inhabitants who had built on the West sido of Revell street, and-whose building it was wished to remove for tlie purpose of opening up Stafford street to the Bench. The report of the right-of-ways Committee, and the Town Surveyor's Report (which have already been published) was read. Cr Higgin said it was quite clear to him tnat no particular action was taken by the Government to prevent these people from building, and moreover, it ilia not appear that Stafford street was! surveyed further than the East side of ■Kcvell street. The Mayor said that he had no doubt at all on the matter, for the Government notices only were intended to apply to the East end of Stafford street, and to deprive those persons who had built on an open beach of compensation, was - manifestly uujust. He did not sec any need ot reading any further correspondence, and he would move that compensation should be given. The Chairman said that he thought the matter should first be thoroughly investigated. CrM'Both thought that common sense and justice pointed out that compensation should be given, and he saw no reason why they should go on with the correspondence. He seconded the motion. Cr Higgiu, although in favor, at present, of giving compensation, still thought that an enquiry should bo held. Cm Boyle and Bartlett saw no necessity for reading the correspondence, as it was plain the partios were entitled to compensation. Crs Ecclcsfield and Paterson wore in favor of reading the correspondence, and thoroughly investigating the matter. The Mayor, by leave, then withdrew his motion. The Town Clerk then read certain correspondence, which had bacn laid before the Council at the meeting held on Friday last. Cr Higi'in said ifc wa3 quite clear that, the occupants built believing that they had a perfect right to occupy ; and it was also equally clear that the Government had never given notice to the contrary, and he was satisfied that the Council would not so far disgrace itself as to compel these people to remove from the sites they now occupied without giving them compensation. Cr Paterson. said that as tho Government had laid out, some little time since, land in Revell street, north of Stafford street, it was quite cleav to his mind that the occupants referred to. were entitled to compensation. The Mayor said that it must be clearly apparent that the forming of the streets to the beach north of the first survey was entirely an afterthought on the part of the Government, as it was previously intended that the (spots referred to were to be an open beach, and, that being the case, it would be manifestly unfair to refuse compensation. Cr Higgin moved, " That the roport of Right-of-ways Committee, recommending compensation, be adopted." Cr M/Beth seconded the motion.

The Chairman said that, legally, the Council had "tho undoubted right to remove the parties, as they had no title. But the question had all through borne an equitable aspect, and as such he only wished the parties to show such an equitable claim as would satisfy reasonable men. He then proceeded to contend that the claimants had nofc shown that they - had taken up the land, having reasonable and probable cause to believe that they might occupy ifc permanently ; on the contrary, those persons who took up ground on the beach north of Stafford street must be presumed to have taken it ut) on the understanding that they would liavo ■ to remove whenever called upon, to do so by the Government. For his parfc, he could not see that the parties referred to had exercised a reasonable discretion in taking up thejand, and as such he hardly thought than they had a moral claim to compensation. Cr Paterson pointed oufc, that after the sections had been taken ivp the Government, on petition of the occupants, had caused the sections to bo surveyed, and mado them parfc and parcel of the street, and from that time those occupants were entitled to compensation. The Chairman said that, whilst listening to the eloquent speech of the learned ' chairman, he almost fancied that he was ' in the Supreme Court listening to the' • speech of an advocate, who could only look at one view of the case. But it had not made the slightes fc impression on his • the (Mayor's) raind, as ho was still of opinion, that in all honor and justice, these men were entitled to compensation, 1 - and this view he felt satisfied the public would endorse if they were appealed to. (Applause.) The Chairman said that if there was, any further expression of public feeling lie should direct the Council Chamber to ~ be cleared, as their proceedings must be conducted in all quietness. After some remarks from Cr Higgin, the motion for adopting tho report; was agreed to. The Council then resumed, the Mayor in the chair. Cr Higgin moved—" That the amount of compensation to be paid to Captain White aud s'lr Reuben Harfc be £150, and that they bo allowed three months to remove thoir buildings. Cr M'Beth seconded the motion, which I after a slight discussion was carried. PKOSPECTIXG FOE GOLD. Letter from Murphy aud two others, asking permission to prospect for gold in Tudor street, Messrs Ohelfiug and "^hitton giving the necessary guarantee. The application was granted, subject to the approval of the Town Surveyor. TENDEE FOE PLAKKIKG THE WHAItF. Letter from Mr Keynolds, contractor, for planking the wharf, asking the Council to cancel his contract, as he had made a serious niktako in the estimate. Cr Proiser having the sus- » pension of the standing orders, moved " That the motion accepting Mr Reynolds' tender be rescinded, and his deposit money returned. I - Tke motion was passed. Cr Prossor moved—" That the tenderof Messrs Kerr and Hogg be accepted, which was agreed to. The Council then adjourned to Friday ' next, at 7.30 p.m.