WAIKATO COUNTY COUNCIL.

Waikato Times, Volume XIV, Issue 1200, 6 March 1880, Page 2

WAIKATO COUNTY COUNCIL.

The regular monthly meeting of the Waikato County Council was held in the Council Chambers, East Hamilton, yester- i day morning. Present : The Chairman, Captain Steel, and Councillors Primrose, Fergusson, Kirkwood, Martyn. The minutes of preceding meeting having been read and confirmed CORRESPONDENCE. A letter was read, addressed to the Government, stating that the Waikato County Council recommended the establishment of a close season for hares. A letter was also read of condolence from the Council, addressed to Mrs Walker, on the decease of her late husband, Cr. Walker. A letter was also read from the clerk, directing Cr. Henry to supervise the work of constructing the Wirangi Road, and stating that the contract of Mr Coxhead had been accepted. THE £100 ON BRIDGES. The following letter from Messrs Hesketh and Richmond, addressed to Messrs Whitaker and O'Neill, respecting the £100 in dispute between the Hamilton Borough Council and the county was read by the clerk ] — Auckland, 19th February, 1880. Messrs Whitakcr and O'Neill, solicitors, Hamilton. Gentlemen, — "We have been consulted by the Waikato County Council in reference to a claim, which you, as solicitors to tht* Borough ot Hamilton, have made against the county for payment of the sum ofj£ioo in terms of an alleged award made by Mr Thomas Macffarl.ine as a commissioner under Section 33 of the Municipal Corporations Act, 1878. This so-called award has not yet been filed in the Supreme Court, aud we have advised the county not to pay the same. If this document is filed, an attempt is made to give it the effect of a judgment of the Supreme Court, we shall take the earliest opportunity of instructing proceedings to have the same puashed, and the so-called judgment set aside. We are led to advise the County Council, as above indicated, for the following reasons :—: — First— The money having been distributed, and in strict accordance with the Counties Act, there is no moral or equitable ground for refunding it. Secondly — There is no legal claim. First, because the case does not fall within Section 52 of the Municip.il Corporations Act of 1876 : for it does not relate to any one ot the matters therein mentioned for money expended by a borough in the making, &c. of a road. However, the county, \\e think, may be said to come within the section, and therefore, thirdly, there was no power to apoint such a commission, and in making such an appointment there was an excess, or rather a want of jurisdiction. Fourthly — The award is consequently invalid. Fifthly — Even if the commission was lawfully appointed yet the commission is bad on its face, for it does not show the matters necessary to make a valid award, no jurisdiction being shown. Siith — The award not being by the Commhsionen, of audit does not come within section eleven of the Act of iB7B,and has not the effect of a judgment of the Supreme Court. We think yon «ire entitled to know the reasons for the advice we have given, and herewith you have them. We shall be glad to have yours in reply. — We have, &c, HbSKbTH AND RICHMOND. Certain accounts from Huntly were received through Cr. Henry, and ordered to be paid. With respect to the dispute with the Borough Council referred to in Messrs. Hesketh and Richmond's letter the Chairman said it was an unjust debt, and he was inclined to fight it out. Cr. Fergussos thought that with the opinion before them, the Council could scarcely do less. Had the Borough come to a compromise sooner, they might have accepted it, but that time was passed. He proposed that "The Council defend any action for the recovery of the money." Seconded by Cr. Martyn, and carried unanimously. Cr. Kirkwood thought it was a matter purely affecting Kirikiriroa, as the money had been spent in that district, Cr. Cumming said the Borough had had the opportunity afforded it of arranging the matter, but the Borough delegates neglected to meet those keeping the appointment on the part of the Council. Cr Fergusaon asked would the County as a whole, or the part on which the £110 had been spent, be responsible for the amount if the defence failed. He did not believe in the Cambridge end having to pay when all the money had been spent at the other end of the district. The discussion was allowed to drop. BANGIRIEI OUT DISTBICT. Cr. Kirkwood thought it desirable to have Rangiriri Outdistrict formed into a Highway District. Half the time of the Council was taken in managing the Rangirhi affairs, the Council being thus rendered a Highway Board as well as a Council. Cr. dimming suggested that Cr. Henry might take the feeling of the settlers at Rangiriri on the matter. Cr. Primrose also thought the settlers might have the consideration of the matter suggested to them. The Clerk expressed an opinion that though the County could absorb highway districts, there was no power given in the Act to enable a portion of the County to form itself into a Highway DistrictIt was resolved to test the feeling of the settlers through Cr. Henry, aud in the meantime to acertain the legality of the movement. Certain accounts were then passed for payment. It was stated that the credit balance of the Council was £23. The Chairman mentioned that if the Minister of Works came to Waikato, a deputation of the Council should wait apon him with respect to works necessary j in the district ; one of the most important of whiHi Avas tlw Cambridge

Branch Railway. He would propose that Crs. Fergusson, Martyn, Kirkwood, and the Chairman be appointed a deputation to wait on Mr Oliver. The proposal was generally agreed to.