HAMILTON BOROUGH COUNCIL AND ITS SOLICITOR'S FEES.

Waikato Times, Volume XXII, Issue 1842, 26 April 1884, Page 2

HAMILTON BOROUGH COUNCIL AND ITS SOLICITOR'S FEES.

Mr W. Macghegor Hvy's bill of costs against the Hamiltou Boiough Council came up for taxation before the Registrar of the Kupiome Coiut, Auckland, on Thursday. Mr Hall (for Mr Thorne) appeared for the council, and' Mr Gelling, Town Clerk of Hamilton, was also present. After healing both sides the Regtbtrar reduced the bill, which amounted to £23, by £2 2s Id, remai king that it ought never to have been brought before him. He said that if he were allowed to mciease the bill as well as reduce it, he would have added .several items which might justly have been claimed by Mv Hay. The question of costs is to be settled by Mr Justice Gillies. As the result is likely to occupy furthei public attention in Hamilton, we give a sihoit resume of the business. An account of Mr Hay's, some £23, was considered by the borough council at the monthly meeting of February last as excessive, and the matter of paying it or not having been discussed in a desultory m.umm, it was left to the clerk to ascei tain the cost of taxation, Theoleik, who states that ha considered his insti uctioiis as final, instituted proceedings for the taxation of Mi Hay's bill. That this had been done only came to the knowledge of some of the council thiough the report of the proceedings at Auckland appearing in the Press, and at the monthly meeting of Match a tevolution, brought forward in the council that pioceedings bo discontinued and Mr Hay's bill paid, was canned unanimously. The day after the Mayor was informed that if dibcontinued the council would have to pay borne £12 14s, costs already incurred for the proceedings as far us they had gone. MiHay then offered, if pioceedings were discontinued, to guarantee that the costs should not exceed £8 to the borough, making himself responsible for the. difference. Nevertheless, the Mayor called a special meeting for Thur&day, the 17th April, to le&cind the resolution to stay proceedings above referred to. At that meeting it was arranged that if Mr Hay would pay the difference between £8 and the costs aheady incuired in proceeding with the taxation, the pioceedings should be discontinued. This Mr Hay personally agreed to the .same evening. On Tuesday last the Mayor and cleik interviewed Mr Hay, who expressed himself willing to carry out his part of the, arrangement, asking only that Thursday's proceedings be adjourned until he could receive Mr Thorne's (Messrs Whitaker and Campbells Auckland agent), bill of costs on detail. This the Mayor refused, and sent the clerk to Auckland on Wednesday morning by train to carry out the proceedings before the registrar. Mr Hay s letter to the Mayor, written on Tuesday evening last after his interview with the Mayor and eleik, and handed to the Mayor by Mr Hay at 9 a.m. on Wednesday morning, an hour and a-half before Mr Gelling left for Auckland, explains the whole position of the case. The question now is, will the burgesses support the Mayor in an opposition to the expressed wish of the council twice repeated, and which has now saddled the boiough with costs, probably to the extent of £30. The following is Mr Hay's letter :— Hamilton, April 22nd, ISB4. To his Worship the Mayor. Sir, —Re taxation of my bill of costs. In order that theie shall be no misconception on the part of yourself, or of the council as to what I was this afternoon, and still am piepared to do in the above matter, I wish to put it on record. A few days since Councillor Yon Stunner showed me a copy of a resolution passed by the council, and I expressed myself willing to carry out any part of it by paying the difference between £8 and the bills of cost " incurred " by the borough. Messrs Whitaker and Campbells bill of cost 3 (which is a curiosity in more ways than one) was handed to me last evening, but Mr Thome's has not yet been furnished. It is necessary that Mr Thorne's bill should be furnished in order to enable me to check the items of the two accounts together, and to ascertain whether or not work has been charged twice over. You must see that this is quite a reasonable and business-like request, as it is not possible for me to pay a bill of costs which I have aot had rendered to me. All this I stated to you this afternoon. You said that Mr Thorne's bill of costs would not be here before Thursday, and that is the day appointed for the taxation to proceed. I asked, and still ask that the case be adjourned by consent (which would cost about (3s 8d at most) until after I had seen Mr Thorne's bill, and this you refused. I told you also that I was, and I still am, willing to leave the money I will have to pay to the borough if the bills are correot, namely, £2 14s Id, in the hands of some responsible person to be paid over if on inspection they are found correot. Although you seem not to know your position. I warn you that you are not in a position to go to taxation, and that this will ultimately be proved to you at very considerable cost, aa I intend to take the matter to thg highest possible courti J have to requeßt that you will take the earliest opportunity of showing this letter to each councillor, and that you will lay it before the council at its next meeting. —l have the honour to be, sir, your obedieut servant, W. M. Hay.

Tbe electoral rolls for the Waikato county are now open for inspection. Messrs Clark and Gane have received instructions to sell at an early date the furniture »qd effects of M,zt Mor«ton, Particulars in, (u,ture