HARBOR BOARD.

Gisborne Standard and Cook County Gazette, Volume V, Issue 656, 10 September 1891, Page 3

HARBOR BOARD.

An ordinary meeting of the above was held on Tuesday evening. Present: The Chairman and Messrs Joyce, DeLautour, Matthewson, Shelton, Bright. In the outgoing correspondence there were several letters to members of the House concerning the desired harbor endowment. Mr Fannin, Secretary of the Education Board, wrote in reply to a demand that the Education Board was not liable for rates on the school playground and cottages.—Mr Shelton said a similar case had been decided in Napier against the Board,—Mr Warren said he understood the question would be raised that tbe property bad not been vesied in the Board, so that there would be difficulty in the matter.—Mr DeLautour explained that the ground had been purchased by public subscription and them became vested in the Crown. The houses being worth repairing had been repaired, but tbe property was as much part of the school ground as tbe other.— Mr Joyce thought the Board should be liable.- Mr Warren said he understood all the money derived was spent on the school grounds —The Secretary said Mr Joenston had stated he had legal advice that there was no liability tor the rates,—Mr Shelton thought they were bound to try and collect the rates, and they should have the matter tested.—Mr Matthewson was afraid any case would break down.— Mr Shelton moved that the matter stand over until there was a full meeting of country members.— Decided to leave the matter over. Mr Maude wrote :—I have the honor to ask your Board to take into consideration the excessive and unfair amount that 1 am in some instances rated at. I shall be most happy to attend your meeting and explain matters, if you kindly permit me to do so. I have explained to Mr Townley what I object to, and perhaps yon can do without my personal attendance. I take pleasure in always paying what I owe, but when I consider myself unjustly treated, I prefer a few law suits, appeals, etc. In this case I Shall accept your decision as final, even although you should decide against me, so please don’t be frightened.

Mr Joyce would prefer to hear Mr Maude’s explanation to a lawsuit.—The Chairman explained that Mr Maude had complained of excessive rates, and he had advis-d him to write to the Board. He had told Mr Maude that the Board had no p -wer to alter the assessment which came to them from Wellington.—Mr Joyce moved that Mr Maude be heard.—Mr Shelton wanted to know if they had any power to alter the Valuation.—The Chairman said they had not such power.—Mr Maude referred to Mr Whinray’S case, but the Chairman said that was not similar, as there the amount had been increased, and Mr Whinray had no power of appeal.—Mr Maude said he had had no opportunity of appeal.—Mr Joyce urged that Mr Maude’s explanation be heard.—Mr Matthewson bad no objection, and Mr Shelton said he thought there was no use going into a matter in which they had no power to Interfere.— It was decided to hear Mr Maude, Who explained that he had responded to the various advertisements, but always got put off with the statement that that was not the time to deal with the matter. They appeared to have rated his tenants as well as him, and When the tenants went out he had tq pay tbe atnoont due, The properties appeared to have been increased from about £l6OO to L4OOO. He had not got a penny out of tbe block, yveryibiog being swallowed up io rates and (nruraoce. Ha had protested, but without redress, and yet ha saw that Mr Whinray pad got relief on tbe ground that he had not got notice of increase. He (Mr Maude) had W cf increase.—Mr Bright moved, and Mr Bhsiton seconded, that Mr Maude be Icformed -hat tbe B:,ard had no power to alter the valuation made by tbe Government valuator.—Mr Maude : Well, I oao’t thank you for it. — Mr Matthewson said the Assessment Court would meet shortly, when Mr Maude could bring the question up, Mr Kelly, M H. 8., wrote, stating that the Premier felt that the Bill could not be got through this session to enable tbe Board to jet an endowment. Mr Ballance had promised his support, but the other members of the Cabinet might offer opposition and be thought it better not to press the matter at present. ' Tbe Marine Department wrote requiring the Board to have buoys and lights pronerlv Bled, failing whioh it would be done at the »oet of the Board.—The Chairman said this was Ihf reanlt of the survey—until those things

were fixed the work done was useless.—Mr Shelton asked whether it was not part of the survey work.—The Chairman replied that it was not. —Mr Bright said all tbe Acts passed could not extract blood from a stone—they could not compel the Board to supply these fixtures when they had not the funds.— The Chairman thought the Government would stop the money from funds they had of the Board’s.—Mr Shelton considered it a colonial work, though the Board might not object to the lighting of the lamps.—Mr Bright moved the Marine Department be informed that the Board had not sufficient funds for the purpose.—Mr Shelton suggested that the matter be referred to the member for the district.—The Chairman said they should act cautiously in dealing with the matter Mr Witty said the Harbormaster estimated the buoys would cost £5OO, and Mr Robinson said he had been informed that laying on the gas would cost £2oo.—Mr Joyce said if the Government were determined to do

the work, it might be much cheaper for the Board to undertake it.—The Chairman thought Mr Shelton’s suggestion was the preferable one.—Mr DeLautour favored Mr Bright’s view, because they had not the money, and as the Government were going to do it he would let them—threatened men lived long, and ha did not think it would matter much if they were in a way made liable.—Mr Shelton considered they would be stultifying themselves if they recognised any liability, and by referring Mr Kelly’s attention to the matter they might get something done in it. —Mr Matthewson thought that in any case the Board could not undertake the work itself. —Mr DeLautour regarded the

intimation as a protection of the Government, but not likely to lead to the Board being sued. He moved to the effect that the Board had no funds for the purpose, and that this

should be part of the survey of the bay.—Mr Bright seconded, and tbe motion was carried, A further resolutron was also made, on the motion of Mr Shelton, that Mr Kelly’s attention be referred to the matter. Mr Hindmarsh wrote strongly protesting against his first year’s rental being applied to a purpose for which it was no use, and demanding 18s he had overpaid.—There appeared to have been some misunderstanding about the matter, and it was deferred.

The Harbormaster made a general report, mentioning that the general opinion was that the time for removing the rooks in the river was too short. He had no objection to it being extended. It was decided to have the new office furnished for occupation being entered into by the Board. The following tenders were received for the blasting of the rocks: —M. McLeod £44, P. McLoughlan £l2O. On the motion of Mr DeLautour, seconded by Mr Joyce, it was decided to accept the tender of Mr McLeod, provided that the work tie done to the satisfaction of the. Harbormaster, notwithstanding any doubt there might be in regard to the specifications. The following accounts were passed for payment : — Interest £5,100, Riperata’s estate £0 10s, A. R. Muir £2 14s 6d, wages £5 7s, W. Ratcliffe £7 10s, summons fees £2l I.Bs, fixed deposit £1,500, Borough Council £l7 10s, rates £2 19s sd, sundries £2 12s lOd, W. O. Sheet £66. In regard to the suing for rates, members thought it better that Mr Warren should attend the Court on Thursday if possible. Mr Warren said that he proposed making a test case in regard to the rates due in 1888. According to the general Rating Act such rates could not be recovered, but the solicitor said he thought these rates were recoverable under the special Act, and had also the opinion of eminent oounsel to that effect, The test case proposed to be taken was for an amount of £2s.—Mr Bright thought the Board should be made acquainted with the case. ¥7llO was the person to he sued ?—Mr Warren said there was a delicacy in mentioning names, but he indicated that the ease was one in which the tenant had gone bankrupt, and the owner of the property was liable—Mr Joyce at once eaid that this referred to the Masonio Hotel case, and he spoke very strongly against his being aimed at in this way for what he believed to be ulterior motives. He warmly protested against any other course being adopted than the usual one of taking cases alphabetically, and said that he was being singled out for special reasons to suit oth- r people.—Mr Warren denied that there was feeling of any kind in the

matter ; he bad just used his discretion, and taken what seemed the most suitable case for a test. —Mr Joyce said in the case of the Masonic Hotel, no opportunity had been given to him as owner to recover the rates from the tenant (Scott) who had become bankrupt.—Messrs DeLautour and Bright thought that members of the Board should be sued first.—Mr Joyce again warmly spoke concerning this ease being singled out.—Mr Warren eaid he had tried to do his beet in the interest of the Board, and he could not submit to such accusations being made—he would have nothing more to do wi h the collecting of the rates.—Mr Joyoe said he made no accusation against Mr Warren personally, saying that that gentleman was prompted in this matter by some one else, and that he (Mr Joyce) knew all about it.—ln reply to tbe Chairman, Mr Warren said the alphabetic order of issuing summonses had been followed, except that discretion had been exercised where the amounts were so small that it would only be throwing money away rushing out a summons immediately.—Mr DeLautour, in reference to the test case, proposed, and Mr Bright seconded, that the discretion of the Collector be not interfered with.—Mr Joyce proposed an amendment that all rates be sued for alphabetically as hitherto. There was no seconder to the amendment, and the motion was then carried, Mr Joyoe dissenting. On the motion of the Chairman it was decided to rescind the motion not to let the three remaining sections of Tauwhareparae, and notice was given to consider whether they should be dealt with at next meeting. The Chairman said that there would be little use in retaining these sections as first intended, for timber reserves, as they were little use for that purpose, and it would be better to let them soon, if possible, so that tbs leases would all terminate at the one time.—Mr Joyce objected to any action being taken at the present time, An application from Olayton and Co, to rent the cement shed was deferred until the question of disposing of the plant came up. That was left over for a fuller meeting.