Borough Council of Newtown.

A special meeting of the Council was held on Wednesday 2nd January 1878, at 7:30 PM.

Present, his Worship the Mayor and Aldermen Abbott, Bailey, Bedford, Fallick, Melville, Neale and Whateley.

Suspension of Council Clerk.

The Mayor reported that he had suspended the Council Clerk whereupon it was moved by Alderman Fallick and seconded by Alderman Bedford that the Council resolve itself into a Committee of the whole to take into consideration the suspension of the Council Clerk. Carried.

The Mayor then informed the Committee that he had suspended the Council Clerk on the 31st December last for giving a receipt for rates, viz., £5/17/0, on the 10th December 1877 and not accounting for the same in the cashbook or other books of the Council.

Special audit and to appoint Acting Council Clerk.

After deliberation it was moved by Alderman Bailey and seconded by Alderman Neale that the Mayor summon the Auditors to make a special audit of the books and accounts from the audit of 31st July last to 31st December 1877 and that the Mayor appoint a Council Clerk pro tem and receive a bond from him. Carried.

The Council then resumed it’s sittings and the Mayor’s report was adopted.

The Council then adjourned.

Read and confirmed this 15th day of January 1878.

Signed James F. Smith, Mayor.


 

Borough Council of Newtown.

 

Suspension of Council Clerk

A special meeting of the Borough Council of Newtown was held on Tuesday the 8th. of January 1878 at 7:30 PM for the purpose of receiving Auditor’s special report and considering the Mayor’s report relative to the suspension of the Council Clerk.

There were present, his Worship the Mayor and Aldermen Abbott, Bedford, Bailey, Cozens, Fallick, Melville and Whateley.

Mayor’s report.

His Worship the Mayor reported that he had directed the Auditors to make a special investigation of the books and submit to this meeting a report and balance sheet of the Council from the audit of 31st July last to 31st December 1877.

Appointment of Acting Council Clerk.

He had also engaged Mr Vivian to act as Council Clerk pro tem and had called into requisition the services of Messrs Wilson and Mowle to compile the rate payers list for the year 1878-79.

Council resolves itself into Committee.

On the motion of Alderman Abbott, seconded by Alderman Cozens, the Council resolved itself into a Committee of the whole.

The Auditors report and balance sheet having been read it was moved by Alderman Melville, “that Mr Llewelyn be called in to answer such questions relative to rent of Hall, building fees and corporate subscriptions as may be deemed necessary. Seconded by Alderman Cozens, but by request withdrawn, whereupon, Alderman Abbott moved that the Auditors be called in to reply to such questions and give such information as the Council may desire. Seconded by Alderman Bedford and carried.

The Auditors were then summoned to the Council chamber and after being interrogated on various items relative to the balance sheet and report retired.

Re’ Council Clerk.

It was then moved by Alderman Melville, “that Mr Llewelyn’s bondsman be requested to refund the balance of £1/17/11, and the expenses of the audit and the compiling of the rate payers list”. Meeting with no seconder it lapsed.

Alderman Fallick then moved, “that Mr Llewelyn be now asked to show cause why he should not be dismissed from the services of the Council”. Seconded by Alderman Bedford and carried.

Mr Llewelyn was then sent for and after being questioned by various Aldermen, withdrew, whereupon Alderman Abbott moved, “that after consideration of Mr Llewelyn’s conduct as Council Clerk he be called upon to resign”. Seconded by Alderman Whateley on which an Amendment was moved by Alderman Bailey and seconded by Alderman Melville, “that Mr Llewelyn be dismissed from the office of Council Clerk and that the bondsman be called upon to refund any monies due to the Council through his neglect. On a division being called for by Alderman Melville the result was as follows: —

For the Amendment: — Aldermen Bailey and Melville.
For the motion: — Aldermen Abbott, Bedford, Cozens, Fallick and Whateley.

The motion was therefore carried.

Council resumes sittings.

Moved by Alderman Abbott and seconded by Alderman Bedford that the Council resume it’s sittings.

The Council then resumed it’s sittings and the Mayor reported to the Council result of the Committee’s deliberations on which it was moved by Alderman Fallick and seconded by Alderman Cozens that the report be adopted. Alderman Melville thereupon rose to speak to the motion when the meeting lapsed for want of a quorum.

Read and confirmed this 15th day of January 1878.

Signed, James F. Smith, Mayor.


 

A special meeting of the Borough Council of Newtown was held on Thursday the 10th January 1878 at 7:30 PM.

 

Present, His Worship the Mayor and Aldermen Abbott, Bedford, Cozens, Fallick, Melville and Neale.

Motion to adopt Auditors report and balance sheet.

The special report and balance sheet having been read, it was moved by Alderman Melville and seconded by Alderman Neale that the report be received and adopted.

On the resolution being put the Council divided as follows: —

For the resolution: — Aldermen Melville and Neale.
Against: — Aldermen Abbott, Bedford, Cozens and Fallick.

The motion was therefore declared lost.

The Mayor’s report re’ Council Clerk.

The Mayor reported to the Council the fact of his having suspended the Council Clerk on the 31st December for certain irregularities, on which a motion was tabled by Alderman Fallick and seconded by Alderman Bedford, that in consequence of charges made against the Council Clerk he be called on to resign, on which Alderman Melville moved the following Amendment, “that the late Council Clerk, Mr Llewelyn, be dismissed from the services of the Council for his irregularities in giving a receipt dated 10th December 1877 and not accounting for the monies of the Council up to the 31st December and that the amount of deficit accruing to this Council in consequence of his neglect be estreated from his bondsmen.

On a division being taken the result was as follows: —

For the Amendment: — the Mayor and Aldermen Melville and Neale.
For the motion: — Aldermen Abbott, Bedford, Cozens and Fallick.

The resolution was therefore declared carried.

The meeting then rose.

Read and confirmed this 15th day of January 1878.

Signed James F. Smith, Mayor.


 

A meeting of the Borough Council of Newtown was held at the Town Hall, Newtown on Tuesday the 15th January 1878.

 

Present, his Worship the Mayor and Aldermen Abbott, Bedford, Bailey, Fallick, Melville and Neale.

The minutes of the ordinary meeting of the 18th December and the special meetings of the 2nd January, 8th January and 10th January were read, and on the motion of Alderman Bailey, seconded by Alderman Fallick, confirmed.

Correspondence:

Henry Phillips.

No 1. From Mr Henry Phillips, dedicating certain streets of the Borough to the public. On the motion of Alderman Bailey, seconded by Alderman Neale, the letter was received and it’s consideration postponed to the first ordinary meeting in March.

Lands office re’ A. Bruce.

No 2. From Lands office relative to Mr A. Bruce’s application for title. Received.

E. V. Llewelyn.

No 3. From Mr E. V. Llewelyn forwarding under protest the sum of £1/17/11. Moved by Alderman Melville, and seconded by Alderman Neale, that the letter be not received. The Council then divided with the following result: —

Ayes: — Aldermen Melville, Neale Conley Bailey and the mover.
Noes: — Aldermen Abbott, Bedford, Fallick and Whateley.

The resolution was carried on the casting vote of the Mayor.

Resignation of Council Clerk.

No 4. From Mr E. V. Llewelyn resigning his position as Council Clerk. Moved by Alderman Whateley and seconded by Alderman Fallick that it be received. The Mayor thereupon put the resolution and the Council divided with the following result: —

Ayes: — Aldermen Abbott, Bedford, Fallick and Whateley.
Noes: — the Mayor, Aldermen Bailey, Melville and Neale.
Resolution negatived on the casting vote of Mayor.

Drainage, Bedford Street.

No 5. From H. R. May relative to drainage in Bedford Street. Moved by Alderman Melville, seconded by Alderman Bailey that it be referred to the Works Committee for their report.

Drainage, Camden Street.

No 6. From F. Stack referring to drainage in Camden Street. On the motion of Alderman Abbott, seconded by Alderman Neale, it was referred to Works Committee for their immediate report.

C. C. reinstatement.

Petitions.

Numbers one and two. From certain residents of the Borough praying for Mr E. V. Llewelyn’s reinstatement. Moved by Alderman Melville, seconded by Alderman Neale, that the petitions be not received. Carried.

For vehicle stand at Bishopsgate Street.

No 3. Presented by Alderman Melville, from certain inhabitants of Kingston Ward praying that a stand for vehicles plying for hire be appointed at the corner of Bishopsgate and Regent Street. On the motion of Alderman Melville, seconded by Alderman Whateley, the petition was received.

Inspector of Nuisances.

The Mayor brought up report of Inspector of Nuisances, which was received and on the motion of Alderman Melville, seconded by Alderman Neale, referred to the Nuisances Prevention Act Committee for report.

Motions:

That the Government endowment be apportioned equally.

No 1. Pursuant to notice, Alderman Melville moved, “that the sum of £1597/0/0, received from the Government as special endowment and at present placed to the credit of the Municipality in the bank, be apportioned in three equal parts of £532/6/8 to Enmore, Kingston and O’Connell Ward’s respectively”. The motion was seconded by Alderman Neale, on which an Amendment was moved by Alderman Abbott and seconded by Alderman Bailey, “that the amount of £1597/0/0 be divided rateably between the three Ward’s “. The Amendment was carried.

Motions postponed.

Moved by Alderman Melville, seconded by Alderman Fallick, that the consideration of motions numbered 2, 3, 4 and 5, as below, be postponed until next ordinary meeting of the Council.

No 2. By Alderman Melville, that it be an instruction to the Committee of Works to report upon the probable cost of completing the metalling of Bishopsgate Street.

No 3. By Alderman Melville, that a further sum of £250/0/0 be voted for Kerbing and Guttering in Kingston Ward as under: —

Thompson’s lane — 27 yards two feet.
Lane back of Mr Turtles — 69 yards two feet.
Lane from Regent Street to Wellington Street — 60 yards two feet.
Brooks lane — 27 yards two feet.
Oxford Street — 97 yards two feet.
(No name in minutes) — 14 yards two feet.
Lane back of Mr Stoner’s — 67 yards one foot.
Lane back of Mr Hoffman’s — 124 yards one foot.
Total — 488 yards two feet.

No 4. That a sum not exceeding £20 be voted for formation of Reiby Street by Alderman Bailey.

No 5. By Alderman (no name in minutes) that a further sum of £33/12/6 be voted in addition to the amount already voted for May Street.

Finance report:

The Mayor, as Chairman of the Finance Committee, brought up a report showing amounts paid under votes of appropriation, £130/19/0, and recommended for payment sundry accounts to the amount of £50/8/10 making a total of £181/7/10. On the motion of Alderman Fallick, seconded by Alderman Bailey, the report was received and adopted.

Orders of the day:

Appointment of C. C. postponed.

Appointment of Council Clerk was not considered.

Tenders, nil.

The Mayor reported that no tenders had been received for Kerbing and Guttering throughout the Borough.

Revision Court:

The Council then arranged that a Revision Court be held at the Town Hall on Friday the 25th instant at 7:30 PM.

The Council then rose.

Read and confirmed this 29th. day of January 1878.

Signed James F. Smith, Mayor.


 

In compliance with a requisition signed by Aldermen Melville and Neale a special meeting of the Borough Council of Newtown was held on Thursday the 17th January 1878 at 7:30 PM.

 

Present His Worship the Mayor and Aldermen Bailey, Cozens, Melville and Neale.

Receipt of C. C. resignation.

The Mayor reported receipt of Mr E. V. Llewelyn’s resignation.

It was then moved by Alderman Melville and seconded by Alderman Neale, “that the resolution of the 10th December calling upon Mr E. V. Llewelyn to resign be rescinded”, but in consideration of the receipt of Mr Llewelyn’s resignation this motion was withdrawn.

Resolution No. 1, synonymous with the foregoing was withdrawn.

Council Clerk’s bondsmen.

No 2. By Alderman Melville, that Mr Llewelyn be dismissed from the services of the Council and that his bondsmen be called upon to make good any deficiency and expenses caused by the nonfulfilment of his duties. This resolution was also withdrawn.

No 3. To consider appointment of Council Clerk. Moved by Alderman Melville and seconded by Alderman Cozens, that the Mayor and Aldermen Bailey and Neale form a Committee to draft specifications of duties to be submitted to an adjourned special meeting on Monday next. Carried.

No 4. To consider Sydney Gas Company etc. moved by Alderman Bailey, seconded by Alderman Neale, that the be referred to the Finance Committee for report.

No 5. Consideration of Auditors etc. And

No 6. Messrs Mowle and Wilson’s account for completing ratepayers list. Postponed for consideration at the adjourned special meeting of Monday the 21st January.

Moved by Alderman Melville, seconded by Alderman Neale, that this meeting do now adjourn to Monday next, the 21st January, at 7:30 PM.

Council then rose.

Read and confirmed this 29th. day of January 1878.

Signed James F. Smith, Mayor.


 

A special meeting of the Borough Council of Newtown was held on Monday evening the 21st instant at 7:30 PM.

 

Present, His Worship the Mayor and Aldermen Bailey, Melville, Neale and Whateley.

No 1. Postponed consideration of the Sydney Gas Company etc.. It was, without motion, received and referred to the Finance Committee for report.

No 2. Relative to Auditors claim for £25/4/0. Moved by Alderman Melville and seconded by Alderman Neale, “that the claim be paid” on which an Amendment was moved by Alderman Bailey, seconded by Alderman Whateley, that the matter be postponed until a later period of the evening.

No 3. Messrs Mowle and Wilson’s account for compiling the Municipal lists. Moved by Alderman Melville and seconded by Alderman Neale that the account be paid on which Alderman Whateley moved and Alderman Bailey seconded an Amendment, that it be deferred to next finance meeting for report.

On a division being called for the result was as follows: —

For the Amendment, the Mayor, Aldermen Bailey and Whateley.
For the motion, Aldermen Melville and Neale.

The Amendment was therefore declared carried.

The Mayor then reported as follows: —

That in compliance with the resolution of last meeting he had in conjunction with Alderman Bailey sat in Committee for the purpose of drafting a code of Council Clerk’s duties and after careful consideration beg to recommend for adoption of following specification.

Specification:

Clause 1. He shall perform all things necessary to be done by a Council Clerk in accordance with the Municipalities Act of 1867. Moved by Alderman Bailey, seconded by Alderman Neale that it be adopted. Carried.

Clause 2. He shall act as Librarian for the Free Public Library of the Borough and attend to the carrying out of the By-laws in connection there with. Moved by Alderman Neale, and seconded by Alderman Whateley, that it be adopted. Carried.

Clause 3. The office shall be kept open for the transaction of all business from 9 AM to 1 PM and from 2 PM to 4 PM every day except Saturdays when the hours shall be from 9 AM to 1 PM. It shall be his duty to receive or collect all monies due to the Council. Moved by Alderman Melville, seconded by Alderman Bailey, that this clause be adopted. Carried.

Clause 4. He shall perform the duties that shall from time to time be considered necessary by the Council for the purposes of carrying out the provisions of the Nuisances Prevention Act 1875, such duties to comprise amongst others the keeping of accounts in connection there with and the rendering of bills and receiving all monies for the same. Moved by Alderman Whateley and seconded by Alderman Bailey that this clause be adopted. Carried.

Clause 5. He shall at his own cost provide the Council with a Fidelity policy for the sum of £500. An Amendment was moved by Alderman Melville, “that all words after Fidelity policy be expunged with the few of inserting the following: — “for the sum £300 and two sureties of £100 each for the faithful performance of all his duties as specified in the Municipalities Act”. Amendment carried.

Clause 6. He shall reside upon the premises and be held responsible for the due care of all property in connection with building. He shall be also responsible for the opening and closing of the building as may be required, for lighting and extinguishing the gas lights and keeping the building in a proper state of cleanliness. Moved by Alderman Neale and seconded by Alderman Whateley that this clause be adopted. Carried.

Clause 7. The remuneration for the aforesaid services shall be as follows: — £175 per annum, payable monthly, with residence and gas light free. Moved by Alderman Bailey and seconded by Alderman Neale that this clause be adopted. Carried.

Alderman Bailey moved, and Alderman Melville seconded, that the Mayor be authorised to advertise for applications from persons qualified to fill the office of Council Clerk and that applications for the office be received up to January 29th. carried.

Deferred consideration of Auditors etc.

C. C. bondsmen to be held responsible.

Moved by Alderman Melville and seconded by Alderman Neale, “that His Worship and the Mayor interview the solicitor and instruct him that no release will be granted to Mr Llewelyn’s bondsmen until all expenses incurred through the non-performance of his duties as Council Clerk be paid to this Council. Carried.

The Council then rose.

Read and confirmed this 29th. day of January 1878.

Signed James F. Smith, Mayor.


 

Revision Court.

 

An open court was held at the Town Hall, Newtown, on Friday the 25th January 1878, for the purpose of revising the Municipal lists for the several Wards of the Borough of Newtown.

Thirteen claims from the Enmore Ward were confirmed and two from O’Connell Ward were also confirmed. From the Kingston Ward, four claims were confirmed, and three objections sustained.

The lists were certified to by the Mayor and the court rose.

Confirmed this 29th. day of January 1878.

Signed James F. Smith, Mayor.


 

An ordinary meeting of the Borough Council of Newtown was held at the Town Hall on Tuesday 29th. day of January 1878.

 

Present, His Worship the Mayor and Aldermen Abbott, Bailey, Cozens, Fallick, Melville, Neale and Whateley.

The minutes of the ordinary meeting of the 15th January, special meetings of the 17th and 21st, and the Revision Court were read and duly confirmed.

Correspondence:

No 1. Letter from H. Marie, asking to be refunded the sum of £5 for making a drain near his property. Resolved on the the motion of Alderman Bailey and seconded by Alderman Neale, that the letter be not received. Carried.

Numbers 2 & 3. From Pigott & Trickett requesting payment of Messrs Mowle and Wilson’s account. Requesting name of Council’s solicitor. Resolved that the consideration of these letters be postponed to a later period of evening.

No 4. From W. Fitzgerald, asking for the use of a room in the Town Hall two evenings each week for the purpose of conducting an evening school. Resolved that the matter be left in the hands of the Mayor to be dealt with.

No 5. Letter conveying copy of a resolution passed at a public meeting of ratepayers held on the 16th January, censuring certain Alderman for the action which they had taken in reference to the late Council Clerk. Alderman Melville moved and Alderman Neale seconded, “that the letter be received”. The resolution put was declared lost.

Motions:

No 2. By Alderman Melville. Postponed from the 15th, “that it be an instruction to the Committee of Works to report upon the probable cost of completing the metalling of Bishopsgate Street.” Seconded by Alderman Fallick and carried.

No 3. By Alderman Melville, postponed from 15th instant, “that a further sum of £250 be voted for Kerbing and Guttering in Kingston Ward as per schedule. Seconded by his Worship the Mayor, on which an Amendment was moved by Alderman Abbott and seconded by Alderman Fallick, that it be considered at a later period of the evening. Amendment carried.

No 4. By Alderman Bailey, that a sum not exceeding £20 be voted for formation of Reiby Street and,

No 5. By Alderman Bailey, that a further sum of £33/12/6 be voted in addition to the amount already voted Main Street, were also postponed for consideration at a later period of evening.

Special Finance report:

The Mayor brought up a report of a special meeting of the Finance Committee, which was considered in seriatim.

No 1. Sydney Gas Company account for the sum of £158/18/0. Resolved on the motion of Alderman Bailey and seconded by Alderman Fallick that the recommendation to pay this account be adopted. Carried.

No 2. M. Harrison’s account for 12 shillings and seven pence was also on the motion of Alderman Abbott seconded by Alderman Fallick ordered for payment.

No 3. Recommending that the sum of 10 Guineas be paid the Auditors for their services in the late special audit, was on the motion of Alderman Fallick, seconded by Alderman Whateley and adopted.

No 4. Recommending that the sum of 16 Guineas be paid Messrs Mowle and Wilson for services rendered in compiling the Municipal lists was moved for adoption on the motion of Alderman Fallick and seconded by Alderman Cozens, on which Alderman Melville moved and Alderman Neale seconded, the following Amendment: — “that the report recommending payment of 16 Guineas be sent back to the Finance Committee with instructions that the amount is insufficient payment”. On a division being called for the result was as follows: —

For the resolution, Aldermen Abbott, Bedford, Cozens, Fallick and Whateley.
For the Amendment, Aldermen Bailey, Melville and Neale.

The Amendment was therefore negatived, on which a further Amendment was moved by Alderman Melville, and seconded by Alderman Neale, “that the amount of £23 be paid them”. This Amendment was also negatived.

Deferred letter from Pigott and Trickett requesting the Council to name their solicitor. Moved by Alderman Bailey, seconded by Alderman Whateley, that the Council Clerk be instructed to supply the information required and that the letter be laid on the table. Carried.

Extension of water supply to Bedford Street.

His Worship the Mayor reported the extension of water supply to Bedford Street and further that a sum of £2000 had been placed on the estimates for widening bridge (railway).

On the motion of Alderman Bailey, seconded by Alderman Bedford, the Council then resolved itself into a Committee of the whole to consider the applications for the office of Council Clerk. The Committee then proceeded to consider the applications. After hearing the 40 read, they resolved by ballot to consider 5 selected from the number and after again reducing the number to two, a ballot was taken for Mr D. J. O’Connor and C. A. Vivian, which resulted in favour of the latter. Whereupon the Council resumed its sittings and the Mayor as Chairman of the Committee reported that the Committee recommended that the election of Mr C. A. Vivien as Council Clerk, which on the motion of Alderman Bailey, seconded by Alderman Fallick, was adopted.

The Council then rose.

Confirmed this 19th day of February 1878.

Signed W. Fallick, Mayor.


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