Minutes, 1 November 1841, Draft

  • Source Note
Page 32
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Colr J. Smith considers that the Charter is fully sufficient for the to Act, when an ordinance is passed <​to open the Streets, or​> to do any labour on the Streets.—
thinks there is a complete distinction between Opening Streets, & Working upon them afterwards agreeable to Ordinance.
The said he had not power to appropriate agreeably <​equitably​> upon Streets already Ordered to be <​opened, & those to be hereafter​> opened, & that the passage of the Law in question is necessary to enable him so to do.
Colr J. Smith said, the has exclusive Jurisdiction over all Ordinances when once made, & does not require any further law to be passed, to enable him to have work appropriated upon the Streets already opened, as well as those that may be hereafter opened.—
The desired that some of the Col wd move to have the Bill amended, by striking out the Words Mayor & Supervisor, which was moved & Seconded.
Colr J. Smith opposed the amendment, & wishes the Bill to be destroyed.
Col. went to shew the difference between Acting generally under the Charter, & acting under technicalitites when Streets are once opened, he wd wish to go liberally under the Charter, & not to bring on an Arduous task by ordering the to do Acts which he must do with his own Hands, if he has not other means.
The again spoke in Explination.—
spoke
opposed the Amendment, & will vote for the Bill as in its original State.
Considers the Bill should be amended, & he will then vote for it. [p. 32]
Colr J. Smith considers that the Charter is fully sufficient for the to Act, when an ordinance is passed to open the Streets, or to do any labour on the Streets.—
thinks there is a complete distinction between Opening Streets, & Working upon them afterwards agreeable to Ordinance.
The said he had not power to appropriate equitably upon Streets already opened, & those to be hereafter opened, & that the passage of the Law in question is necessary to enable him so to do.
Colr J. Smith said, the has exclusive Jurisdiction over all Ordinances when once made, & does not require any further law to be passed, to enable him to have work appropriated upon the Streets already opened, as well as those that may be hereafter opened.—
The desired that some of the Col wd move to have the Bill amended, by striking out the Words Mayor & Supervisor, which was moved & Seconded.
Colr J. Smith opposed the amendment, & wishes the Bill to be destroyed.
Col. went to shew the difference between Acting generally under the Charter, & acting under technicalitites when Streets are once opened, he wd wish to go liberally under the Charter, & not to bring on an Arduous task by ordering the to do Acts which he must do with his own Hands, if he has not other means.
The again spoke in Explination.—
spoke
opposed the Amendment, & will vote for the Bill in its original State.
Considers the Bill should be amended, & he will then vote for it. [p. 32]
Page 32