Page:Item 10 1862.pdf/17

of Parliament to which he referred was "The Municipal Act further Ammendment(sic) Act" 5 to 6 Vict.cap. 104, 10th of Aug, 1842. . . "And be it enacted that it shall not be lawful for any member of the Council of any borough to vote or take part in the discussion of any matter before the Council in which such member shall, directly or indirectly, by himself or his partner or partners, have any pecuniary interest". Mr. Gausden had reason to believe the Act was still in force, and therefore each resolution which had been passed and any discussion by those members of the Council who were interested in the scheme were illegal; he protested against any further act being done in the matter by the Council. He might have allowed it to go on till the house met on the subject, and, no doubt, parties could have taken a legal objection; but he had thought it only fair to bring it before the Council for them to discuss the matter. The Mayor (Mr. Ross) said that so far as he was concerned, rather than Mr. Gausden should carry out his plan he would give up office altogether. He was determined that he would not hold office, if by doing so, he placed an obstacle in the way of the harbour. Coun. Howell would assume those gentlemen who opposed what was carried at a town's meeting that if that was the course they intended to pursue, they would know what to do with them the next time they asked to be returned the Council. He should like to know whether they meant to accuse the six gentlemen of coming there with mercenary motives. If they meant to bring forward such accusations they should do it as the ought to do; he protested against the attempt to thwart the decision of a town meeting by a side wind. Coun. Kenwood reminded the Council that Mr. Gausden had brought the subject forward to give them time to consider it. Coun. Duke said there was no motion before the meeting. Coun. Gausden asked a question and was impetuously told by the Mayor that he had spoken since. Coun. Bromley contended for Mr. Gausden's right to ask a question or to give an explanation. Coun Picknell thought they had better proceed to the next business. Ald. Ginner, amidst the wildest confusion, expressed his desire to speak temperately on the subject, but, being interrupted by Coun. Putland, said he would conclude with a motion. He was not aware that there was such an important clause s that which hd been read, and he considered it to be a very serious matter for the Council. He regretted that the Town Clerk had not sufficiently read up the Municipal Act, so as to prevent an illegal course being adopted. Mr. Howell might call it a side wind or anything else he pleased, but there was a possitive(sic) clause in the Act of Parliament, and gentlemen who came there to carry out that Act must do so, and not simply act upon their own view. He would move that an explanation under the seal of that Council as to how the resolution was passed be sent to the Board of -