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.BETHESDA. I

CARNARVON.-I

CAERWYS.

CONWAY. !

BONTNEWYDD.I

EDEYRN. I

RHYL.

BUTHIN.I

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BUTHIN. TilE PROPOSED WATER WORKS. A special meeting of the Local Board was held in the County Hill on Saturday morning last. Present M. Louis, Esq., Mayor James Maurice, Esq.; Messrs. Wm. Green, Thomas Roberts, D. E. Davies, and Chas. G. Jones. The meeting was called for the purpose of considering Counsel's opinion on the proposed agreement with Mr. Lloyd, as trustee of the estate of the late Mr. J esse, for the sale of a reservoir site. The Mayor read the notice ot the meeting, anu states that it would be in the recollection of the Board that the agreement which wasentered into with Mr. Lloyd was to be submitted to Counsel on both sides. The Town Clerk had submitted the facts to COllDsel on behalf of the Board, and the opinion was then ou the table for their perusal. The effect of it was that Mr. Lloyd, be- ing the sole trustee under the will of the late Mr. Jesse, had no power to do more than sell the piece of land pro- posed for the site of a reservoir; that he had no power to sell the right of using Plasynant stream,—nor could he give the Board power to lay pipes from the reservoir down to the high road. The Board was, therefore, in this position unless Mr. Lloyd could give powers to travel through Mr. Jesse's land, the piece selected for a reservoir site was useless. Gentlemen (continued his Worship)—It is due to myself, and to the Town Clerk also, to say that this was the very difficulty we felt when we proceeded jointly with the Corporation to obtain an Act of Parliament. I recollect, after the meeting in the County Hall on the 26th of November, at which were Mr. Lloyd and Mr. John Jones Bancroft, I suggested that the easement was a matter of the greatest possible importance, but Mr. John Jones Hancr ft thought other- wise. I, as a lawyer, had a doubt on the point, but Mr. John Jones Bancroft settled the point, and urged that the agreement should be signed. Well, I did not wish to throw any difficulties in the way but here we are now in a dilemma. Mr. Lloyd has no power to give us the right to lay and maintain pipes, and I do not think we should be justified in spending the Corporation mo- ney for a piece of land which would be perfectly useless to the town. It appears to me we have come to a dead lock, on account, as I before described, of the mischiev- ous steps taken to oppose the Local Board. The ne- cessity for an Act of Parliament is apparent—it stares us in the face. It is a matter for your consideration. Here is the ('pinion. Mr. Green-I should suggest that the two Counsels meet, to see if they can come to an understanding, and, if necessary, apply to the Court of Chancery. Mr. Lloyd's opinion— The Mayor—What reliance can we place oa Mr- Lloyd's opinion ? Mr. Green—Would it not be worth while to try what I have suggested The Mayor-I do not care what you try. If the thing comes to nothing, the expenses are of your own creating. I wipe my hands of it; I have nothing to do with it. Very few of you remained faithful to an Act of Parlia- ment. Take your own course now-I will not oppose you and do not ask for my aid in any way. The best thing for you to do is to seek the advice of Mr. Richd. El.!N Mr. Barnwell, Mr. John Jenkins, and Mr. Martin Smith, of Denbigh,—they have got you into this mess, let them get you out of it! Mr. C. Goodman Jorka-I object tt ny more opi. nions being taken Wt have to end of opinions ftl- ready. The Mayor-Mr. Lloyd had three opinions at the public meeting. If any man haa cause of complaint, it is myself. I have been abused, and all sorts of motives attributed to me. It has been insinuated that there would be a harvest for the lawyers if the Act of Par- liament had gone on. These are common, ideas indeed -ideas that No gentleman would give utterance to. Gentlemen, have those parties honestly opposed the Cor- poration, or have they done so for malicjous purposes You know. lww they stirred the town, and how they held up the Corporation as a body of men moving for their own selfish interests. Mr. Maurice (to Mr. Green)—Have you a definite pro- posal to make ? Mr. Green-I should like the two Counsels to meet, if possible, and apply to the Court of Chancery. Mr. Maurice—Did I not understand that that Court has no power to interfere ? The Mayor—Yes. Mr. C. Goodman Jones-As there is such expense already incurred, I propose that we have no more opi- nions. The Mayor—Let us have something tangible. If there is an opinion on the other side, let us have it. Mr. Green—Mr. Lloyd told me- The Mayor—Now, Mr. Green, we can't take opinions at arm's length. Mr. Roberts-It could be done in Chancery. The Mayor—The Ruthin Local Board in the Court of Chancery Mr. Roberts—I think we had better try that. Let us endeavour to save expenses. The Mayor—Do not talk about saving expenses; it is absurd. We might as well spend the money in one thing as in another. Mr. Maurice—The first time I have heard of going to the Court of Chancery to save money. (A laugh.) The Mayor—The matter is left entirely in the hands of the Town Clerk. If you choose to incur further ex- pense, pray take the credit of it yourselves. Mr. Green—It seems only fair, as Counsels have been appointed on each side, that they should consult each other. The Mayor—" Fair You must pardon me, I can- not justify that term in the way you use it-the whole transaction has been fair. Mr. Maurice-It would be satisfactory to have both opinions properly weighed but to rush to Chancery would be a matter of very great consideration. Mr. C. Goodman Jones—Perhaps Mr. Lloyd has his Counsel's opinion. The Town Clerk-Shall I go for the opinion ? The Mayor—Certainly not; you may go on your own account, but you do not go with my sanction. Silence now ensued for a few minutes. The Mayor—Well, gentlemen, it has become a Qua- kers' meeting. There you are-you have got something to digest now. M r. Roberts—What is your opinion, sir ? The Mtiyor-Do, not ask my opinion. -I gave you my opinion before, without fee or reward, and you threw, it overboard. You certainly did not join the cabal, and neither have you remained true to your colours. I have acted as disinterestedly as a man could do. I have in curred sufficient odium, and I decline to give my advice now without I'm paid for it. I am going to let you take your own course in yrefiuyttep. The Town Clerk—Mr. Lloyd had some little delicacy to attend this meeting. He mentioned to me- The Ifayor-I will not sit here to listen to conversa- tion out of doors. I decline to receive any verbal com- munication, I don't care from whom it comes, Those are my views. I am here to receive any proposition you may make. Mr. Roberts—Will you allow me to run for Mr. Lloyd 1 The Mayor—You are your own master; you may walk or run for him. Mr. Lloyd smells a rat, probably; I do not think we ought to force Mr. Lloyd into this matter; he has had the same notice of this meeting ai was sent to every other member of the Corpora- tion. Mr. Maurice—The difficulty we are in appears to be this,—if that opinion is to be relied upon, we must either go for an Act of Parliament, or abandon the water scheme for a time at all events. The Mayor—We can do nothing. It was proposed by Mr. Green, and seconded by Mr. Roberts-" That the Town Clerk be iustructed to write to Mr. Jones, solicitor, Liverpool, to suggest that the two Counsels who have advised as to Mr. Lloyd's power to sell under Mr. J esse's will, should meet and confer upon the difficulty mentioned by Mr. Bush." An amendment was proposed by Mr. C. G. Jones, and seconded by Mr. D. E. Davies, viz.,—" That the Town Clerk do not write." For the amendment, the mover and seconder. For the original motion, mover and seconder, and Mr. Maurice. The Mayor did not vote. The original motion was declared carried. Subjoined is a copy of the case and opinion, as repre- sented on behalf of the Local Board :— [CASE ] The Ruthin Local Board gave notice of their intention to -apply to Parliament in the present session for an Act to construct Water Works for the town of Ruthin, aud they deposited plans, sections, and books of reference. The source of the water is on the estate of the late Mr. Jesse, of I Janbedr Hall, near Ruthin and the Lo- cal Board proposed to take about three acres of land (part of that estate) for a reservoir, and to lay down pipes from the reservoir through other portions of the same estate. Before, however, the Bill was deposited, Mr. William Lloyd (the sole acting trustee under Mr. Jesse's will) agreed to sell to the Local Board the pro- posed site of a reservoir, with power to lay down pipes, &c.; aud at last an agreement was entered into to that eiiect on the 10th of December last, a copy of which is left herewith. Mr. Lloyd has sent to the Local Board a draft of a further agreement, which is herewith left, the agreement of the 18th December being only preliminary. The Local Board wish to be advised— 1. Whether any reasonable doubt can be entertained as to Mr. Lloyd's power, under Mr. Jesse's will, to sell a site for a reservoir, with a right to take a sufficient quan tity of water from the stream in question (leaving a pro- per supply for the use of the tenants on the estate), and to lay down and maintain pipes as proposed in the parlia- mentary notice, plans and sections 1 2. If there is any doubt, then, whether it is probable that the Court of Chancery (under the sales of Settled Estates Act) would empower Mr. Lloyd to carry out his agreement with the Local Board ? 3. Whether the further agreement proposed by Mr. Lloyd is such as he is entitled to call upon the Local Board to enter into, having regard to the agreement of the 10th December ? 4. If not, then Counsel will please make such altera- tions in the draft as he may consider proper. [OPINION.] 1. I am of opinion that Afr, Lloyd has no power to sell any part of Mr. Jesse's estate in the mode contem- plated by the agreement of the 10th of December, 1864. The agreement provides that the price shall be ascertain- ed by arbitration. Mr. Lloyd had, therefore, no means of exercising a proper discretion whether it was advanta- geous or not to the persons beneficially entitled to the property to sell. I think that before a trustee with an ordinary power of sale can properly exercise such power, ho must have tho means of forming au opinion whether it will be most advantageous to sell or to retain the pro- pertv over which the power of sale extends, and this he certainly would not have the means of doing when the price to be paid remained unascertained. In addition to the objection as to the,mode of ascer- taining the price, I am of opinion that it is at least ex- tremely doubtful whether the power of sale contained in Mr. Jesse's will would authorise the sale of an easement such as the right to lay down and maintain pipes through parr, of the property. My opinion is that the power would not authorize the sale of such an easement. With respect to the sale of a right to take the water, I apprehend that the owner of the land on which water rises or through which it flows, has no right to abstract or divert (or sell a right to abstract or divert) the water to the injury of persons whose property is situated lower down the stream. I have not, however, considered this last point, as, in my opinion, Mr Lloyd has no power of selling a right to lay and maintain the pipes. 2. I am of opinion that the Court would not empower Mr. Lloyd to carry out the agreement with the Local Board for the Court would require evidence upon which it could form a judgment how far the proposed sale would be beneficial to the persons entitled to the proper- ty. I think that it is very doubtful whether the Court has jurisdiction under the Act to direct a sale of a right to lay down and maintain pipes to take water. 3 and 4. Having regard to the statement in the agree- ment of the 10th of December, that Mr. Lloyd is a trus- tee, and that the right of applying for the sanction of the Court is necessary, is reserved to Mr. Lloyd by the agree- I ment, I think that the draft agreement is in accordance with the spirit of the agreement of the 10th December, and notwithstanding the stringency of its provisions, that, with the exception of the last two clauses, it is such as he is entitled to call upon the Local Board to enter into; but being of opinion that Mr. Lloyd has no power to carry out the agreement, I cannot advise the Rnard t.n Ant.er into that or any such agreement. __on F. W. BtlSH. I Lincoln's Inn, 7th March, 1865. F. W. Brisn. I

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