Tag: January 1850

The Torquay Expenses Again, and Mr. Tucker, The Auditor’s Decision:  This matter was again brought up. Mr. Tucker, who was present, desired that his letter to the clerk, in answer to the request that he should attend there today, should be read. The purport of this letter was that he was not in a position to give them legal advice, he being the auditor. He said that, not being acquainted with the individual circumstances of the case, he could not go into the matter in detail; but was willing to give them his opinion on the general law, and on the report generally — (hear, hear) — but still would not be bound on the day of audit, by any opinion he might give to-day, as there might be particular circumstances, which he now knew nothing of. He asked if the Torquay committee were legally appointed and was told that had never been questioned or doubted by the Board. He said the next question was whether the charges were too much? If such was the case, then the persons who signed the cheques issued payment, would themselves be liable. The Chairman then explained the course that had been taken, in reference to the report which has before appeared; these facts are by no means new to the readers of The Western Times. He said he had always felt a difficulty attending the matter; and he hoped after what Mr. Tucker had said, in reference signing the cheques, that would convince them he was not altogether wrong in the steps he had taken — (hear, hear, from the Torquay guardians). Knowing how great the responsibility was had made him anxious to get legal advice on the matter … (Considerable discussion) … Mr. G. S. Curtis said—Having heard Mr. Tucker’s decision, he saw no cause to regret the step he took last week; he had always thought that the charges should be made upon the parish of Tormoham — and that they should shift what they could from off their shoulders — (hear, hear). He moved — “That the Poor-Law Commissioners be requested to procure the best legal opinion as to the individual responsibility of Guardians signing cheque in reference to payments from the Board.” Mr. Creed seconded it. Mr. Curtis and Col. Fox both declared they would not sign the cheque until this opinion was procured. Mr. Pinsent moved that the whole of the expenses be charged to the Parish of Tormoham.” Col. Fox seconded it, saying his reason for doing so was that the question as to whether the chairman was not bound to put the motion, on late occasion, was too great to be blinked. Mr. Stark, and the Rev. Mr. Wolfe, protested against this motion being put; Mr. Stark thinking it a grievous thing that the Tormoham ratepayers should be saddled with an enormous rate, when it was known the majority of charges must go to the common fund. Mr. Hack said a parish meeting must be called to grant the money, and there would be some difficulty in getting it; he for one should advise the ratepayers of Tormoham not to grant it. Mr. Creed could not allow the question to pass without making a remark. He thought it an extraordinary proceed on the part of the Board, and a great injustice to the parish of Tormoham; an injustice, if this motion were carried, which the Board would be committing with their eyes open, Yolland moved and Mr. Palk seconded — “That the report of the committee be brought up, received, and adopted.” This was also protested against by the guardians of Tormoham: Mr. Pinsent withdrew his motion, and Mr. Yolland’s stood an original motion. Mr. Staddon moved as an amendment — “That the report be received and adopted, as far as is legal.” The amendment was lost, and the original resolution carried by 16 to 2. The Rev. Mr. Wolfe then moved — “That the several parishes whose quota is in arrear, shall receive a notice from the clerk, and if not paid up by this day week, shall be summoned.”

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