THE AMENDED COUNTIES BILL.

Otago Witness, Issue 1297, 7 October 1876, Page 22

THE AMENDED COUNTIES BILL.

[By. Tklkgraph.]

(yROM OTTR OWN CORRESPONDENT.) Wellington, September 22nd, t ■ The Amended ' Counties Bill has been circulated. The following are the principal differences :— There are only 11 parts, instead of 14. Part lis preliminary as before. Part 2, regarding Counties, Ridings, and Road Districts, 'is as 'follows l— 6. Until as hereinafter otherwise provided,' there 'shall be within New Zealand Counties having severally the names and boundaries net forth in the first scnedule. Boroughs shall not be included in Counties, and any place becoming a borough shall there- ' upon cease to form part of the County, Ex» cept this, and the preceding sections, no part of this Act shall come into force in the Counties of Tftupo and the Fiords, except upon a resolution passed by both Houses of the General Assembly. The Governor shall thereafter declare by proclamation the day upon which this Act shall come into force in such Counties. 7 Any part of a County not included in a road district shall be an outlying district, and the Governor in Council may, by proclamation, divide any such part into two or more outlying districts, with such names and boundaries aa he thinks fit, and where this Act is not in force in any County, may from time to time redivide such part, and alter such names and boundaries i but nothing herein shall prevent tho whole, or any part, of an outlying district , -being constituted' a road^ district under any law for the time being in force for the constitution of road districts. 8. The Governor in Council shall by proclamation divide every County into such number of ridings with such names and boundaries as he thinks fit,' subject, however, to the following conditions:— l. 'Every riding shall comprise the whole of one or more road districts or outlying districts, the boundaries of the riding coinciding with some part of the boundaries cf tho districts included in it. 11. There shall not be more 'than' nine ridings in any County. 9. There shall be in every County a governing < body,- consisting of a Chairman and Council elected as hereinafter provided. 10. Tho inhabitants of • every County shall be a body corporate. 11. The Council may determine by r e • , solution at first meeting that such part of the 'Act as is mentioned in the second schedule Bhall not come into force in the County, and the. Chairnian shall forthwith send a copy of euch resolution to the Colonial Secretary. If the Council does noS pass such a resolution at its first meeting, the whole of this Act shall be deemed to have come into force in the 'County* 12. If tho Council determine that the said part of this Act shall not come into force in tho Colony, (I.) none of the provisions of this Act contained in the several sections men- " tibned in the' second schedule shall have force in such County. (II.) The Coun- . .oil shall not "thereafter '. hold any meeting.. or transact any busineis, except for the purposes in this and the sixty-first section. mentioned. {III.) The Council m'ajr at any time thereafter hold » special meeting for the 'purpose'of determining, and may determine by resolution, that the whole of this Act shall como.into force" in the County, and the chairman shall send a copy of. i«uch resolution to the Colonial Secretary. 13. If the Council determine by resolution at any such special meeting as above provided, that the whole of this Act : shall come into force within the County, then the whole of this Act shall be in force theroin, ,and af.ter the next day after tho passing of such resolution, such resolution Bhall not thereafter be altered, or rescinded by the Council 14. ''The Governor in Council may,' by proclama- '• ' tion, declare that any part of a County, or of ;'; ' %wo ior: more Counties, shall ponstitute a new County, 'wi,th such name and boundaries aa.he thinks fit, subject; however,. to the following conditions :-r(I.) That such new County shall comprise the' whole of one or more road districts, so that tho boundaries of the new County, coincide with some_ part of tho boundaries of such road districts, and may ■ cpmprise any part of any outlying districts. (It) That when a petition is presented to tho 1 GoVernor, setting forth the boundaries of the proposed new County, signed by not less than , one-fourth of the County electors for the districts comprised therein, praying the Governor , to constitute such new County, such petition is to be publicly notified before presentation to the Governor. (IV.) That any counter petition 1 niffned by an equal or greater number of such County elbctors, shall be presented to the Governor within two months after the presentation of the first petition, praying him not to asßent to tho prayer thereof. 15. A ' copy' of every such proclamation shall belaid before Parliament within ten days after its next sitting, and if after tho issue thereof a resolution shall be passed by both Houses of tbe General Assembly to the effect that such nnw County should not be constituted, ther such proclamation shall not come into force. If no such resolution be passed, the said proclamation 3hall come into force on the day after the conclusion of the then session of Parlis-

ment, and on and after such day the district described in the said proclamation shall cease to form part of the 'County or Counties in which it was heretofore included, and shall bo a County within the meaning of this Act. 16. The signatures to any such petition shall bo verified by the solemn declaration in the form .of the third schedule. 17. If it is creditably represented to the Governor that any of the signatures to any such petition or declaration are false, or that any of tho persons signing were not entitled so to sign, or that the statements in such petition have not been complied with, the Governor may cause an enquiry to be made, and may adjourn the consideration of such petition till tho reso- , lutioa' of , such' enquiry is known- 18. The • Governor may appoint one or more Commisnioners to make such inquiry. 19. The Governor atiall, in any such proclamation constituting a new County, divide vhe same into ridings, subject +o the provisions of the eighth section in respect thereto, and shall fix the number of members to ba elected for each riding. 20. Whon a part of a County or riding ig severed therefrom to be included in a new County, the remaining part of such County or riding shall be doemed to be the same County or riding, and the Corporation of such County to be the same Corporation as before such severance, and the members of the Council of such County shall continue to be members thereof, as though, such severance had not been made. The Governor may, if he thinks fit, re-divide any County from which part has been severed into fresh ridings, and may dißaolve the Council thereof and make provision for the election of a new Council us hereinafter provided. 21. So soon as any new County is constituted the Councils of the new County and of the County or Counties nf which the new County was heretofore a part shall agree together and determine as to the following matters : (I.) What part of the property, real and personal, of the said County or Counties shall become the property of the now County ; (II.) What part of any rates payable to such County or Counties at the date of the constitution of tho now County shallbe deemed to be rates payable to the new County; (III,) What part of the liabilities and engagements of such County or Counties, outstanding at such date, shall be liabilities and engagements of the new County ; (IV.) What part of tho interest

and sinkhg fund of any loan raised by such County oi Counties, shall be paid by such new County, and such agreement shall be in writing and shall b\ final as between the said Counties. 22. If no sich agreement is made within two months afte; tho first election of the Council of the new Couity, the Commissioners of Audit shall, upon -.he application ofj auoh Council, hold an enquiry, and make an award as to tho averal matters mentioned in the 21st section and their award thereon shall be final. 23. I-operty awarded to vest in new County. 24. Itterests of creditors preserved. 25. The Governs in Council may, by_ proclamation, declare aiy two or more Counties to bo united and to fo-m on a County under such name as he thinksfit, subject, however, to tho following condition^:— (l.) That a petition from each of the Countits proposed to be united, signed by not less th\n one-third of tho County electors thereof , is pigseuted to the Governor, praying him to unit) such Counties. (II.) That such petitions »re publicly notified in such Counties before being presented to tho Governor. (III.) Tint ro counter petition sitned by not less than uie-third of the County elector* of any one of such Counties is presented to the Governor within Ywo months after the date of such public notiicatioj, praying him not to assent to the prayerof the first petition, 26. The provisions of tho ]sth, 16th, 17th, and 18th sections to apply. 27. Governor to divido new County into ridings. 28. Councils of Counties united to bs dissolved. 29. Property, &c., of Counties united to vest in xew County. 30. The Council may from time tc time, by special order, alter the number of tin ridings within the County, and tho namea \nd boundaries thereof, and the number, nam»s, and boundaries of the outlying districts k the County, subject, however, to the following conditions:— (I.) That every riding shall comprise the whole of ono or more districts or outlying districts, the boundaries of the riding coinciding with Home part of the boundaries of su«h districts. (II.) That the number of ridings platt not be more than nine. 31. The Council amy, if it thinks fit, by special order, declare the road board of any road district to be dissolved and such road district to be merged in the Couity, subject, however, to the following conditions :— (I.) That a petition is presented to the Council, signed by not less than one third of th» ratepayer* of such road district, possessing, h the aggregate, not less than half tho rateable property therein, praying the Council to abolish such district, (it.) That such petition is published in the district befprepresentation. (HI.) That no counter petition is presented to foe Council within two months thereafter, signsd by an equal or greater number of ratepayer*, possessing, in the aggregate, not less thai half the rateable property in the district, praying the Council not to accede to the prayer of the first petition, and on and after a day named in such special order, the said road board shall be dissolved, and the said district merged in tbe County. 33. When any road district is merged in a County (I.), all property, real or personal, belonging to the Road Board shall become vested in the Corporation of the County. (II.) All functions, powers, rights, and duties therefore vestad in, or imposed upon, the road board shall become Tested in and imposed upon the County Council. (III.) All rates or other moneys payable to the road boards shull become due and payable to the County Council. (IV.) All actions, suits, and proceedings pending by or against the road board may be carried on and prosecuted by or against the Corporation of the County. (V.) Th« duties, powen, and functions of the chairman and clerk of the road board (if any) shall bo exercised by tho chairman and clerk of the County respectively. (VI.) All the liabilities, contracts, aud engagements of tho road board oxiiting shall become liabilities, contracts, and engagements of the County Council. Part 3 treats of tho electors of Counties, and does not differ materially from the previous BilL Part 4 treats of the chairman of the County, and, though ihorter and simplar than the old Bill, does not differ materially, except in the omission of clause 38. Part 5 relates to the County Council. Tho 61st clause allows Councils to meet and tloct persons to fill extraordinary vacancies. _ In any County in which tho whole of this Act is not in force, tho Council shall hold a meeting on or before the 31st day of March in each ytar, and shall determine by resolution, as provid«d by " The Financial Arrangement Act, 1866," tho proportion in which the m«neya payable to the County under the said Act shall be divided among the road districts ana outlying districts comprised therein. Part 6 relates to emoluments of office.

Part 7 relates to officers. Part 8 relates to the County fund, which is to consist of (I.) lates made and received as pro vided by this Act or any Act incorporated therewith; (II.) toll 3 received on County roads, and all rents of such tolls ; (III.) money received by the Council under any grant or appropriation by or under or in pursuance of any Act of the General Assembly of New Zealand ; (IV.) all moneys payable to the County under the provisions of "Tho Financial Arrangements Act, 1876; (V.) all rents and profits from property vested in tho body corporate ; (VI.) all fines and penalties recovered under the provisions of this Act, or any bye lawmade thereunder of the Acts incorporated therewith, for any offences committed within the County ; (VII.) moneys received by way of loan as provided in this Act ; (VIII.) moneys received by way of subscription and voluntary donation; and (IX.) all other moneys whioh may become the property of the body corporate of tbe County. Part 9 relates to loans. Part 10 to functions and duties of Councils.

Part 11 is miscellaneous.

Except in tho parts noted, these parts do not differ much from the original Bill. There is no schedule of boundaries yet printed. The second schedule is at follows :— Numbers of tho sections of this Act which shall not come into force in any County the Council of which, at its first meeting, passes the resolution men tioned in the eleventh section ; that is to say, sections numbered 30 to 43, inclusive, 49, 59, 60, 62, 68, 70, 71, 75, 76, 78, 79, 92, 93, 95, 96, 97, 98, 100 to 200, inclusive.