CIRCULAR TO THE CHAIRMEN OF ROAD BOARDS.

Clutha Leader, Volume III, Issue 123, 17 November 1876, Page 3

CIRCULAR TO THE CHAIRMEN OF ROAD BOARDS.

The following' circular has been addressed by the Under-Secretary to the Chairmen of the various Road Boards throughout the Colony. It contains in a comprehensive form a mass of important information for their guidance, and will no doubt be received with considerable thankfulness as being" the means of lessening' the labour that would otherwise have been entailed upon them in endeavouring- to master the contents of the various Acts alluded to : — Colonial Secretary's Office, Wellington, November 6, 1876. Sir, — I am directed by the Colonial Secretary to forward to you the following Acts which have been passed in the session of Parliament recently concluded : The Rating Act, the Keguhition of Locnl Elections Act, the Public Works Act, and the Financial Arrangements Act ; and I am, at the same time, to call your attention to their more important provisions as affecting Road Boards and the inhabitants of the Road Districts. AS TO THE BATING ACT. 1. You will perceive that by the 30th section it will not now be competent for a Koad Board to make any rate for any period beyond the 31st March next, ex eept under the present Act; although rates made before the passing* of the Act for any period ending before or after that day, may be recovered, under the old law. 2. In order to make any rate after the 31st March, it will be necessary for the Board to put in force the machinery of the new Act, the main object of which is to establish a uniform system for making and recovering rates The first step is to appoint valuers to make up the valuation list of the district, and as this list must be ready by the 15th of January, no time should, be lost in making the appointments lam specially to call your attention to the provision contained in 'he 12th section, that a notice of the valuation of each property must be given t.> the ratepayer in the manner described in the 2nd section in inference to the serving of notices. 3 The valuation list being in the hands on the Ist January, is to remain on view till the 15th February ; and public notice where it may be seen must be given once in each week during,* the month. 4. It will be the duty of the Judge lof the Assessment Court, who will shortly be appointed, -.0 give proper notice of the time and place when and where the Court will sit to, hear objections to the valuations ; and it is open to the Board, by section 14, to object to any valuation, or, by section 18, to object to the whole valuation list j but ill the first ease a copy of the objection must be served on the person affected thereby, and in tin second case the objection must be published. 5. \ou will perceive that by the 28th section, if the Board fails to have a valuation list prepared, it becomes the duty of the Assessment Court to supply the deficiency. 6. The provisions of the Act irt respect to the making* and recovery of rates call for no special remark. IN RESPECT TO THE REGULATION OF IC*CAL ELECTIONS ACT. You will observe that this Act is to come into force, in respect to Road Board elections* only by the proclamation of the Governor upon the request of at least two-thirds of the members of the 1 Road Board, and after' the ratepayers^ assembled in public" meeting, have signified their approval of such step. It jSj tlierofbrgj for thg i"fcte-

payers themselves to consider whether they wish voting by ballot to be introduced in the Road Board elections in their district. THE PUBLIC! WORKS ACT. The fifth part of this Act, which consolidates r,he law as regards roads, and the seventh part, which provides for drainage, are the parts which principally affect the powers and duties of Road Boards. By the 81st section all roads, which 1 include bridges, are in the first instance in charge of the Road Board, but the county or the Government may take under its charge any road, and relieve the Road Board from the cost of maintenance ; and in respect of couuty roads and Government roads, the duties of the Boad Board cease. It is believed that this part of the Act vests in ths Road Board full power to construct and maintain the highways, and, where they think fit, to establish tolls. In respect to drainage, the seventh part of the Act places public drains primarily in charge of the couuties, with a view to establishing a system of arterial drainage throughout the country ; but the county may place any particular drains under the control of the Road Board ; and the Road Board may make and maintain any drains in connection with the general system of drainage, obtaining the consent of the County Council. You will find fuU powers for stopping useless roads in the Fifth Part ; but the powers for obtaining land for the purpose of making new roads over private property are given by the second part of the Act. The Board having fulfilled the several conditions required by the clauses 01, 22, 23, 24, and 25, the Governor is empowered to take the'land required absolutely ; but as he is not compelled to do so unless he thinks fit, an appeal virtually is secured to the Governor in Council to anyone who may consider himself wrongtd by the action of the Board. The land being taken, the Board becomes liable for any compensation which may be awarded by the Compensation Court constituted bj part 111 of this Act. The 95th section provides for exchanges of land being made where a road is required to be altered ; but where no such exchange is needed, and where the Board desires to obtain land only if it can be obtained at a reasonable price, it is open to the Board to j agree with the owner for the price, which he will claim, and which he will file in the Supreme Court under the 38th section, and to which, if ho answer is made under the 39th section, he will become entitled. It is considered ikat this process, avoiding tho necessity for all deeds or other legal proceedings, will be found simple and efficacious, and will supply the means hitherto provided by the legislation of the Provincial Council in each case for enabling the Road Boards to extend and complete the road system of the country. The land taken for new roads becomes absolutely vested in the Crown under the 25th section ; and the 26th section provides for the necessary registration of the change in the ownership of the soil without throwing any further trouble on the Road Board. But the Road Board must understand that where any such, land is subject to various interests, such as mortgage or other, it will be liable for all compensation which may be awarded in the Compensation Court by persons possessing such interests, unless a previous arrangement has been made, so that their several claims may be filed without dispute. The 29th section provides for the disposal of land taken and not wanted ; and the 91th section applies the same provision to all roads stopped. THE FINANCIAL ARRANGEMENT ACT. I am to call your special 'attention to the 32nd section of this Act, by which the Road Board is debarred from receiving 1 any subsidy under the Act, unless the returns specified therein are sent to the Colonial Treasurer at or before the proper time. The sum actually received in cash by wav of general rates during each year ending on the 31st March is the sum on which the subsidy payable during the year commencing on the Ist July thereafter is to be calculated and paid ft will therefore be mott c< n* 6'iient that the financial year of all local bodies should end on the 3lst March. : The Board will then know exactly the sum which' it. will be entitled to receive from the Government during the following year ; and the Colonial Treasurer will know, from the returns to be furnished before the ist May, the exact sums for which he will have to make provision during the ensuing financial year. The return you are required to furnish on the 31st of next January will be one of the general rates actually received by the Board during the year ending on the 31st March, 1876, "and will be the basis of determining the subsidy for the six months ending on the 30th June, 1877. I believe I have! noticed all the prin? cipal points to which it is necessary to Call your attention ; and t am to express the hope of the Government that the several Acts now transmitted will enable the Road Boards to fulfil the duties entrusted to them with increased facility.-^I ams ifec.j * Q. S. Cooler*