THE COUNTIES ACT AMENDMENT BILL.

Clutha Leader, Volume V, Issue 218, 13 September 1878, Page 6

THE COUNTIES ACT AMENDMENT BILL.

Tlie Counties Act Amendment Bill contains the following important provisions : Where it is proposed to divide an outlying district, the division must be made on the receomendation of the County Council ; but where the Act is not in force the division may be made by the Governor in Council, without such recommendation. Sections 14 and 15 of the County Council's Act is repealed, and instead it is provided that any part of a county or two or more counties may be constituted a new county, subject to the following conditions : A petition to the General Assembly, stating the name, boundaries, and area, such area not to be less than 2000 acres, and to contain 100 residents electors ; the petition to be signed "by three-fifths of the county electors in number and value. The petition to be notified a month before presentation to General Assembly. The Governor to issue proclamation upon the resolution of both Houses. In lieu of the power under the 30th section of the said

Act of altering the boundaries of counties, | : proceedings to effect such alteration shall be carried out in the following manner : (1.) A petition shall be presented to the General Assembly, praying for an alteration of the boundaries. " • (2.) The petition shall be signed by the chairman of the council, on behalf of the whole council. (3.) The provisions of subsections 5, 6, and 7, of the third section thereof shall, mutatis mutandis, apply to any alteration of the boundaries of a county, and all acts and tilings may be done in accordance with these subsections so far as may be necessary to give effect thereto ; provided that before any district or territory is added to any coxinty of which it did not previously form apart, theconsentof the council of such county shall first be obtained. STo person shall be entitled to vote at any election held under the Act unless he has paid all rates which shall have been declared three months previously, and any collector of rates or elector may object to any such person voting. Whenever, by reason of any alteration in the number of the ridings in a coxmty, it shall be necessary to prepare new rolls before a general election of the ridings in a county, the following provisions shall have effect — (1.) The clerk of the council, upon such alterations taking effect, shall forthwith make up from the election roll or rolls in force a roll for such new riding, and shall place on tho roll of each such riding the name of each voter, who appears from the existing electors' rolls to be entitled to vote in such new riding, and shall assign to each the number of votes to which he i is entitled. (2.) Such new rolls, when corrected by the council and signed by the chairman, and any councillors, shall be the electors' rolls for such new ridings, until new rolls are made up in accordance with said Act. (3.) The new rolls so formed shall come in force on the day fixed for the general election for tho council, and not previously. Where the whole Act is not in force, counties may act under clauses 36 and 40. The limitation of the number of councillors is repealed, and every council may from time to time declare what shall be the number of councillors to be elected by each riding, such alteration only to take effect at a general election. Section 109 is repealed, and in lieu it is enacted that when no rate or an insufficient rate is levied by a road board, the council shall have power to levy a separate on all rateble property within the district of such road board, and the proceeds shall be applied to construction and maintenance of main roads within such district. In outlying districts, or in road districts which have not elected a road board, the council may levy a district rate for the maintenance of district roads, &c. , and may direct on what works the money so raised shall be expended. Auditors are to be appointed hy the council instead of the Governor. The council may allow a tramway to cross roads. ' The council may in the manner provided by the said Act make, alter, or revoke bye-laws for all or any of the following purposes : — (1) Declaring what shall be the powers and duties of the chairman of the council, as the chief executive officer of the county ; (2) prescribing the days and hours of attendance of the clerk and other officers at the office of the council, and the clays and hours so fixed shall be deemed to be the office hours for the purposes of the said Act ; (3) limiting the weight of load to be carried in waggons and vehicles crossing any bridge under the control of the council, or travelling on any county road, and for otherwise regulating the traffic across any such bridge or any such road under the control of the council 5 (4) limiting the number of passengers to be carried in coaches, hackney carriages, or vehicles, and for preventing the overloading thereof either with passengers or luggage. A meeting need not necessarily be lie held in the riding, as provided by the Act. Order in council, and proclamation under Act, to be conclusive that all preliminary requirements have been satisfied. THE NEW RATING BILL. Provides that it shall not be necessary henceforth for every local body to which the Bill extends, to appoint a valuer ; but the Council of every county in which the whole of the Counties Act, is in operation, shall alone make a valuation, as provided by the said Act and this Act. The expenses incident to the making of such valuation to be paid out of the county fund. Where the whole of the County Act is not in force, the power of appointing a valuer, and of doing every act necessary to make and complete a valuation under the said Act, shall vest in and may be exercised by the Governor, or such person or persons as he may from time to time appoint for that purpose, and the expenses incident to the making and completion of such valuation shall be deducted out of any subsidies payable to the county. The following general provisions for the amendment of the said Act shall have effect. (1.) On or before the 9th January, 1889, and upon that day in every third year after, the valuer for each riding in the County shall prepare, sign, and transmit to the County Council a valuation list in the form attached. (2.) In section 10, there shall be omit- i ted the words " cheap tenants " j wherever they occur, and the words " joint occupiers " shall be substituted, and also the word " tenancy " shall be omitted, and the words " joint occupancy " shall be substituted. (3.) In section 30 in the last line, there shall be omitted the words " in the following year." (4.) In section 39, the words "or owners " shall be inserted the word " occupiers " in the fourth line. (5.) In section 48, the words "or posted to his last known place of abode or business " shall be added at the end of such section. (6.) In lieu of the word " twelve," where it first occurs in the form of memorial given in the Bth schedule, there shall be inserted the word " six " All the provisions of the said Act as to the preparation and completion of the valuation list and roll shall apply and extend to the county valuation list and roll. All rates to be authorised to be levied by the County Council or any local ; body having power to levy rates in any part of such county, shall be made upon, valuation rolls made under this Act. When the valuation lists shall, have been .

made every local body affected by such valuation list shall have the following rights and duties : — (1.) It shall take a copy thereof or extracts, and shall make the same into a valuation list for remission under this Act (hereinafter called the " local list"), in respect of each district. (2.) Where a district is divided into subdivisions, a separate local list shall be made of each sub-division. (3.) It shall not be necessary to give any notice of the making of such valuation list. If the rateable property comprised in any county valuation list lies in any more than one district, over which a local body is empowered to levy, then the copies of the valuation lists for the same may be completed at such Assessment Court as the Governor may appoint, although part of such district may not be within its jurisdiction. Local bodies may object to a valuation made by the county. The word " occupier " in this Act shall mean either the person in actual occupation or the owner. When by any Act or Ordinance in force power is given to levy a general, separate, or special rate on the acreage of any rateable property, or of a stated amount in the pound on the part of rateable property, or on the power to sell, or otherwise than on the rateable value, as defined by the said Act, the local body may levy such general separate or special rate, provided (a) that the total amount of any general rate for one year shall not exceed Is in the £. (6) That the total amount of such separate rate for one year shall not exceed Is in the £. Road Boards may levy rates at any period of the year, after their constitution. Any County Councils may adopt a valuation under the Land Tax Act, 1878. The Act is not to apply to boroughs. BOAD BOARDS BILL. Colonel Whitmoro has introduced a new Road Boards -Bill. It repeals all local Highway and Road Boards Acts of Provincial Councils and various Acts of the Assembly affecting Taranaki and some of the Southern Provinces, amongst them the Canterbury Roads Ordinance Amendment Act, 1877, and the Otago Roads Ordinance Amendment Act, 1877. It gives County Councils power to create new districts, and to amalgamate existing ones on petition from Road Boards interested ; such petition to point out the boundaries. Counter petitions may be presented and given effect to. When such new boards are constituted, the old and new boards shall meet and apportion the assets and liabilities, and property, real and personal, they may possess. If no such agreement is made within two months, the County Council may hold an enquiry, and make an award apportioning the property, such award being final. When two or more road boards are tmited, the property of them shall vest in new districts, which shall also undertake all liabilities of old boards. County Councils may sever portions of road districts situated in • several Counties and unite the same to another district, or constitute the same into a new district. Councils may also alter boundaries, after giving twentyeight days' notice. If objections are lodged County Councils may hear and determine the same, and may make the alterations or not as they may think fit. Signatures to petitions for alterations, of boundaries, or csnstitution of new districts, are to be verified by solemn declaration. Councils may from time to time, by special order, divide and alter subdivisons of a road district. A ratepayer is donned as being " every person " (women included, of course) of the full age of twenty -one, whose name appears on the ratepayers' roll of a road district, or of any subdivision thereof, and shall continue to be a ratepayer so long as such roll is in force. There is a clause which changes the system of voting by plurality. (39.) " Every ratepayer shall be entitled to vote at every election of a member of the Board ; but if the road district is subdivided, then only at elections of members of the Board for each subdivision in which he is enrolled ; but no ratepayer shall have more " than one vote in each subdivison. The Clerk of Board is to prepare lists of ratepayers, to be open for inspection at the office without fee. Objections may be made to names on these lists on grounds set forth in the Bill. Lists of objections are to be open for inspection. If any person whose name is on the defaulters' list is objected to on the ground that he has not paid his rates, and if such defaulter pays his rates at any time before the roll is certified and signed, his name shall be placed on the ratepayers' roll. The "district fund" shall consist of tho moneys following — 1, Rates made and levied as provided by this Act, or any Act incorporated therewith. 2. Tolls levied on district roads, bridges, and ferries, and all rents of under any grant or appropriation by or under pursuance of any Act of the General Assembly of New Zealand. 4. All moneys payable to the district under the provisions of tho Financial Arrangements Act, 1876. 0. All rents and profits from property vested in the body corporated. 6. All fees, fines, and penalties recovered under tho provisions of this Act, or any bye-law made thereunder, or of the Acts incorporated therewith, for any offences committed within the district. 7. Moneys received by way of subscription or voluntary donation ; and 8, all other moneys which may become the property of the body corporate of the road district. All such moneys shall be carried to an account to be called "The District Fund Account." The Board of every road district not divided into subsections, may levy general rates not exceeding Is in the pound of rateable value, may also levy a separate rate for works of special benefit to any particular portion of the road district, but the total amount of such separate rate shall not exceed Is in the pound in any one year ; such separate rate only leviable after petition to that effect signed by one half of the ratepayers within the portion of the district where the works are wanted. A system of auditing is appointed. Boards may overdraw their bank accounts in anticipation of current rates, but the overdraft must never exceed the total amount of the income for the year ending Ist March previous, not including any moneys received by way of grant from the Government or moneys borrowed or received for special or separate rates. Members of Road Boards are to be liable jointly and severally for moneys illegally borrowed. The Board is to havepower to make bye-laws under the powers given by the Act. The rest of the provisions .are chiefly formal.