THE NEW HIGHWAYS BILL.

Daily Southern Cross, Volume XXVI, Issue 3970, 13 May 1870, Page 4

THE NEW HIGHWAYS BILL.

In two or three at least of the Highway Districts, meetings have teen held, or convened, for the Jim-pose 1 of giving "a full and free expression of opinion" as to the provisions of the draft Highways Bill. The draft is that which was " brought up by the Select Committee on Highways Act Amendment Bill," which sat during the late session of the Provincial Council. There must be some further action by the Council during the session which is to be commenced in October or November ; and the discussions, brief as they were, which took place last | session, were prolonged enough to evidence the existence of very marked, difference of opinion, and of the strongest feeling, on at least one pomt — the principle of assessment. The question of the form which the new Act shall take is really so important that there ought to be the "fullest and freest " expressions of opinion upon it during the recess. There ahouldbeameetingineach district ; the Trustees should in each case be prepared to submit specific resolutions to the meeting ; and the results should be forwarded for the consideration of the Governmeut. The draft bill is worthy of consideration as to three points particularly— Principle of rating, Statute Labour, and Special Rate for repairs in case of damage by storm, &c. As to rating, clause 7 provides that there shall be levied within each district, "one yearly district rate for the purposes of this Act," which shall be "a rate not exceeding Is. per acre, or 3d. per pound upon the estimated value to sell, of the lands and tenements therein, and shall be payable by the occupier of such lands and tenements, or, if there be no occupier, then by the owner thereof." Clause 26 refers to the Special Rate, and its provisions are substantially ,the same as were contained in the disallowed Rural Districts Bill. If, because of <f any sudden flood, tempest, or other unforeseen accident, any road or bridge, or any part thereof, in any district created under this Act, has been damaged," and the rates levied for the current year are insufficient to repair such damage, it shall be lawful for the chairman to convene a public meeting of ratepayers in the district, to consider the expediency of levying a special rate for the repair of suca damage. Any such special rate may be levied and collected in the same way as an ordinary rate. If a district in which roada have been so damaged does not authorise and levy a special rate, "it shall be {lawful for the Superintendent to levy, and expend accordingly, a rate sufficient for the purpose." By a resolution adopted by an absolute majority of the trustees of any district, it may be determined to " accept statute labour, at the request of any ratepayer, m commutation of a money rate " (clause 43) ; and the trustees may also adopt bylaws contained in a schedule to the Act, and make other by-laws, subject to the provisions of the Act. The trustees, in such a case (44), may appoint, as overseer or overseers of statute labour, any resident ratepayer in the district, and public notification of such appointment , or appointments must at once be made. Refusal to serve (45) will subject to a penalty of £2, but no person is to be compelled to serve more than once in three years. Neglect to perform duties will subject to a penalty of £5 ; and the penalty will be enforcible in case of a person who may consent to accept the office of oftener than once in three years. An overseer (46) may be absent from a distiict if he provides a substitute approved of by the trustees. The by-laws in schedule B. provide—l. A substitute may perform statute labour; (2) Faithful work for eight hours is to be accepted as a day's labour, but, if work is neglected, a money rate may be levied, as though statute labour had not been accepted ; (3) Oversecr3 may direct tools, &c, possessed by one giving stabute labour, to be brought, a day's labour being allowed for each plough, cart, or wagon used, and three days' labour for each day a team with a driver is in actual work ; (4) If a "road ia suddenly damaged or obstructed, the " ovei seers shall call out at any time, and without any question of commutation of money rate, those ratepayers within the district who reside' the nearest to such obstructions or damage, and such persons when called out shall not be required to work for more than half the number of days for which they would have b?en severally liable in the year then last past, had the money rate in each case been commuted for a statute labour rate, and should such amount of labour not be sufficient to repair such damage, then the Overseer shall call out the next nearest ratepayers, until such damage is repaired or such obstruction removed. " At any general meeting under the Act, "each ratepayer shall have one or more votes in proportion to the amount of rate at which he shall have been assessed in the said Assessment Book, in manner following, that is to say:— Under £1 he shall have 1 vote; £1 and not exceeding £3, 2 votes; £3 and not exceeding £6, 3 votes ; £6 and not exceeding £10, 4 votes ; £10 and not exceeding £15, 5 votes ; £15 and upwards, 6 votes : provided always that, at any election of Trustees, a proxy shall be reckoned as only a single vote."

To the Editor of ths Daily Sothern Cross Sir,— l have perused the draft of this bill with some attention, as well as the minutes of the select committee to whom the bill was referred, and I have also seen the circular letter sent by the Provincial Secretary to a chairman of one of the outlying District Boards. The circular letter to which I refer contains a request that a full and free expression of popular opinion, upon the details of the bill, may be obtained for the consideration of the Provincial Council. A short quotation from an eminent legal writer will show the extreme difficulty attendent upon the construction of legal enactments: -—"The Statute of Frauds (29 Charles 11., cap. 3) is said to have been the joint production of Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoliu Jenkins, an eminent civilian. The great Lord Nottingham used to say of it, that 1 every line was worth a subsidy ;' and it may now be said, with truth, that every line has cost a subsidy, for it is universally admitted that no enactment of any Legis]ature ever became the subject of ao much litigation. Every line, and. almost every word, of it has been the subject of anxious discussion, resulting from the circumstance that the matters which its provisions regulate are those which are of every-day occurrence in the course of our transactions with one another." The Highways Act is not to be compared in its importance with the Statute of Frauds ; nevertheless the Highways Act is destined to have a widely, extended operation ; it is likely to affect a large community, and "the j matters which its provisions are intended to j regulate will be those of every-day occurrence." The bill requires careful revision ; for although the objects proposed to be carried into effect by the select committee may easily be gathered from the draft in its present state, yet its defects are very numerous ; and, from the nature of such things, it could not be expected to be free from errors ; for if, in the construction of a public law, all its parts are expected to be harmonious, it must of necessity, in its final settlement, be left to the care of a single person. Clause 11 provides that the ratepayers shall nominate and elect five persona qualified and "willing" to be elected as trustees for eaoh district. Clause 12 direots that trustees for following year 3 shall be _ elected in the same manner as the first trustees were elected ; I take -this to mean that the trustees must n6t only be qualified, but "willing." .to act. Yet clause 17 (which,.iß very loosely worded) renders every person eleoted "who shall have refused or .neglected to serve" liable to a penalty not exceeding £5, without excuse on account of removal from the district, age, infirmity, "calling, profession, or sex, for it seems that a female ratepayer may be elected a trustee/ Clauses 15 and 16 very properly provide, .for supplying vacancies, and it seems to me that clause 17 might be rejected altogether, for the prudence of electing persons u^willmg^tb act is by no means clear, and the practice of fining people, unnecessarily is not to be commended.

By clause 23, a very serious, weekly penalty is recoverable against any trustee, ex-trustee, or officer, who shall fail to deliver up books, papers, moneys, &0., on the order in writing of a majority of the trustees ; but it does not appear how, or when, or where, or upon whom the order is to be served, or what time is to be allowed for compliance with the order after it shall have been served. Bu fc, beside all this, it is ju st possible that a trustee or other person having legal possession of books, papers, or moneys, might have a better right to retain them than the majority had to compel him to part with their possession. £} By the 24th clause it is provided that at every annual meeting of the ratepayers an account is to be exhibited of the receipts and expenditure of the previous year, "which account is to be examined and audited by two persons to be appointed by such meeting." And what the auditors are to do assuming the account to be manifestly inaccurate, or assuming it to contain charges of a questionable, improper, or unjustifiable nature, does not appear. Such an audit is a farce because it leads to no result. By clause 25 the trustees are to fix their rate yearly, and they are to cause a list to be made setting forth in alphabetical order the names of all persons liable to pay the rate, together with a description of the quantity and quality of such lands. Now, referring to other parts of the bill, it seems (by section 7) that the rate is to be payable by the occupier, or, if there be no occupier, then by the owner of the property rated, but the question is left open, whether the tenant is or is not to be re-couped by the owner ; and by section 33 the only place where any seizure can be made to satisfy the rate is "in and upon the premises in respect of which such rate ia payable. " .From this unnecessary and highly improper restriction it follows, that where any rates are chargeable upon unoccupied bush lands, or on lands which are uncultivated and without a tenant possessing property, there is no remedy at all. The collector may go to the owner (for the owner will never go to him), and the owner may tell the collector to go to the land, or to any other place which the owner's fancy may suggest. It seems to me that attention should be paid to the form of the rate. The rate should be fairly entered in a book, and not scribbled on a vagrant sheet of paper ; the rate should have a proper heading or title, j in order that ix, might tell its own tale when j produced in evidence. The owner's name should appear in the rate book as well as the name of the tenant, arranged in distinct columns and under distinctive headings ; and J if the occupier is to be primarily liable, the name of the occupier (if any) should stand in the first column and in alphabetical order fop convenient reference ; the landlord's name should occupy the second column, but of course the landlord's names could not. in. such a case be arranged in alphabetical order, but that would be unimportant. In cases in which there was no tenant at the time of making the rate, the owner phould be taken to be both tenant and owner, and the owner's name should appear in both columns. If this course were adopted, the owner might be sued, because he would be rated ; for I do not see how an owner can be sued if he is not rated, inasmuch as the rate must be produced m evidence of the liability of the person sued. But; even this course would not meet all contingencies, unless power be given to a Resident Magistrate, or to two Justices, to amend the rate from time to time as occasion might require. This might be done upon the application of the collector of the rate, or the chairman or clerk to the trust for the time being. The foregoing observations are a few (and only a few) of the many points requiring consideration upon this subject. I may add more remarks at a future time, if these should appear acceptable ; but 1 hope it will be apparent that 1 have not made these in any mere spirit of fault-finding. I know it is much easier to cavil with anything than it is to sugge&t a better one, but it so happens that in the place in which. I live, and where I have rather too much unprofitable leisure, my neighbours occasionally ask my advice to guide them through some of the difficulties which have occurred to their minds, in connection with the existing Highway Act, and therefore the subject is not altogether newto me. — I have, &c, W. JET. Turner. Valentines, Maraetai, near Howick, Turanga Highway District, May 7, 1870.

To the Editor of tho Daily Southern Ckoss. Sir, — This Road Tax is perhaps, of all taxes, the most needful, most beneficial, as well as least objectionable in its application. No State whatever can be well developed in its commercial and agricultural eondit'on, without the most fostering care and promotion of its road traffic. Whatever interest any one has in the "State, must benefit more or less by its proper application. As it is fixed in its liability and amount by a State law, it ought to be here as with the Queen's right to her taxes, not to be defeated by any neglect of collectors, or irregularity in the proceedings. Thus the J. P. s, being the Queen's representatives in petty Court, are charged not with the judgment oi debt or value or of law, not even m the case of arrears, but of the person or property being that of right liable to the payment of the tax. Thus we see in our local Act, "if the owner be not found," then the tax is to be registered upon the property, with an easement of time for redemption. If the Act of supreme Legislature give this lien of four years, before distress and sale, how can any minor Court avoid the recovery and upset an Act of Parliament ? This being an assessed, tax, the State delegates its power to the people to assess themselves ; who are best able to estimate each others' property, and their wants ; and the supervision and outlay are likewise delegated to trustees chosen by them ; and, finally, the audit of means and works is made by the people before proceeding to a new election. Thus tho ratepayers approve, or disapprove, and appoint new trustees, as they deem best ; and thus the ratepayers may recover on any outgoing trustees for any wrong application of their yearly fund. The trustees cannot commute the rates of their year for works done before their time. The Board of one year cannot bind their successors, nor entail any debts, because they are not a corporate body. The clause limiting the extent of the rate is a necessary provision to prevent too, heavy a tax ; and, although beneficial to the owner for an immediate work, may be too heavy for a short tenant. Going-out tenants grieve, perhaps, too much now upon paying for the last year's possession, forgetting they have had the previous use of the roads, and for which the rate is taken to repair. But as tenants sometimes go ont of possession at different times, the apportionment of tax for that time should be left to and be chargeable on the landlord, who should secure himself, and make good to the trustees. At present the occupier on the roll is liable for the whole amount. The ratepayers are bound in justice to themselves to facilitate the recovery, and to give every information they can of the true ratepayer, and. should remember the collector is their servant, executing their commands for their just protection. Everyone who avoids the tax — either by concealment, absence, quibble, or pretended irregularity of proceeding — is guilty of a fraud upon the honest ratepayer. This tax is not a parish or vestry tax, but a State tax, and as such cannot be questioned in recovery as a debt ; therefore is not under any rule of law as to time for recovery, as a debt is. A vestry ib a corporation, and can sue for debt : a Board is not * corporation, and cannot sue for debt. The Board summonses the person to prove he is £he right person to pay the rate, not to recover a debt, but to demand a warrant to issue for recovery of the tax proved by the roll. ! This tax is not due to them, but to the State, - for which they are only trustees for its outlay. Thus we find that, in event of the^atepayers not doing their duty to the State' by not' fixing any, or even a" sufficient tax, the State steps in and fixes a rate, appoints trustees, collectors, &c., and pays rthera what is judges proper, without let- or hindrance of the ratepayers. How, then, J can 'the failure "of a collector to i discover the right -party, or in the mode of procedure, fifeo^he per^on&ompaymentof the >tax? - It may. relieve hiimfor .that time;- but noif from ultimate payment which tiie coin'

pulsory publication in the #ase#eke A eps'fegafly alive. But if the Board go to aJ.P. 'a Court to" prove identity of person, and the Court' should treat it as a common debt, it might be the Court would aay : Although you cannot sue for a debt which, nevertheless, is proved by the roll, I think the Court cannot grant you a warrant to distrain ; because, by the rules of this Court, the application lias not been made within six months (which however I think would be wrong judgment). Yet, gentlemen, you have your remedy under the Act for Non-payment of Hates. You can register the tax, and all arrears of tax, against the property, and recover by sale in four years. But the Act does not stop there. You may recover for all rates due, and arrears of rates due, under any former Acts, although such Acts may have been repealed. This shows it is a permanent tax of the State, and only requires annual publication in the Gazette as legal evidence. And thus the arrears being a compulsory publication in the' Gazelle, and these arrears not having been controverted by appeal, becomes part of the roll on which the new trustees are to exercise theiv right to levy on behalf of the ratepayers; but if they neglect to place it on the roll of the year the remedy is interrupted, because there is nothing on the roll to claim; and the ratepayer, either by change of place or occupancy, or absence, escapes, and the property in possession of his successor escapes registration — and because a buyer, no arrears being on the roll, is also free from levy on his then property. Like a Customs tax — the Crown, having suffered the goods to pass, has waived its claim, and the goods cannot be again stopped in transifcu ; thus the bonded store maintains the registration possession until dues paid. Now, this is hard upon the subsequent owner — because by such decision the immediate and true payer of the rate escapes; and if he have changed his profession, though you may seize the goods of another person, that person may lose his remedy against the ratepayer by reason of his ' absence. Thus, the right construction must be, that the person, as occupier once liable, truly remains so wherever he may be found, until registration on the property is substituted. Still there does want a more rapid and direct recovery on the escaping ratepayer — that is, upon his goods, wheresoever found within the reach of a colonial writ ; and we 3ee by the Non-payment of Kates Act it ia a permanent State tax, recoverable even in retrospect. This, I think, sufficiently answers the case, that it is not a personal debt, subject to decision of J.P.s Court, and limited by time. — Yours, &c, William Powditch.