THE COUNTIES BILL. FULL SUMMARY. [By Telegraph.] [FROM OUR SPECIAL CORRESPONDENT.]

Daily Southern Cross, Volume XXXII, Issue 5230, 17 July 1876, Page 1 (Supplement)

THE COUNTIES BILL. FULL SUMMARY. [By Telegraph.] [FROM OUR SPECIAL CORRESPONDENT.]

WKl LTN'GTON, Satimlay. The following is a full summary of the Counties Bill, which was. circulated last c\enmg. The bill contains iO3 claus.es, ami is divided into 14 par s The title is Tho Counties Act. 1870 Part I preliminary (3) of the Act is to conic into operation upon tho same day as the Abolition of Piovinces Act, 1S75. Intel pretation : County means county constituted under this Act. Hiding means riding of county, and Council means Council of County. Road Board means Council, Board, Trustees, or persons or body having management and control of high wajs under any Act of the Geneial Asumbly or Act or Urdinance of the Pro vine ,il legislature in f«ice at the tune this Ait comes into operation. Road District means any road, highway, or district, with jmibdiction of road board as defined. Borough means .my city or borough constituted uiidt v the Municipal Corporations Act, lSt>7, or other act or oidmanee constituting municipal coipoiatious, and includes any citj , town oi place under the control or government of any council or board of commissioner, board of wanlens, trustees, or other persons or body having control of local affairs. Governing body used with reference to any road district, means road boaid as heiem denned, where nstnl with nfeiciue to county or borough means council of siuh respectively, wheie used with leference to any other body means board, council, trustees, or other persons or body empowered. The lateable \alue of any property would let from year to year, but shall in no case be less than five per centum per annum on the value of the fee simple, aud in case of unoccupied lands meaus five per cont. on the value of the fee simple thereof. Office hours means those fixed, except Sundays, Good Friday, CLustmas Day, and public holidays. Publication 13 to be made hi some newspaper circulating in the county, and, where no newspaper is punted, placards posted up in public places. Voters' roll means toll of persons entitled to vote. Tho valuation roll means such under the Rating Act, 1876. Rate-book ditto. Election and elected mean under the provisions of the Regulation of Local Elections Act, 187G. Public works include branch railways, tramways, county roads, docks, quays, piers, wharves, harbour works, reclamation of land from the sta, protection of land from encroachment by sea or river, hospitals, lunatic asylums, gaols, public buildings required by <he council or government of the county. Gazette means New Zealand Gastfc Part 2. Constitution of counties and ridings. The colony is divided into 39 counties. (6). Boundaries are along the centre of roads and rivers. (7) The Governor may, after appro\al by resolution of both Houses of Parliament, alter boundaries ; alteiations to be gazetted and day prescribed for new boundary coming into force. No proclamation to be made, altering boundary, within 90 days of tho day appointed for the election of chairman or members of the County Council of such county. All contracts then existing in respect to any riding to be enforced against the county of which it shall form part, and all rates due shall be collected by a body corporate of such county. Governing bodies of altered counties may agree to apportionment of property, debts, or liabilities, in icspect to any ridmgor part of uduig which may have been included within one or more of such counties. If such counties do not agree within one month of the proclamation taking effect, the Governor may apportion property, &c. Persons in ofKce in riding taken into another county cease to hold office, and new election to be held. 8. No borough to be included in any county for local government unless otherwise expressly provided Counties m second schedule are exempted from the operation of the Act, but the Governor, upon the recommendation or the resolution of both Houses, may bring the Act into operation in any. All subsidies or moneys payable under the Act of the General Assembly to such county shall, after making all deductions and pim-iding for elingea authorised by law, be allowed to accumulate to be paid into the county fund upon the fiist election of council of such county. 10. In habitants of every county under the name of the chairmin, councillor, and inhabitants, shall be a body coipinate ha\ing perpetual succession under a common seal, and may issue and miy be sued. 11. County piopeitv to vest into body coiporatc. 12. The Governor may, by pioclamatiou, after the Act comes into operation, diwde tho counties into ridings, noc exceeding seven in each, except counties in the second schedule 13. Pioclamations to pi escribe the day to come into effect and assign names and boundaries. Part 3. The county council for each county to consist of membcis ind chairman. Members of council not to be members for comity at large, but for ridings. 15. Firt>t council not to exceed .seven members., exclusive of chairman. 16. For the first election, the Governor may declare the number of incuibcrs each nding shall leturn to the council. After the first election, the council may alter the boundaiies of ridings, and assign number of members for each so that the whole number of the council does not exceed nine, excluding chairman ; no council to exercise Mich pow ers within ninety days before the day for ordi nary election. Members of ridings so altei ed to continue to bold seats. IS. Qualifications as members of council must be em oiled on voters' roll. 19. Until the formation of voleis' roll, persons qualified whose inracs are on the loll of road district within the county, or if no board in existence if enrolled under Registration of Electors Act, 1SG(), or any amendment of the same, and whose quahlieitions in respect to Unils and tenements js in .such riding. The holdcis of miners lights and business licenses are qualilicd foi fiist election 20 No bankrupt not having obtained his final older cf discharge, a person attainted of treason, or convicted of felony, perjury, or infamous ciime. of unsound mind is quiliiitd 21. Holders of oiliee in the gift of council, contractors to council, are disqualified, but not to alTect an association of 20 persons and upwards for sale, lease, or purchase of land, agreement for lease, sale, or purchase, for loan, money, &c. Penalty for acting ai member of council when disqualified, £50; but all acts done previously to be valid. '23. Fust county council to hold office t.ll 2nd November after day of election. 24 Subsequent councils to extend for three years, 2."). Death, resignation, or ousting from oflico, absence from four consecutive meetings, to constitute an extraordmaiy vacancy. 20 Councillors, if qualified, may he-re-elected. Part 4 Qualification of voters : Persons of 21 years of age whose names appear on the roll ae< ording to the following scalp .—Less than lT>0 valuation, one vote; €100, but under C150, three \otcs ; not less than £330, four votes ; C350 and upwanls, five \otes. 28. Voteis' roll, how formed : On or bofore tho 31st March, eich year, persons not having paid rates to the 31st December pre vious to 1)0 written in the defaulters' list, le mainder to be enrolled. The roll may be inspected without fee dm ing the month of April. Peisons may object to the loll on the following gi omuls — non-ontry of name, inconect valuation, wrong number of votes set down, tint persons "enrolled who have not paid r.atcj Objections must bo in wiitint;. Tho clerk to make a list of objections, winch are to be open to inspection for six days prior to the 10th of May. 30 Council to sit between the 10th and 20th of Mav to hear cl.unis and objections 31. Council may authonsc than man and two councillors to sign the corrected list. 32 Peisons in arrear may qualify by payment. 33. Attested loll tr hti evidence 34. New rolls to be made or alteration of boundaries. 35. If no lates are stunk in counties, then the valuation roll of road distncts to form Hie br.sis ol voters' roll for county. Seven days before tho formation of voteis' roll the Warden is to forwaid the names of holders of miners

rights. Only one uiti\ on tho mil m respect fif one 01 uioic miners' nghK m business, and no entry whcie holden arc otherwise qualified by land or tenements. Part 5. The Chairman of Council to be selected. Candidate for office of chaii man to deposit £10. 38 If auy candidate does not poll one eighCh of the number polled by the successful candidate, such sum to be foi feited. No person of any qualification is entitled to give more than one vote for the office of ehahinau. 39. The (tovernor is to appoint a day for the lust election of ehairinau, who holds olfice until the third Wednesday in November following. 40. Subsequent election of chairman on last Wednesday in October e\ cry third year. 41. The clerk is annually to prepare a roll for the election of chairman. 42. Elections to be conducted under regulation of Local Elections Act, 1S70. 43. The chairman cv officio to be member of Council. 44. Vacancy provided for filling. 45. The Council may allow salary to chairman. 46. The Governor may appoint the chairman a Justice of the Peace. 47. The appointment to cease on leaving office. 48. The chairman to be ineligible as member of the House of .Representatives or Legislative Council. Part 6 First, election of councillors. Persons whose names are enrolled as voters of a road district are entitled to vote. The Governor may declare scale of votes if no voters' roll is provided. Persons qualified according to the Registration of Electors Act, 1866, where the riding is composed of several road districts or parts, such as parts of county where road boards are not in existence. The Governor may, not less than 21 days before the election, appoint a person to prepare the roll on goldfields. Persons holding miners' rights or business hceuso not leas than two months preceding the day of nomination entitled to vote, holders of lenewed rights and licenses qualified. Dates of the first elections may be lived by the Governor. Business license or miner's right on being enrolled under the Registration of Electois Act only confers one vote. 50. In every nding, on the second day of November, after the first election of councillors, and on the same day of each succeeding third year, members for each riding to be elected. 51. Councillors elected for more than one riding to elect for which he will serve. Part 4. 56. Place of meeting of council to be fixed by the Governor on the third Wednesday after election. 57. Council of every county to hold annual meeting on the third Wednesday in November ; any three members may require a special meeting to be held. 58. Council may appoint the place of meeting, and if necessary outside the limits of the county. 59. Questions to be decided by open voting, and by the majority ; chairman to preside, and have the casting vote. 60. Four members, including the chairman, to be a quorum. 61. A member not to vote on a question in which he may have a pecu niary interest under a penalty not exceeding £50. 62. Members may adjourn the meeting from time to time. 63 Where " special oiders " are referred to in the Act, tho business must be done at a special meeting, of which notice has been given and confirmed at a subsequent meeting, not sooner than four weeks from the preceding meeting ; such subsequent meeting to have been four times notified. 64. The council may make, repeal, or alter by-laws. 65. Tho by-laws must be made special orders, and published seven clear days before being considered. They must have a corporate seal, and not come into operation until approved by the Colonial Secretary. 66. The Governor may disallow any by-law within six mouths after receipt, and it ceases after being gazetted, but does not invalidate previous things done thereunder. The by-laws must be published seven clear daya before coming into force. 67. Penalties not exceeding £5 may be provided for breaches. 68. Penalties shall not relieve the offender from liability under other remedies. 69 Printed copies of the by-laws to be kept by the council. 70. The council may make bylaws to repeal others, to regulate meetings, proceedings, debates, &c , to regulate services and remuneration of officers, and for the purposes mentioned in Clauses 135, 138, 139, 141, and 144 of this Act. 71. Vacancy in council not to invalidate proceedings. 72. Defect in election ditto 73. Wilts, &c , nuy be loft at t'10 ofhee of the council. 74 Documents to be authenticated by the signature of two members of I the council, or by the chairman and clerk. 75. The clerk is to represent the council in cases wheic persons are proceeded against bv tho council and become bankrupt. 76. The cleik to represent the council in proceedings before Resident Magistrates' Couitb 77. The costs of proceedings by the clerk to lie paid out of county funds 78. Upon complaint the Resident Alagistrate's Court mav grant a summons to any person accused of holding office wrongfully 79 The Court may adjudicate. 80 The Kesi dent Magistrate's Court to have the same powers as in ordinary jurisdiction in civ il cases. 81. Disputed election cases not to be heard before Resident Magistrates' Courts. $2. No question which may be tried under the provisions of this part of the Act shall be tried in the Supreme Court, and no proceeding in the Resident Magistrate's Court hereunder shall be removable into the Supreme Court by crtiontri or otherwise. S3. Council may employ officers, who shall give security. S4 No member of council to hold office Part 10. 85. County fnncli to consist of rates made and levied, tolls on county roads, and rents of tolls, moneys received under any grant or Act of the General Assembly, licensee fees from liquors, &c, dog taxes, hawkers, pedlars, brewers' licenses, or fees derived under Pi ovincial Act or Ordinance pa} able to any body corporate of county oi council, may bo empowered to receive residue of any land revenue available for distnb itnm ; rents and profits from property vested in the body corporate, fines and penalties recovered under this Act, or by-law thereunder; moneys by way of loan, subscriptions or donations, and all other moneys which may become the nropei ty of the body corporate. S6. Such inoneysTto be paid into an account called the county fund. 87. Fines to be ditto. S8. Couucil to appoint the bank. 89. Account to be operated upon by the signature of the treasurer of the council, countersigned by two appointed members. 90. 1 he council is empowered to levy rates, estimated to previously pi epared, showing amount so available and required The total rateable value of property on roll i ate thereon necessary, and the estimate being appioved by the council, to Ibc publicly notified 14 days before date. 91. The council may make a separate rate for woiks in any particular district. 92 Such a l ate only to be made on a petition signed by one third of the iatepayers. 93 The council may apply such •pecial vote to works, specified, or to recoup previous outlay thereon. 94. Pioeucds of sepaiate rates may bo apportioned by agreement of different councils wlu-io special rate for works is |ointly beneficial. 93. A special rate ma> hn levied for the payment of interest and sinking fund in loans. 96 The council may amend the special rate. !)7. No special rate shall be quashed by any proceedings in any Court whatever. 9S No .reiifial or separate rate in any \ ear to exceed Is. in the £1 upon value of lateablc nropei ty. 99. Rates to be made and levied in accordance with the piovisious of tho Uatui" Act, 1876 100. Rates may be remitted in cases of extreme poverty upon petition. 101. Collector of rates or tolls to deposit into the bank not later than eaJi Satiuday. 102. Bank to give receipts. 103 Colleetor to render lists of money collected once weekly. 104. Collectors to five i eccipts for money collected. 10.1. To make i etui ns of persons in an ears. 10f> Peisons appointed to disburse funds of the council to i emU-r accounts 107. Monev s unaccountt d tor may be recovered. 108. Persons failing to lender accounts may be ordered by two Justices, and for non-compliance, sentenced to not exceeding six months. 109 Council may also use any other remedy m addition. 110. Treasurer to keep accounts, consisting of general accounts, sop irate accounts, special fund accounts, interest accounts, sinking fund accounts. 111. Iransfeis to meet deficiencies may be made I from geneial accounts. 112. Accounts to

lie liaUmul quaiterly. 113 Auditors ta do certain things 114. Penalty on treasurer for refusing to product' book.*, ic, to auditors, not to exceed £30. 115. Before 15th April in each yoar treasurer to send balance sheet to auditois showing liabilities of county— total debt under each loan raised. 11<>. Auditors to certify. 117- Special meetings of council to consider bal.mcj sheet. TO BE LO'TIXl ED.