THE COUNTIES ACT.

Dunstan Times, Issue 762, 24 November 1876, Page 3

THE COUNTIES ACT.

In. our last issue wo acknowledged the receipt of the Counties Act, oud said wo VOttld at a future date review its contents. To do so, however, in such a manner as wo •would like would take more space than wo can afford in one issue, and necessarily would he too great a burden on our readers to wade through; we will, therefore, in this issue merely give> synapsis of thoseliparts and sections which will give those who will have the dealing with it some idea of the many-headed monster. Though agreeing with the measure, and still adhering to what we have so frequently repeated, that the County system is the only one by which the country can be equitably governed, we advisedly call it a many headed monster, as in our opinion its verbiage is out of all reason, and hold that had it been confined to fifteen instead of forty-five pages, it would have proven a muchjtmore useful measure, and far more understandable —it we may use such an expression. However, to the measure itself : “ The Counties Act, 18>6, contains eleven Sparta, 213 sections, and nine schedules, and occupies 45 pages of closely printed matter. Part 11. deals with the constituting of counties, ridings, and road boards ; and distinctly in section 6 says boroughs 'Shall not be included in counties, and any place becoming a borough shall therefore cease to form part of a county ; section 3G refers to the alteration of ridings. Part lll.—Section 51 deals with provisions for first elections, and says, “ The following persons shall be deemed to be county electors : Every person who is for the time being entitled to vote at an election of a member of the House of Representatives upon a qualification in any outlying district in a riding. Any legal holder of a miner’s right which shall have keen issued within the electoral district in which the riding, or part of a riding is included, not less than three months prior to the election.” Part IV.—Section 5-4: “The Council shall, at its first meeting, and in each succeeding year, elect one of its members to be chairman.” Section 57 : “The Council may, out of the funds of the county, from time to time, make such allowance to the chairman as they think fit.” Any' Council have the power, however, of -resolving that this section shall not he in operation in the county. Part V.—Section 58 : Councillors to be elected by electors in each"riding section CO : “Council may alter number of members for ridings ;” section Cl : “ Each elector may be a councillor section C 4 : “ First election to be held on a day to be appointed by the Governor ; second general election on the sicond Wednesday in November, 1878 ; and each subsequent election on the same day in each third year thereafter ;” section 68 : “Any councillor may resign office, or, it he absents himself for four consecutive meetings bis office shall be vacant;” section 71 : “ Every question coming before the council to he decided by open voting, the chairman, in case of an equality of votes to have a casting vote ;” section 76 : “ Meetings of the council to bo open to the public.” Part Vl.—Sections 95 to 98 inclusive, gives the power to Resident Magistrates on affidavit or on oral evidence, to oust from office any chairman or councillor incapable of holding office, and no such decision shall he removed into the Supreme Court. Part VII. gives power to council to appoint its officers ; any one person to hold two offices, ■'and a councillor can hold office if he consent •to do so without salary. Part VIIL describes the funds of the county, which shall consist of rates, tolls, subsidies, grants or appropriations, rents, fees, fines, and monies received by way of loan. The levying of general, separate, and special rates ; the duties of collectors, accountants, and auditors, and the keeping of accounts. Part IX. deals exclusively with loans, empowering the council to borrow money to the extent of four times the amount of general rates -to be levied in one year ; the proposal to borrow, however, has to be submitted to the ratepayers who decide by poll whether the money is to be borrowed ■ or not, the number ot votes recorded in favor of the proposal to exceed by one- ■ fifth those against it, otherwise the proposal to be rejected. Two or more counties may unite to raise one special loan, the county funds of cadi county to be jointly and severally liable for the whole loan. The council is liable jointly and severally to the county for any loan illegally borrowed. Part X. lays down the duties of councils as follows : To enter into contracts, to make bye laws, care and management of county roads, contribute towards the erection and maintenance of hospitals and other chari-. table institutions, public libraries, markets, management and control of reserves for public recreation, and the establishing of pounds. Part XI. is miscellaneous. As the question •of subsidy from the General Government is not mentioned in the Counties Act, we turn to the Financial Arrangements Act, and find in sub-section - of section 8—“ That out of the land fund—to each county council a sum equal to halt of the sum so received by such council, or equal to the one-half ot the total of the sums so received by all the road boards or parts of road boards within the county whichever of such two sums is the greater. Tho subsidy payable to a county lying partly in one district and partly in another shall be charged against each district in proportion of the areas of the parts of tho county lying in each district ; but for the purpose of this section no sum shall ho deemed to be received by any council or board in excess of the sum receivable oh a rite of one shilling in the pound of the atmUal value of rateable property ; and Cut of the Consolidated Fund a sum equal to tho sura hereby payable to such county or Board out of the Land Fund —subject, however, to the following deductions, that is to say :—Until further provision is made in that behalf the Colonial Treasurer shall deduct from such subsidies P'o rata contribution from each county and borough as shall in the whole make up the sum appropriated by tho General Assembly Cat of the Consolidated Fund towards the

maintenance of tho hospitals and charitable institutions within such district; and from goldfields f evbmio—“ AIF revenues arising in any district under tho Goldfields Act, 1800, excepting all rents, or other monies payable to tho Native owners of the land from which the revenue has accrued ; and also the revenues accruing from tho sale, letting, leasing, or other disposal of Waste Lands of the Crown, which shall be deemed part of the land fund of such district, and from fees and fines ; all revenues accruing from payments in respect of licenses for the making or sale of spirituous and fermented liquors, billiard tables, music and dancing halls, auctioneers’ and hawkers’ licenses, andMog’tax, all fines uhderj Sheep Ordinance, and all fines for breaches of bye laws.” “The Rating Act, 1876,” “The Regulations of Elections Act, 1870,” and The Public Works Act, 1870,” are incorporated with and read as part of the Counties Act, 1870. We merely state this latter fact, and do not purpose reviewing theii contents.