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A BILL, Lyttelton Times, Volume V, Issue 251, 28 March 1855
To constitute a Municipal Corporation for the Town and Suburbs of Lyttelton. ( Continued from our last.) Rates how to be levied. 28. All rates to be made and levied under the authority of this Ordinance shall be levied on every occupier of lands and buildings within the town and suburbs of Lyttelton ; provided that no church, chapel, or other building exclusively dedicated to religious worship, nor any burial ground or cemetery, nor any infirmary, hospital, or other building used exclusively for charitable purposes, nor hereditaments, dedicated to or used for public purposes shall be rateable, and the word occupier shall include any person in the immediate use or enjoyment of any such land or buildings. Rate to be a poundage Rate — how charged. 29. Every such rate shall be a poundage rate, made upon an estimate of the net annual value of the several hereditaments rated thereunto ; that is to say, of the rent for which, one year with another, the same might, in their actual state, be reasonably expected to let from year to year, the probable annual average cost of the repairs, insurance, and other expenses, if any, necessary to maintain the hereditaments in their actual state, and all rates, taxes, and public charges, if any, being paid by the tenant. Rates limited to one shilling in the pound unless bij consent of burgesses. 30. The said Town Council shall not have "power to levy in any one year any rate or rates, amounting in the whole to more than one shilling in the pound sterling ; Provided that it shall be lawful for the said. Council to make and levy any rate or rates in excess of such sum as aforesaid, if such rate or rates in excess shall have been agreed to in public meetings'of the burgesses in each ward, called by public notices, at least ten daj-s before such meetings, setting forth" the amount of rale proposed to be levied, and such rate shall have been adopted by a majority of not less than three-fourths of the burgesses present at such meetings in each ward. Special rate upon any one Ward. 31. It shall be lawful for the said Town Council to make and lev}' a special rate upon any one ward, if such rate shall have been adopted by a majority of not less than three-fourths of the Burgesses present at a public meeting of the Burgesses of such ward, called by public notice issued at least ten days before such meeting, setting forth the amount of the special rate proposed, and the "special purpose or purposes for which it is proposed to be levied : provided always that a separate account shall be kept of every such special rale, and that said rate shall be expended solely for the benefit ['of the ward within which it shall have been levied, and upon the object set forth in the said notice. Two-thirds of the Town Council to be present at the making, §-c, of a byelaiu. 32. It shall not be lawful for the Town Council to make, alter, or repeal, any byelaw, unless two-thirds of the whole number of members shall be present. 33. No such bye-law shall have any force or effect, until it shall have been approved of by the Superintendent, and shall have been published in the Government Gazette of the Province, nor until ten days after such publication. 34. Any such bye-law, which shall be contrary to, or shall interfere with the operation of, any law or ordinance for the time being in force within the Province, shall be absolutely null and void: except as herein otherwise specially provided. 35. All such bye-laws shall be sealed with, the common u seal, by order,- and in
the presence of, the Town Council ; and the production of a copy thereof so sealed, shall be sufficient evidence of any such byelaw, in any court of law or equity whatsoever. Restrictions on sale of Corporate Property. 36. It shall not be lawful for the Town Council and Burgesses of the Town £iid Suburbs of Lyttelton, to sell, mortgage-, or alienate, or to\lernise or lease, the lands, tenements, or hereditaments, of the said body corporate, or any part thereof, for any term exceeding 21 years from tbe time when such lease shall be made, or if made in pursuance of a previous agreement then from the time when such agreement shall have been entered into, and in every lease which the said body corporate is not hereby re.-trained from making, ; there shall, (except in the cases hereinafter mentioned), be reserved and made payable during the whole of the term thereby granted, such clear yearly rent as to the Town Council of the said body corporate shall appear reasonable, without taking any fine for the, same. All corporate acts to be done by the Town Council. 37. All acts shall be done for and on behalf of the said corporation by the Council thereof, at meetings of the same as hereinafter provided. Annual meeting of Town Council. 38. There shall be an annual meeting of the said Council, to be holdeii on the first day of January in each year, for the election of the chairman, and for fixing the times of special meetings of the Town Council. Ordinary meetings of Toivn Council. 39. - Ordinary meetings of the- Town Council shall be held at such stated periods as shall be fixed by a byelaw to be passed at the annual meeting in every year. Special meetings of Town Council. 40. A special meeting of the Town Council may be called at any time, by the chairman, by a notice in writing signed by him, to be left at the usual place of abode, or place of business, of every member of the Council, at least three days before such meeting, and setting forth the special business to be transacted at such meeting ; and no business shall be transacted thereat, except the business specified in such notice. Chairman to preside at all meetings. 41. The chairman, elected as hereinafter provided, shall preside at all meetings of the Town Council, and shall have an original and also a casting vote thereat; provided that, if he shall be absent from any meeting, the members present shall elect one of their number to preside, who shall have a casting, but not an original vote thereat. Adjournment of Meetings. 42. An Ordinary Meeting shall not be continued by adjournment, but a special meeting may be adjourned to another time of the same day, or to some future day. Quo nan. 43. No meeting of the Town Council shall be held unless three members, besides the chairman, shall be present thereat. Qucstio7is to be decided by majority. 44. All questions brought before any meeting, except as herein otherwise provided, shall be determined by a majority of the votes of those present thereat. Meetings open to the Public. 45. All meetings of the Town Council shall be open to the public. Minutes to be kept. 46. The Council shall cause true and faithful minutes to be taken and preserved of all its acts, resolutions, bye-laws, and other proceedings; and all such minutes shall be signed by the chairman of the meet-
ing, and shall not be altered except by order of the Council. Minutes to be open to inspection. 47. The minutes of the Council shall be kept by the clerk to the Council, and shall be open at all reasonable times to the inspection of the members of the Council, free of charge, and to the inspection of any bur-. gess of the said town and suburbs,- upon the payment of one shilling, which the said clerk is hereby authorised to demand and receive. Chairman. 48. There shall be a chairman of the said Council, who shall be elected at the annual meeting as hereinbefore provided, by a majority of the votes of those present thereat, and shall hold office for one year, from the date of his election. . Duty of Chairman. 49. It shall be the duty of the said chairman, and he is hereby authorised and empowered, to carry into effect all the bye-laws, minutes, and orders of the said Council, and, generally, to provide for the good order, health, and convenience of the inhabitants of the town and suburbs of Lyttelton according to IrAV. Clerk. 50. There shall be a clerk to the Town Council, to be appointed by the Town Council, and to hold office during its pleasure, who shall keep all the Records of the Council- ' Treasurer. 51. There shall be a Treasurer, to be appointed by the Town Council, and to hold office during its pleasure, who shall keep all monies belonging to, or at the disposal of, the Town Council, and shall make all payments in behalf of the Town Council, and shall keep all accounts of such receipts and expenditure ; and the treasurer shall give securities for the faithful performance of his duties in such form and to such amount as the Town Council shall direct. Two Auditors. 52. There shall be two auditors, who shall be appointed at the "annual meeting of the Town Council from the burgesses of the said town and suburbs, not being members ofthe Town Council, or ho.'ding any office, or deriving any emoluments therefrom, and shall hold "office for one year from the day of their election. Power to appoint all their officers. 53. It shall be lawful for the Town Council to nominate and appoint all other officers, inspectors, agents, and servants, as they may think fit. for carrying-on the business of the said Corporation, and for the management of its property, and to fix and pay such salaries as they may think fit to all persons in the service or employment of the said corporation. Members of the Town Council not to receive payment or enjoy projits. 54. It sliail not be lawful for any member of the Town Council, so long as he shall continue in office, to receive or take, directly or indirectly, any salary, fees, or emolument, of auy kind whatsoever, in virtue of any bye-law, minute, or resolution of the Town' Council, or to make any contract for the supply of any goods to the use of the Town Council; and every contract so made, contrary to the provisions of this clause, shall be absolutely null and void: and any person who shall offend against the provisions of this clause, shall be liable to a penalty cf not more than £50, nor less than £10, to be recovered in a summary way upon the information of any burgess of the said town and suburbs of Lyttelton. Payments how- to be made. 55. All payments shall be made by the treasurer, solely in pursuance of orders ofthe said Council, signed by the chairman and two other members present at the meeting, at which such order was passed by the said
Council j and the treasurer shall be allowed credit in his accounts for such sums only as he shall have expended in pursuance of such orders. Anntial Accounts and Audit. 56. On or before the Ist day of February in every year the treasurer shall lay all his accounts for the preceding year, and. all vouchers relating thereto, together with a full abstract or balance-sheet thereof, before the auditors ; and the auditors shall lay the same after having examined and audited them, before the Town Council; and a copy of such balance-sheet shall be sent to the Superintendent, and shall he published in the Government Gazette of the Province, and in all the newspapers published in the town of Lyttelton. Accounts open to inspection. 57. All the Treasurer's books, and statements of accounts, shall, at all reasonable times, be open to the inspection of members of the Town Council, of the clerk, and of the auditors, free of charge, and to the inspection of all burgesses of the town and suburbs of Lyttelton, on the payment of one shilling, which the Treasurer is hereby authorized to demand and to receive. Pities, penalties, and rates — how recoverable. 58. All fines and penalties imposed under the authority of this Ordinance, and all rates levied under the same, may be recovered in a summary way, and shall be paid over to the Treasurer of the said corporation for the public uses thereof. How service on the Corporation to be made. 59. Service of every document requiring to be served on the said corporation may he made on the clerk to the Town Council. No Judge or Justice disqualified. 60. No Judge of the Supreme Court, or Justice of the Peace, shall be disqualified from acting in pursuance of any of the provisions of this Ordinance, by reason of his being assessed as a fate payer under the same. Repealing certain Ordinances. . 61. And whereas an ordinance was passed by the Lieutenant-Governor and Legislative Council of New Zealand entituled the Slaughter House Ordinance, Session 8, No. 5, and alike ordinance was passed, entituled the Footpath Ordinance, Session 8, N0..12, and the following ordinances were passed by the Lieutenant-Governor and Legislative Council of the Province of New Munster, that is to say—The Town Roads and Streets Ordinance, No. 7, the Country Roads Ordinance, No. 10, the Dog Nuisance Ordinance, No. 11. Be it therefore enacted — So much of the provisions of any of the above recited Ordinances as shall be contrary to, or shall interfere with, the operation of any bye-law of the said Town Council, shall be and the same is hereby repealed.
Married-—March 22nd, at, Lyttelton, Samuel Francis Scott, to Anne, second daughter of Mr. Cryer, butcher, Lyttelton. March 24th, at Lyttelton, Win. Thomas, to Eleanor Bathurst, both of Lyttelton.
A BILL, Lyttelton Times, Volume V, Issue 251, 28 March 1855
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