Manawatu Herald THURSDAY, APRIL 7, 1892. The "Borough Council.

Manawatu Herald, 7 April 1892, Page 2

Manawatu Herald THURSDAY, APRIL 7, 1892. The "Borough Council.

». The G6uncillors whb'rfre desirous of having either no ranger or one who shall only be remunerated by results ! have overlooked an important section in " The Municipal Corporations Act 1886," which will , we are of the opinion, prevent their latter desire being given effect to. - The section we refer to is numbered . 129, and relates to what constitutes the Borough Fund. Sub-section seven sets out that " all fines and penalties recovered under the provisions of thitf. : therewith, . for any offences cbnlf , mitted.jfiiitojlhe Borough, exfte'pr so much thereof as may by kW.be" payable^ to any prosecutor Gr^in" former " shall be part of the Bor'dttgli' JFimd <„ f ., „. ,- " ' * : '•■ 4 " The 4 Impb\indin'g li A£t empdW^ the local authority to authorise, a person to impoufid cattjg jfroni' 'off the roads, and in the. first' schedule, after stating the trespass rates to be paid to the poundkeeper, defines the charges for leading or driving cattle to the pound. Section 52 of the Act declares that" all fees payable under this Act, except where . otherwise provided, shall be paid to the Dis-. trict Fund," which fund means gtjhe ; fund. of the managing local authority. In section 25 it is also moat clearly

Set oui "that " all fees, rates and charges not otherwise appropriated ' by this Act shall form part of the ( District Fund," and it further, goes on to show " where otherwise pro- ; vided " referred to in section 62 means by stating " but, in cases J^here J]^.-E9}l n A^gEg2L.ls_J2aitl J?y . Tees, lie Thali be entitled to retain for, his own .use,, out of the whole amount of the fees received by' him, ,s.o lunch as shall from time to time be prescribed in that behalf by the local authority." It appears therefore to be most clearly set forth that only the poundkeeper is permitted to retain the fees, and that those derived by the person employed as ranger, from driving, are a part of the regular income of the Borough and must therefore be placed in the hands of the Treasurer to be by him paid into the Borough fund. It this is correct, it would place both the Council, and the Treasurer of the Borough, in a, very awkward. position .^tQ 'account for. the sums received by the person authorised by the Borough •to impound j when he 19 permitted to aot, not like a responsible 6fficer of the Council', but more like a privateer in the; old. maritime wars. • .The authority given to the . local bodies to impound off the roads was clearly given to enable them to prevent damage being done, as has been granted to private individuals to protect their properties, and that the repetition, in the Impounding Act, of the necessity of the fees being a portion of the local fund, was made to impress upon the looal,bodies the responsibility which rests upon them in f^njy actfon they may propose to'tak'e in this direction. We do not assent that otor reading "of the law is indisputable, but we hold -that i-we j horve v shown difficulties # > doubt,. .upon' the mactiqabjtiity of the suggestion ina^e. by the three .Councillors at the last interrupted meeting of the Council, . and we would .suggest that a legal opinion be obtained before more time has been lost.