THE STATUTES.

Otago Daily Times, Issue 4629, 16 December 1876, Page 1 (Supplement)

THE STATUTES.

42. Among the more important of the Acts passed provisionally for the purpose of aiding the new constitution introduced by the Abolition Act, is the Education Boards Act, 1876. By this Act, the existing educational ordinances of Provincial Legislatures are kept in force, except whore specially repealed or altered, and the several Provincial Districts, and the Educational District of Patea, are created education districts. There is a Board constituted for every district, that for Ofcsgo being the existing Board. In certain cases, such as resignation, death, conviction, bankruptcy, etc., a mem> ber's seat is vacated, and in such case, or in case of any person becoming unwilling to act, or refusing, or neglecting so to do, it becomes lawful for the Governor to fill up vacancies. Each Board is a Corporation with a common seal and perpetual success sion, and takes over tbe property of existing Boards. Existing rules and regulations are saved, and the new Boards are empowered to make others. The Board proceeds in the usual way, the chairman having.an original as well as a casting vote. Sections 15 and 16 define the powers and duties of Boards and local School Committeec. The former are to exercise a greater supervision over all the public schools wftich have been established m the district, and all thoße which may be established by the Board, and to promote the formation of school districts and establish schools within them in accordance, as nearly as circumstances will admit, with tbe existing laws. The latter are to oarry on their former duties as settled by existing enactments. With reference to this part of the Act we would venture humbly to suggest to those wise men who make our lavs that, as this is an Education Act, and should set a wholesome example, it might be judicious to give some slight recognition to the difference between an adverb and an adjective. Suoh sentences as these—"The Board shall promote the formation oi achool districts _. . . as near as circumstances will admit In ao« cordance with any ordinance," &c, j" As near as circumstances will admit all the powers , . . which by virtue of any ordinance are vested in .... any local school committee shall continue to be vested," &0., are not quite according to Lindley Murray. Section 19. The Board is authorised to expend funds for several purposes: (1), Salaries of its officials; (2), purchasing or vesting school sites, improving buildings, &c; (3), teachers' salaries; (4), Normal and model schools j (5), scholarships; (6), school libraries ; (7), necessary expense of carrying out the provisions of the Act. Section 20 abolishes all rates but capitation rates on children.

Reserves are vested in the Board, but so as not to interfere with endowments for.particular schools, and the Board has power to let such reserves for 2L years.

Section 24 gives the borrowing powers which Mr Macandrew has so often pronounced necessary by authorising the Board to raise money by mortgage or by debentures, and expend such money in building or improving schools, purchasing sites, &o. Any surplus! revenue is to go in reduction of contributions payable out of the land revenue. The Board is to account to the minister having charge of educational matters, and is generally placed Under bis control. The Act seems intended as » temporary measure, as it provides that the Boards as constituted by it are only to last until December Ist, 1877. The Government plan is to bringin a general measure for the Colony next .year. 43 amends the "Public Trust Office Act, 1872." An extremely daDgerous provision in section 3 enables any trustee to place the trust property vested in him in the Public Trust Office, with the consent of the Board, provided that such beneficiaries as are within the Colony consent, and when there are none here to consent, provided that it will ba for the advantage of the property to be placed in the Public Trust Office. A judge has power to vest suoh property in the trustee. We should like to know: what Lord St Leonards or his ghost would think, of this mode of dealing with trust property. Executors and administrators may also get: rid of all trouble ia the same way. A sensible provision is sec 5, allowinga judge to save an estate from waste by granting administration to the Public Trustee immediately, and allowing the person entitled to come in afterwards. When the whole revenue iof an estate does not exceed £50, and none of the children are above 15 years, the trustee ia authorized to pay tho sum to tue widow; and when the sum exceeds £50, is authorised, upon the order of a judge, to pay sums belonging thereto^ to the widow for the advancement of the childreD. The Public Trustee is empowered to take possession of the property of absent proprietors. Leasing powers are granted in such cases and in others. The Public Trußtee is empowered to acquire lands for the benefit of the estate, or to mortgage it for : certain purposes. Various other technical provisions are contained in this Act, which is of considerable importance. The Public Trustee ssheme is a new one, the working of whioh has not been thoroughly tested. It is a matter for grave consideration whether it should be one of the duties of the State to undertake duties of this sort. If the State is justified in owning railways and touting for insurance premiums, perhaps there can be little doubt about the propriety of such measures as this—especially BeeiDg how often the peculiar circumstances of the Co* lony seem to demand something of the kind. 41 The title of the Maori Representation Act Continuance Act, 1876, speaks for its contents. The several Acts are permanently continued.

45. The Provincial Appropriations Extension Aot, 1876, virtually carries on the Provincial Administrative system until the end of this year. It further enables the Governor to oarry on the existing Provincial services in any Provincial district, And for such purposes to empower any such persons ai he may think fit to issue the necessary warrants.

46. The Post Office Act, 1876, authorises the issue of post cards. 47. The Abolition Act was destructive in it» nature. The Counties Act, 1876, is constructive, and is the constitution under which we still breathe free air. It was the source of all those tears, but it has not yet cb&nged onr green bills, do; frightened the »wbß tbas giftw e» (hem, Wjpt?rpr ¥p

have dona in the past to oppose a constitution which weregard-as-an insidious-attempt-•to deprive us of rour own; we must; for tae .preheat" content ourselves with asking the, npw system, and endeavouring to master Jts 'details. ! It contains■. 213 clinße^Kbesides many schedules. •.-;, ..:',.,■■. ! Section 5. The B»tlng Ao^ the Bogulv tjon of ■ Local Elections Act, and the Public Vpfks Act, all passed this yew, are incorporated with this Act. : : Section 6.^ Brings the Counties into existence. Boroughs, are excluded. Certain thinly inhabited Counties are exoepted from ;the operation of the Act, until by proclamation they uhall be brought within ita operation. ' 'i.'1 ■'• '': ;; : '■.' ,-..; ■■•..■ ■ : 7; Outlying 'distriotaj ore -those outside road dintricts. : I 8. Counties are be divided into ridings. I 9. Counties are governed by a chairman, and Council. . • , ■» ; . j 10. The inhabitants are. a ; corporation. [ 11. The; Council may within three months pass a resolution that cert»in sections of the Act shall, not bje iv force then, otherwise the wholeAci comes into force/ These Sections relate .to,.a great extent tp^-thti,MJust-' knent of property, debts,' "&pl,...bet^eeja''iiny, Countyand, any:new,..Countyseyered front' }t, to the adjustment of boundaries under, such circumstances, the alteration of ridings iby County Councils, the merging' of irpad into Counties and the consequent jvesting of property, the whole regulation of j elections, the salary of the chairman, the time of meeting and conduct of meetings of | the Councils, and other matters. It i«, howi ever, provided that when a County does not adopt these provisions,, its funds are to be paid into the Public Account, instead of into the County Fund, to be disposed of accordto the Public Arrangements Act, 1876. The Governor has power (seotion 14) to create new Counties not less thin 200,000 acres in extent, on the petition of threefifths of tho inhabitants, but the Proclamation creating a new County shall be laid before Parliament, and may be disallowed by resolution. Several sections, regulate the details of the creation of a new bounty. The Governor may (section 25) in the same way unite two or more Counties. He may also (section 30) alter the boundaries of Counties, and re divide them into fresh ridings. The first election under the Act is (sections: 51, 52, 53) under the control of the: Governor, and if any County should choose not so have the Act in force within its limits, its elections would continue to be so managed. In these cases the electors are those entitled to vote at Road Board elections and elections for the General Assembly. The Governor is to determine the number of members for each riding. Evidently the framers of this Bill had a wholesome appreciation of the worst vice of the abolished Provincial Councils and of the Municipal bodies, for it is positively stipulated that the number of members shall not exceed nine, excluding the Chairman. ■-~'. This is a deadly blow at oratorical display; An orator may speak to an audience of \% but cut his audience down to nine and his speech will be so much the shorter. It would have been prudent that no member should stand while addressing the chair; this, too, in standing orders is found to have a most sedative effect.

The first general election is to be held oa a day to be appointed by the Governor, the tecond on the second Wednesday in November, 1878.

Proceedings for the remoral of any Councillor from office are to be taken (section 95 —98) before a Resident Magistrate. '. ... The County Fund consists (section 101) of rates, tolls, Parliamentary grants, moneys payable to the County under the Financial Arrangements Act, 1876, renta of property, fees and Sues, proceeds of leans, subscriptions and voluntary donations, and other moneys the property of the County. Special votes for particular districts are authorised (section 108).

Auditors are appointed by the Governor (section 127), aid the acoounts to be kept under the following heads:—l. The General Account. 2. The Separate Accounts, i.e., accounts for special appropriations, 3. The Special Fund Account, for special loans. 4. The Interest Accounts, for interest on each loan. 5. The Sinking Fund Account. ' The Hop. Mathew Holmes, to the contrary notwithstanding, Counties have power to borrow for special public works, bo that their indebtedness shall not exceed four times the amount which maybe levied by way of general rates in any one year. No condition as to the cos'; cf shearing in the County ia imposed. However, the Council must first publish, for four successive weeks, » notice specifying (1) the particular work proposed; (2) the sum to be borrowed, and (3) any special rate or tolls, &c, proposed to be pledged as security. A notice calls a meeting of ratepayers in each riding, and a general vote is taken upon the proposal. If it is carried by a majority overbalancißg the minority by one-fifth the loan becomes legal. Two Counties may (section 148) join in such a loan. A variety of provisions (sections 158 to 171) secure the repayment of these loans. The Supreme Court has power, when surgical treatment becomes necessary, to appoint a receiver to administer the finances of the County. Bye-laws may be made for regulating debates and conduct of business in Council, and for various matters of detail.

The County is (section 185) to maintain County roads, and the Governor is authorised to order the County to make or maintain any road, bridge, or ferry; or if it refuses, to do 80 at its expense. It may also (section 190} erect, and maintain charitable' institutions, public libraries, museums, &c, make; laws regulating reserves, establish and regulate markets, erect ; and maintain slaughterhouses, pounds, &o. . . Such is the general outline of the new scheme of government, the failure or success of which must be a matter not to be discovered by rerbal criticism* but by actual experiment. This is the machinery under which we now live } the necessary details are found in a vast number of Acts, many of which are still to bo noticed.