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Taranaki Herald, Volume III, Issue 120, 15 November 1854, Page 2

The Provincial Council met yesterday for the despatch of business, and conformably with the promise made by hia Honor the Superintendent in his address on the opening of the session, several important measnres were brought down. The short space that intervenes between the sitting of the Council and our publication, prevents our furnishing any detailed statement of all the Bills at preßent.but we will do so before the more important of them reach the stage of committee.

The Bills were six in number and as follow. (1) Public works. (2) Fines fees &c. to provincial purposes. (3) Provincial Government Offices. (4) Ferries. (5) Ordinance Interpretation. (9) Census,

A BUI to provide for the maintenance of Public works within the province, is, perhaps, of the measures at present before the Council, the one most calculated to claim attention, and we shall attempt a brief outline of its provisions, which are from the nature of the matters it is intended to regulate, necessarily voluminous. The preamble of the bill recites an Ordinance of the Legislative Council of New Zealand, Session 5, empowering owners and occupiers of land within certain districts to repair and maintain Highways and Public Works; and that it is expedient to repeal it so far as regards the Province of New Plymouth,

and proceeds to repeal the same and to empower the Superintendent, with the consent of the Council, by notice in the Provincial Gazette, to constitute distiicls within which the provisions of this Ordinance shall be enforced, and from time to time contract or alter the same. Section 3 provides that the Town of New Plymouth according to its limits for the time being be a separate district. Section 4 enacts that all moneys raised under the piovisionsof this ordinance shall bo expended under the management of commissioners elected by the occupiers or owners of land within the several districts. Every owner or occupier of lands in the *ural districts (exceeding 10 actes), being a male, and having attained the age of 21 years shall be entitled to take p,nt in the proceedings of General meetings for the district ; and every person whose name shall be on the electoral roll, and entitled to vote in the election of members of the Provincial Council for the Town of New Plymouth shall bo entitled to vote at the General meetings for the Town district. The 7th section empowers the Superintendent to appoint the day and place for general meetings in the several district?, the first to be convened in December in the present year, and afterwards in July in every succeeding year. There are several clauses regulating the proceedings at General meetings - the election of chairman and recording votes. The 13th section enacts that it shall be competent to a general meeting to determine in the first place whether any rate shall Le levied, and the amount, an uniform sum per acre on all lands within the district being in every case imposed ; except that within the Town district the rate shall be assessed on the value of the lands, exclusive of all buildings and improvements. In the event of a rate being carried, or there shall be other money applicable to the purposes of the Ordinance within thejdistrict, the meeting shall proceed to elect three commissioners from amongst the electors of the|disirict, to he styled Commissioners of Public Works for the particular district for which they may be elected, and shall continue in office until the next election of commissioneis for the district; and shall not be disqualified from immediate re-election. It is al»o provided that the members of the Provincial Council for the Town of New Plymouth shall be standing members of the Board of commissioners in addition to the thrae commissioners to be elected. The commissioneis shall as soon as conveniently after any General Meeting cause a statement to be posted within the district setting forth the amount of rate to be levied, with a list of the names of the persons liable for the payment thereof, within each district respectively, which lists shall also contain the sum pnyab'e by each of such persons, and setting forth the quantity of land In the rural districts, and the estimated value in the Town districts, in respect whereof each rate payer is ! liable ; and to every such statement there shall he subjoined a notice for the hearing I and determining all objections. The rates, are to be paid by the occupiers for the time j being of the lands rateable, or in case theie shall be no occupier, then by the owner, to the Treasurer of the Province, and may be recovered before any Justice of the Peace within the distiict, and may be levied by distress and sale of any goods and chattels found on the land at any time within 12 months. Rates left unpaid for two months shall be doubled, and if so left for four months, shall be trebled the amount ; and if any rate shall be in arre ar and unpaid for 6 calendar months the land or so much thereof as shall be necessary, may be sold to satisfy the same, but no such sale shall take place unless previous notice shall have been , twice given in the Government Gazette of the Province : the first being not less than two calendar months, the second not less than 15 days, nor more than one month from the dale of the first notice. The commissioners are empowered to construct and maintain roads, streets," causeways, bridges, landing places, jetties, sea-walls, drains, culverts, sewers, and to contract for the same subservient to their respective districts.

Licenses under the Town Pasturage Ordinance are exempted from rates levied under this Ordinance. The Boards of commissioners are empowered to make a rent charge for encroachments to be applicable in like manner as rates, and it is provided that all moneys arising under this Ordinance ■ shall be disbursed to the Boards of commissioners by the Provincial Treasurer under warrant from the Superintendent, and shall 1 not be otherwise applied than in defraying the necessary expenses incurred by them in the exercise of their powers under its pro1 visions. ■ The 24th clause declares that all moneys appropriated by any ordinance of

oSomr -it Xi ... mi. • t* iniT-u m ~w V *<T'<-<~ the Superintendent and Provincial Council to the construction and maintenance of roads or public work", other than moneys specifically appropriated to particular roads or public works, shall, unless the contrary he declared or implied by tbe ordinance appropiiating the same, be distributed among the several districts in proportion to the gross amounts of the rates actually raised and paid therein during the year preceding. Power is also given to the commissioners in the Rural districts to construct ditches, drains, watercourses, &c. upon lands adjoining public roads, compensating the ovvneis and occupiers for any damage sustained, and a provision for the arbitration of all such cases is made; but, it shall not be lawful to pull down or interfere with any house or other building, or make use of any garden or orchard without the consent of the owner, and occupier if any. There is also a clause against obstructing, destroying, or interfering with any such ditches, drains, &c. ; for indemnifying the expenses incurred, and inflicting a penalty ; and also one providing for the clearing of any obstructions by reason of timber from adjacent lands on to any public road. Several of the remaining clauses of the Ordinance refer principally'to the regulations to be observed by the Boards of Commissioners in relation to their meetings, proceedings, and accounts. And by the 40th clause, no land belonging to the Crown, or held in trust for the public uses of the province, or belonging to or occupied by any of the aboriginal inhabitants of the colony aa the common property of a tribe or community, shall he liable to be rated under its provisions.

It will be seen that the principle of this Bill is simply the construction of a system by which the inhabitants of the Province may be enabled to improve their respective distiicts; that it involves no general imposition of taxation, and that each district uill be guided by its necessities and tbe concurrence of the majoiity of the land holders as regaids both the amount and the application of the funds to be raised ; and lays down regulations to insure the effectual expenditure of the money collected. We are obliged to postpone our report of the proceedings of the Council until our next. The Hills enumerated at the com mciifemerit of thii- ailicle were all read a first time, and the Provincial Treasurer gave notice that he would at the next sitting move the 2nd reading and comrriiltal of the Fees bill, and the second reading of the Public Works Bill ; and ptoceed with the others as the convenience of the Council might suit. Mr. Blaschke gave notice that lie would inquire of the Provincial Trea surer at the next sitting whether it wns the intention of his Honor to introduce a Fencing Bill. The enquiry was immediately answered in the affirmative. Mr". Farria gave notice that he should at the next sitting move for information respecting the Iron Sand on the beach, in reference to some correspondence which had been recently made public ; also respecting the aale^s of land in the Waiwakaiho block previous to a perfect settlement of the purchase of that district ; and also in relation to Ihe erection of a Public Pound. The Provincial Treasurer acquainted the Council that tho Superintendent regretted he bad not been able to send down an appropriation bill; one had been prepared long since but, a dispatch from the General Government re« during the two thirds of revenue previously ap> plied for provincial purposes to onchalf had rendered alteration necessary. A second bill had been prepared, but by the last mail another dis* patch giving the diminution 3 months retronprci tivc operation would render new alterations impirativc His Honor hoped to have a new bill ready by the next 6ilting of the Council. The Council adjourned at 1 o'clock until 11 o'clock on Tuesday next the 2lst inst.