DISTRICT HIGHWAYS ACT.

Wellington Independent, Volume XXV, Issue 3086, 17 December 1870, Page 2

DISTRICT HIGHWAYS ACT.

♦ TO THE EDITOB OF THB INDEPENDENT, Sib, — The subjoined is extracted from Viator* letter in the Independent of the Bth December. — " I think the "Road Boards have allowed themselves to be unnecesarily by the clause insetted in the Validation Act, which is assumed to stop the operations by limiting them to a rate which, will not enable them to carry out their functions. The Legislative Council, it seems to me, have committed a blunder which defeats the intention of the honorable member who introduced theclause. The clause says: — "Notwithstanding anything to the contrary in the Wellington District Highways Act, no rate which any Highway Board under the said act may hereafter malce shall exceed, &c,, &c." Now the Wellington Acfc 1867 does not enable Highway Boards to make rates ; they have no power to do it, and they never do do it. The annual meeting of ratepayers makes the rate— the Board only levies it and spends it. What is there in the late , act of the Assembly to prevent an annual meeting of ratepayers from making what rate they please ? . and when they have made it, what is to prevent the Board from levying it and spending it ? It seems to me that the clause is simply inoperative, and that whatever rates could be made before can be made now " Let some Road District try the question and settle the matter by the decision in the Supreme Court. I can easily done m the form of a special , case, and possibly in time to prevent inconvenience. If otherwise, my advice to the Eoad Boards is to go on just as if the act had not been passed." The Greytown Board summoned a ratepayer under the belief that the ratepayers at theirannual meeting made the rate. The case was heard at Feather ston on the 30th November. The decision was that the ratepayers do not make the rate. Mr Hart appeared and' maintained this opinion. It was adopted by the bench, occupied by Messrs Wardell, Carkeek, John Russell and Barton. The collector obtained fourteen days during which the Board might be called together and legal advice obtained. The following is the legal advice. " The rate to be declared must be a lump sum for the whole district, but the Board may afterwards divide this lump sum between the several subdivisions of the district and must assess the lands in the subdivisions so as to raise the amount allotted to each. He regards the two proceedings as together , necessary to constitute the making of the rate, and therefore it would nob be safe to appeal." The Board met in Greytown on the- 7th November and with this advice before them and being without funds determined not to take advantage of the power to appeal on the 14th December — or this day. Calling to mind how often the ablest of the judges differ in opinion, in open court in England, I suppose I shall not be considered recklessly bold in stating I am completely one with Viator in opinion.— Yours, &c,— Samuel Rbvans, Chairman, Greytown Road Board. Woodside, 14th December, 1870.