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D.—No. 7.

ANALYSES OF PROVINCIAL ACTS AS TO ROAD BOARDS. TOGETHER WITH TABULAR STATEMENT RESPECTING THEIR ESTABLISHMENT AND OPERATION.

Prepared for the information of Select Committee on Road Boards Bill, 1868.

WELLINGTON.

1868.

D.— No. 7

ANALYSES OF PROVINCIAL ACTS AS TO ROAD BOARDS.

PEOVINCE OF AUCKLAND. The first measure passed having relation to this question was introduced by Governor Mtzroy, viz., The Public Koads and Works Ordinance of New Ulster, Which passed 19th April, 1845. It provides for the election of District Commissioners by freeholders and lessees. The boundaries of the districts to be set forth by the majority of electors in a district. The rate to be determined by the electors at a meeting, being an acreage rate. The Commissioners empowered to carry into effect the provisions of the Ordinance. This Ordinance was for a short time in operation in the Province of Auckland. The Highways Act, 1882 (Session XIV.) In 1862 The Highways Act (Session XIV.) was passed by the Provincial Legislature of Auckland. This Act differs essentially from the Ordinance. The districts were to be formed by the Superintendent, the operation of the Act being extended to any district on memorial from the residents. It is clear that the districts ought to be mapped out all over the Province on some uniform system, in accordance with the natural features of the country, and not according to the caprice of owners and occupiers ; but in practice, the Auckland districts have for the most part been defined by the memorialists themselves, the division of the country not having been effected in the Survey Office. It was foreseen from the first that The Highways Act would have to be made compulsory in due time ; but it was made optional at first, for the purpose of obtaining its cordial acceptance by the people. The land is made subject to assessment by way of acreage rate (not exceeding one shilling per acre), or, at the pleasure of the majority of ratepayers, upon the estimated value to sell, the rate not exceeding threepence in the pound. It was admitted at the time that the acreage rate was objectionable in principle, but circumstances were such as to necessitate the granting of the option in order to secure a favourable reception to the Bill. The machinery of the Act, including the provisions for elections, has upon the whole worked well. The Superintendent is authorized to contribute an equal amount to the rate out of any sums appropriated for the purpose by the Provincial Council. Ratepayers have one or more votes, not exceeding five, in proportion to the amount of rate. Attention is invited to section 44 of the Act, which must be read with section 3, under which the bringing the Act into operation in any given district is made optional with the owners and occupiers. The owners and occupiers need not accept the Act unless they please; but if they do, they must work it effectually; in default of this, the Superintendent may work it for them. There is also provision made for the repairing of unintentional neglect on the part of the trustees. whereby the levying of a rate might be rendered unlawful and resisted. The Superintendent may supplement of his own authority, and has often done so at the request of the trustees. I strongly recommend a similar provision in the Act under consideration by the Committee. The Highways Act Amendment Act, 1866 (Session XIX.) By The Highways Act Amendment Act, 1866 (Session XIX.), the Superintendent was empowered to declare The Highways Act in force in certain districts near the City of Auckland, whether the owners or occupiers would or not—a step in advance. It was thought that the time had not yet arrived for rendering tHe Act compulsory over the whole Province. Within such districts the land was made subject to an ad valorem assessment only—another step in advance. I do not recollect an instance of this power being exercised by the Superintendent. The Highways Act, 1866 (Session XX.) By The Highways Act, 1866 (Session XX.), former Acts, including the last, are repealed. The Superintendent obtains power to bring the now Act into operation in any district in the Province. The acreage rate is continued—not to exceed one shilling per acre. The rate upon the value to sell not to exceed three halfpence per pound. The number of votes which may be held by one person is increased from five to six. No trustee is to be interested in contracts.

ANALYSES OF PROVINCIAL ACTS

D.—No. 7,

4

By section 41 the Superintendent is authorized to declare a road a main thoroughfare, and require the same to be formed. This, in my opinion, unduly extends the arbitrary powers of the Superintendent. . . . On the January, 1868, a Select Committee of the Auckland Provincial Council reported that in their opinion, " Any new Bill to amend The Highways Act, 1866, should provide for levying a rate upon the principle of valuation only." This Eeport was adopted by the Council without a division. If I may be permitted to express my own opinion, it is, that improved property should be rated at its net annual value ; and that property unimproved should be rated at per centum on the value to sell. (H c }

PROVINCE OF TARANAKI. Eoads and Bridges Ordinance, 1858. Tins Ordinance relates to both the town of New Plymouth and the country districts of Taranaki, but has been repealed as regards the former by The Town of New Plymouth Public Works Ordinance, 1864.; which latter Ordinance, however, has not received the validation of an Act of the General Assembly. For the purposes of this Ordinance, the Superintendent is authorized to appoint the districts, and to alter, extend, or contract the boundaries of the same from time to time. The roads and other public works within each district, and the expenditure of all moneys which may be raised under the provisions of the Ordinance, are to bo placed under the management of a Board of Eoad Commissioners, elected by general meeting of occupiers or owners of iand withm the district to whom votes are assigned in proportion to the acreage of their ownership or occupation of land, varying from one vote to three, These general meetings of electors determine the amount of rate'which shall not be less than sixpence per acre, and elect two auditors ; but, in default of any o-ene'ral meeting or any valid action thereat, the Superintendent is authorized to appoint both the commissioners and auditors, and the former, as soon as may be after their election or appointment, as the case may be, are to prepare and publish a list of ratepayers, together with the amount of rate leviable. , . , The commissioners may receive an allowance not exceeding ten shillings each for every attendance at meetings of the board during their year of office, provided the whole amount to be so received does not exceed five per cent, on the amount expended under their supervision. Within a month from the general meeting of any district, the commissioners are to prepare and forward to the Superintendent an approximate statement of the manner in which they propose expending the funds at their disposal, which is to be published in the newspapers ; and no expenditure is to be made by the Commissioners until such statement has been approved by the Superintendent. The rates and fines levied within the several districts are received by the Provincial Ireasurer, and disbursed to the commissioners as required from time to time, together with any moneys appropriated for their use by the Superintendent and Provincial Council, which latter must be distributed amongst the districts "in proportion to the gross amount made leviable withm the same " districts respectively for rates by the general meeting next following the commencement of the " period for which such appropriation is made, in aid and augmentation ot the rate, and shall be " applicable accordingly." „ Authority is given to the Superintendent, after public notice, amongst other things, to alter from time to time the minimum rate or rates to be imposed in one or more districts, the number or proportion of electors requisite to constitute a general meeting for any district, and the number ot commissioners to bo appointed, provided such notice has been previously approved by resolution ot the Provincial Council. _ _ . (I<. J.)

PROVINCE OF "WELLINGTON. Public Boards Act, 1865. The Preamble of this Act is in this form:— " Whereas certain local public works and matters may be better managed by boards of the " inhabitants of the respective localities, and it is therefore expedient to encourage the " establishment of such boards : Be it enacted," &c. The Act authorizes the Superintendent to declare, by proclamation, that a Board ot Wardens, consisting of not less than five nor more than eight persons, shall be elected by the voters on the Electoral Eoll of the division or district in which it may be situate, and to pay over to such boards any moneys which may be appropriated by the Provincial Council towards any such works or improvements as the Superintendent may think proper to authorize it to execute. _ . The board, the members of which hold office for two years, may appoint a committee to act lor it on any matter or subject which, in its opinion, would be better managed by a committee ; but the proposed action or proceedings of all such committees to be submitted to the board for approval. This Act was in operation for a short time within the town of Wanganui, but not, so far as can be gathered within other parts of the Province. The provisions, though valuable originally, have practically been superseded by the subsequent legislation establishing road or highway districts throughout the Province.

AS TO ROAD BOARDS.

5

D.—No. 7

An Act to amend and consolidate the Laws relating- to District Highways. (Validated by Provincial Acts Validation Act. 1808, No. 79.) The Superintendent is authorized to divide the Province into districts, as well as to subdivide, alter, or reunite them, subject to six months' notice of the intention to do so, and the several existing boards being first communicated with. The qualification for a vote for the district is, a freehold estate not let for two years and upwards, or a leasehold estate not underlet for two years and upwards (subject to the actual payment of all rates, general or special) ; and the number of votes assigned to each ratepayer is regulated by the extent of his holding : thus, under 200 acres gives one vote ; 200' and upwards, two votes ; and for every additional 500 acres up to 3,000 acres, one vote for each 500 .acres. The first annual meeting is to bo summoned by a Justice of the Peace, on a requisition from five voters, after certain preliminaries, and the meeting first of all shall elect a chairman and then a Board of Wardens of not less than four nor more than six persons; then fix the amount of the rate to be levied severally for the construction, repair, and maintenance of all highways of each district, other than main roads ; and lastly, appoint two auditors, who shall not be members of the board ; and upon a like requisition the Justice may at any time convene a general meeting of the voters after due notice, &c, to do any of the above acts, or to provide for otherwise carrying out the provisions of the Act; and should the board fail to keep the roads in the district in an efficient state of repair, any three ratepayers may summon the chairman before the nearest Bench of Magistrates, who, after hearing the case, may order the requisite repairs to be made without delay; and in case of non-compliance with the order, the Superintendent may withhold any contribution to the board; and the Superintendent may also, in case of the ratepayers of a district neglecting to appoint a board or to impose a rate, cause a repairing rate to be levied and expended not exceeding ninepence per acre. After the first constitution of a district and election of a Board of Wardens, annual meetings of ratepayers are to be held to decide upon the rate or rates for construction, or maintenance and repair, for the ensuing year ; but the rate is not to exceed one shilling an acre for construction, and ninepence for maintenance and repair, and need not necessarily be uniform ; and the board may, if they deem it right and equitable, exonerate, either wholly or in part, any land from such rate. (Clause 16.) At every alternate annual meeting a new Board of Wardens is to be elected, the old members being eligible for re-election ; the number of votes cxercisable by each ratepayer being regulated by the extent of his holding (as before stated). (F. J.)

PROVINCE OF NELSON. The Nelson Country Koads Act, 1856. The Nelson Country Eoads Act, 1858, Amendment Act, 1857. The Nelson Country Koads Act, 1857, Amendment Act, 1883. These Acts provide for the election of a board of five members —three to be a quorum; electors of first board to be on Provincial Electoral Roll —afterwards to be ratepayers ; districts to be proclaimed by the Superintendent, to whom is given the power to nominate a board in ease of failure of the inhabitants of districts to elect one. Board to assess property in district, and levy rate not exceeding twopence in the pound on value to sell. Appeal against assessment to Bench of Magistrates in districts. Funds raised by rate to be employed in repair of trunk roads proclaimed by Superintendent; but Superintendent may'authorize excess to be devoted to district roads. Powers given to board to abate public nuisances. Power to board to make bye-laws. The districts are of very unequal sizes, ranging from about thirty to over one thousand square miles. No fixed' endowment except dog-tax. Hates are supplemented by vote of Provincial Council according to circumstances and necessities of each district. Board has power to levy special rates for construction of bye-roads. Each ratepayer has one vote only. Only one toll-bar in Kelson, close to town (on Waimea Road) ; let, and brings in about £600, which goes to Eoad Board. (0. C.)

PROVINCE OE MARLBOROUGH. The Eoads Ordinance, 1862. The Eoads Ordinance, 1862, Amendment Ordinance, 1867. The latter Ordinance (validated last session by Act of the General Assembly,) repeals certain former Ordinances, and constitutes certain (21) districts for the purposes of the Ordinance. The Superintendent is authorized to appoint a commission to examine and classify into five classes all private lands in the Province, and from their report is to be prepared (by persons appointed by the Superintendent,) a list of persons qualified to vote and take part in a general meeting of the inhabitants 2

ANALYSES OP PROVINCIAL ACTS

D.—No. 7

6

of the district, previous to any rate being levied ; and upon a meeting of persons who have actually paid the first rate being called by the Superintendent, they are to elect five members to be a board for the dlStTn case the ratepayers neglect to appoint a board, or fill up vacancies, &c the Superintendent, after calling a second meeting for the purpose, which shall also fail to do so, is authorized to appoint a b°ar ilrannua/ratemay be levied by the several boards according to the value of the different classes of land from one penny up to four shillings and twopence per acre. . The ratepayers at every election subsequent to the first shall have votes according to their assessment but no person more than three votes. , The Superintendent may commit to the board the expenditure of any moneys appropriated by the Provincial Council to the construction and maintenance of roads, bridges, &c, within the district, and direct the manner and purposes of such expenditure. Collectors and treasurers are required to give security. _ ». The boards are, first of all, out of the moneys received by them, to make, maintain, and repair certain main roads (specified in Act), so far as they pass through the several districts ; and after those roads shall have been made, and in a proper state of repair (to the satisfaction of Superintendent), to make maintain, and repair the other roads within such district. _ Moneys voted by the Council in aid of road districts are to be paid only to such as have levied rates. Steps have recently been taken to put this Ordinance into operation, but as yet no report has been received from the Commissioners appointed by the Superintendent to carry out the classification of the lands of the Province, which is the first preliminary.

PROVINCE OF CANTERBURY. The Roads Ordinance, 1884. TnniTY Eoad Districts and Eoad Boards are constituted by The Boads Ordinance, 1864, eacli with five members; the districts being not at all conterminous with the electoral districts. The Superintendent is authorized to appoint an auditor, and the Board of Works to appoint treasurers collectors, assessors, and other persons required to carry the Ordinance into operation. The board has control of all public roads, drains, watercourses, streams, &c, and is authorized to Clausr^t To Vl°and of the Act quoted, provide for the preparation of a Ratepayers' Eoll from amongst the holders of property in the district; the appointment by the Superintendent of assessors to assess the value of the rateable property on the roll; the publication of such roll and its revision by commissioners specially appointed for that purpose. Clauses 28 and 30 authorize board to levy rates, not exceeding one shilling in the pound on the net annual value of the property rated-that is, upon the annual rent at which the same might reasonably be expected to let, if leased for a period not exceeding seven years; and the 29th authorizes special local rates for execution of any work of special local benefit to any particular locality, such rate to be called and treated as a special local rate, and not to exceed two shillings in the pound on annual ValU ThePpe?s eon y s Eoll have (by clause 38) votes in proportion to the assessed value of their property: , , If liable to be rated in respect to property ot net annual value not exceeding £25 } xoteExceeding £25 and not exceeding £50 ... ■ • • * votesExceeding £50 and not exceeding £100 ... ... d votes. Exceeding £100 and not exceeding £200 ... •••,,,,•••■, ■ % f - ? Clause 39 provides that the Chairman of Board, if present, shall bo chairman of meeting ot rat6' PCku^ *c ratepayers present at annual meeting, or otherwise, shall elect members to vacancies, and that special meetings of ratepayers may be called by chairman on requisition, signed by ratepayers representing not less than one-tenth of all the votes the whole body of ratepayers are approval of the Superintendent, any District Board may erect toll-gates, &c, and imP°Clause Ss 60 SffltSi. Superintendent to appoint a Commission to carry out the provisions of Ordinance within any district, if ratepayers refuse or neglect to elect a board. The Eoads Ordinance Amendment Ordinance, 1866. The Eoads Ordinance Amendment Ordinance, 1866, alters slightly the provisions of the Act of 1864 as to revision of Ratepayers' Roll; authorizes the Road Board to prohibit the straying of horses cattle, sheep and pigs, on the public highways of district; and also to clear natural water-courses, and to require go'rse hedges along highways to be cut. The Sheep Rating Ordinance, 1866. The Sheep Eating Ordinance, 1866, declares that all sheep within the Province shall be liable to be rated on a certain net annual value, and requires returns of sheep depastured within each district to be prepared for the purposes of the Act. This Ordinance has been acted upon throughout the Province since the date when it received the Governor's assent.

AS TO ROAD BOARDS.

7

D.—No. 7.

PROVINCE OF OTAGO. The Roads Ordinance, 1865. The Roads Ordinance, 1865, Extension and Amendment Ordinance, 1866. By these Ordinances, the Superintendent and his Executive constitute a General Eoad Board, entrusted with the management, direction, and control of all public roads within the Province ; also, with the care and direction of the expenditure of all rates and funds raised, collected, or appropriated for the purposes of the Ordinance; and also with control over all the local boards constituted under the Ordinance, and over the officers of these boards. General Eoad Boards to classify roads into main, main district, and district roads : classification may be altered. In month of Juno in each year board of five members to be elected by ratepayers; state of vote determined by a show of hands ; declaration of chairman final, unless a poll is demanded, in which case ratepayers to vote according to scale in respect to property: — JN ot exceeding the nett annual value of £50 ... ... ... 1 vote. Exceeding £50 not exceeding £100 ... ... ... ... 2 votes. Exceeding £100 not exceeding £150 ... ... ... ... 3 „ Exceeding £150 not exceeding £200 ... ... ... ... 4 „ Exceeding £200 ... ... ... ... ... ... 5 „ One yearly rate may be levied, in addition to which there may bo special rates for separate and •distinct parts of any district. Eates and special rates respectively not to exceed one shilling per acre in any one year; but with consent of two-thirds of the ratepayers, general or special rates may be increased to any amount beyond one shilling per acre. 'When rates are assessed on the annual value there is no maximum fixed. "With consent of the General Board assessment may be made on the annual value of property ; when this course has once been adopted, all future rates must be levied on the annual value. The local boards have no fixed endowment; they may, with consent of the General Board, accept loans on the security of the assessment for making, maintaining, or improving any road or roads. Moneys may be voted in aid of any district, but must be expended under the supervision of the General Eoad Board. The rates levied have generally been one shilling per acre, although in some cases they have been as low as threepence. During the last two years the Provincial Government have subsidized the districts at the rate of £2 to £1 raised by the district. This has been a great inducement to the boards to levy assessments, in some cases unnecessarily, with the view to secure a share of the Provincial revenue so long as this scheme continues, as most of the settlers are under the impression that it cannot be maintained for any length of time. The result has been that a considerable amount of revenue has been collected, and generally judiciously expended in road making and other improvements of a permanent nature. The powers conferred on the Boards under the Otago Eoads Ordinances are not considered sufficient, and at the last session of the Provincial Council a Select Committee was appointed to consider those Ordinances with a view to their amendment. The report of the Committee, which was unanimously adopted by the Council, is hereto annexed. [D. E.]

EEPOBT OF COMMITTEE OF OTAGO PEOVINCIAL COUNCIL (Session 24). \Ahove referred /o.] IV.—Roads Ordinances (Final). (Brought tjp by Mb. Mclndoe, 3rd June, 1868.) Tour Committee have been engaged in the preparation of a Bill embracing the alterations they consider necessary in the " Eoads Ordinance, 1865," but find that, as the Session is near a close, they will not be able to have the Bill sufficiently matured to be submitted for the consideration of the Council this Session, and therefore recommend the following resolutions : — 1. That the present system of Local Boards bo abolished, and that Eoad Trusts comprising large areas be substituted; such Eoad Trusts to be incorporated and to have, inter alia, the following incidents, viz., —Permanency of tenure of members, power of taxation upon annual rental of property, powers of closing and opening roads; making bye-laws and regulations, with a penalty for breach thereof not exceeding £50; and all other necessary powers and privileges. 2. That each road district shall bo divided into wards for the purpose of representation only, and that the boundaries of the trusts and wards be defined and fixed by Ordinance of the Provincial Council. 3. That each road district should receive, as an endowment, waste lands of the Crown in proportion of one-tenth of the acreage contained within the limits of the district; and where the whole .land within the district has been sold, scrip to the extent of £1 for every ten acres of land in the district shall be issued by the Superintendent —such scrip to be available in the purchase of unsold lands in the Province. 4: That His Honor the Superintendent be requested to have a Bill prepared and submitted to the General Assembly at its next Session, enabling this Provincial Council to endow Eoad Trusts out of the waste lands of the Crown, as specified in the third of the above resolutions.

D.—No. 7,

The Eoads Ordinance, 1882. This Ordinance divides the Province into districts, or rather authorizes the Superintendent to proclaim, define, and establish a road district whenever it shall appear to him that a population of not less than two hundred person! reside within a certain range of country, not being less than ten thousand acres in area; or whenever a majority of its inhabitants residing therein shall petition for the constitution of the same into a road district, and upon a resolution of the Provincial Council duly passed to that effect, to abolish or alter the boundaries of any such district. Five road trustees are to be elected at a meeting of ratepayers, to be convened by the Superintendent, for each district, who shall continue in office for two years ; but if the ratepayers fail to meet and elect the trustees, then the Superintendent is to appoint three persons to act as such until the Ist of January' following, when another meeting and an election by the ratepayers is to take place. The trustees of every district have charge and control over all the highways, roads, pathways,, bridges, &c, and all rivers, watercourses, ditches, &c, not being private property; but the Superintendent mar except any such roads, &c, from their management and control ; and the Provincial Engineer is to approve ail plans, specifications, &c, of works proposed to be undertaken m each district; and such works may be executed under his supervision, or by authority of the Superintendent upon his receiving a resolution from the Provincial Council to that effect. The trustees are to estimate their probable expenditure for each year, and levy a rate upon all lauds in the district according to an assessment to be made by the treasurer of their annual value to Jet, which rate shall not exceed one shilling in the pound in any one year, unless a greater rate^ is assented to by three-fifths of the ratepayers. .Special rates may also be levied in any particular locality for the execution of any work for its special benefit, and loans also may be accepted by the trustees on security of the rates. The Provincial Treasurer is empowered to pay over to the treasurer of any district, out of any moneys voted for road purposes by the Provincial Council, " a sum which shall bear the same " proportion to the sum raised by assessment within such district as the annual value to let of the waste " lands of the Crown (not being land reserved from rate by the Governor or Superintendent) shall bear " to the annual value to let of all lauds within such district liable to be assessed, to be applied by such " trustees to the formation, repair, &c, of the roads, &c, of the district." ■The Road Ordinance, 1882, Amendment Ordinance, 1887, however as validated by Act of General Assembly last year, repeals the 29th, 30th, 32nd, and 38th sections'of the above Ordinance, which provided that the rate should be levied upon the annual value to let, and substituted in lieu thereof a uniform- acreage rate upon all lands, which shall not exceed the sum of twopence per acre, unless upon the consent in writing of ratepayers holding not less than twothirds of the entire assessed acreage of the district. Any aid given from the Provincial Treasury to any district shall be to the sum raised by rate m the same proportion as the acreage of unsold or unreserved waste lands within the district bears to the total acreage of the land therein liable to be assessed. ■ , _ ~ There is another Ordinance (which, however, has not been validated by Act of the General Assembly) entitled The Local Improvement Ordinance, 1868, intended to apply to towns or portions of the Province not included in any district constituted under the provisions' of The Itoads Ordinance, 1862, by which, when a majority of the persons occupying property liable to be rated represent to the Superintendent their willingness to be specially rated for any public work, or the improvement of any road, street, or thoroughfare, he is empowered to cause an estimate to be formed of the cost of such improvement, and then to cause an equitable rate to be levied upon all real property benefited thereby. L±. j.j

8

ANALYSES OF PROVINCIAL ACTS AS TO EOAD BOARDS. PEOVINCE OE SOUTHLAND.

D.—No. 7.

TABULAR STATEMENT OF PARTICULARS RELATING TO THE ESTABLISHMENT AND OPERATION OF ROAD BOARDS THROUGHOUT NEW ZEALAND.

PEOTINCE. Act or Ordinance establishing Highway or Road Districts. Number and Average Area of Districts (in Acres). Mode of Bating (acreage or otherwise) and Average Amount of Rate. Amount raised by Eate during year ending 31st December, 1367, in each Province (excluding principal Municipalities.) Amount of Endowments or Contributions (if any) to Eoad Districts. Amount raised from Toll Bars, &e. (if any). Cost of Management in each Province, for year ending 31st December, 1867. Mode of Election of Board, Wardens, or Trustees. Number of Board, Wardens, &c, as fixed by Ordinance. Powers of Boards, and if they include construction and repairs of Main Eoads. If any original Districts nave amalgamated. EEMAEKS. Auckland 1 Highways Act, 1867," (repealing former Acts) validated by Act of General Assembly, (Session of 1867) Average of 18 districts returned is above 17,000 acres. They vary in size from 700 to 55,000 acres. There are no less than 106 legally constituted districts, but of this number in only 37 apparently has any action ensued on the part of the settlers Number of districts, 21. Total area, 86,838 On acreage. Must not exceed Is. an acre. With consent of majority of ratepayers rate may be on the value to sell. By the Act of 1862 not to exceed 3d. in the pound, but now, by the Act of 1867, reduced to lid. The rates actually levied during the year, in 17 districts returned, have varied from Id. to (in one instance) 9d. per' acre; they were 3d. generally. Amount raised in 17 districts, £3,092 2s. 2d. No Municipalities in Province, unless it be the Town Board of City of Auckland For the 18 districts returned, the sum stated as received from the Government during the year ending December, 1867, 1* but £64 —from other sources, £368. Total receipts, £2,843- Total expenditure, £2,590. A sum equal to rates levied may be and has, until lately, generally been contributed from provincial funds. Lands may be appropriated for the purpose where money cannot be given ]STet Amount raised from 3 toll bar3 (on main roads) applied to repair and maintenance of same by Provincial (government Management expenses in some cases amount to J of the rates. In Mangere, the model district of the Province, no outlay of this nature is incurred (it is believed). For the year 1867, and the 18 districts which have sent in Eeturns, the outlay on salaries, &c, is stated to have been £312 By votes of owners and occupiers, in proportion to property rated, who fix rates and prepare assessment lists, (6 votes the maximum) Five Highway Trustees Highway trustees may have charge given them by Superintendent of other works and expenditure in district, and receive contributions for same, and they may berequired by Superintendent, who has power to declare roads to be main thoroughfares, to clear, open, and form such roads No. The tendency of things is the other way— that is, to split up By " The Weeds and Watercourses Act, 1866," the District Highway trustees are to enforce the provisions of that Act, as regards roads, &c, under their charge, and by clause 42 of " The Highways Act, 1867," the powers of the Superintendent, under " The Thistle Act, 1858," may be delegated to them. They may also, by "The Education Act, 1868," impose rates for purposes of Education. In the last session of the Provincial Council, upon the report of a Select Committee, it was resolved (without a division) that any new Bill to amend "The Highways Act, 1867," should provide for levying a rate upon the principle of valuation only. ' Eoads and Bridges Act, 1858," (validated by Act of General Assembly, Session of 1867) On acreage. Eates vary from 3d. to 9d £325. From other sources, £32 5s. 2id. £14 19s. lOd. Expenses of management restricted by Ordinance to 5 per cent, on the total revenue received, and in most cases that limit is not reached By occupiers and owners, (3 votes the maximum) Three (termed Eoad Commissioners) Main roads included The total revenue of the Taranaki Boards, from all sources, was £2,259 6s. 5}d., of which there was expended on main roads £343 12s., upon district roads £1,481 15s. 10id., and upon salaries and other expenses of management £14 19s. lOd. • The Town of New Plymouth has raised, by rates at 2d. in the pound during the year, and expended, £700. £1,897 Is. 3d. including Town of New Plymouth Nil Taeanaki WELLINGTON... " An Act to amend and consolidate the laws relating to District Highways, 1867," (validated by Act of General Assembly, Session of 1867) 42 (excluding the Towns of Wellington and Wanganui, which are each working under special Act) having an average area of about 16,000 acres. On acreage, bvit not necessarily a uniform rate. Must not exceed Is. for construction, and 9d. for maintenance and repairs ; and Board of Wardens may exonerate, either wholly or in part, any land from such rate. (Section 16, "District Highways Act, 1867.") £5,098 3s. 6d. (for year ending 31 March, 1867) £8,698 18s. 7d. (for year ending 31 March, 18C8) One toll bar: proceeds from it, £1,851; expenses, — £170; balance, £1681, paid into Provincial Treasury Total outlay for salaries, supervision of works, collection of rates, and clerical assistance, does not exceed £300 per annum, in addition to the salary of one Provincial Engineer, whose time is devoted to the work of District Boards. The Town Boards of Wellington and Wanganui expend together £500, in addition to above £300 By votes of ratepayers in proportion to number of acres assessed, (7 votes, the maximum) Not more than six nor less than four District roads only ... No. The tendency is to divide " The Public Boards Act, 1856," authorizing the Superintendent to establish in any district, boards for the execution of local public works, is still on the Provincial Statute Book, but has not, apparently, been acted upon, except for a short time in the Town of Wanganui. The expenditure on repairs of main roads in the Province during year ending 31st March, 1808, appears to have amounted to £4,534 14s. 4d. The total cost, to same date, of District Eoads, was £82,927—of which was raised by rates, £26,647; and contributed from Eevenue, £56,280. The average cost per mile of Eoad made, was £356, exclusive of salary of Provincial Engineer. Nelson "Country Eoads Act, 1856," "Country Eoads Amendment Acts, 1858 and 1863," (validated by Act of General Assembly, Session of 1867) Number of districts, 9: area from 19,200 to 640,000 On value to sell. Eates vary from |d. to lid. per pound of valuation. Special rates vary from id. to 3d. £2,750 5s. 5d. Endowed with proceeds of dog tax, amounting last year to £257 14s. Eates always supplemented by votes from Provincial Council. (See Eemarks) One toll bar ; proceeds, — £77412s. 5d., applied to maintenance of Trunk Waimea Eoad £524 4s. By the ratepayers, who have none more than a single vote Five To levy rates not exceeding 2d. per £ 1 for making and maintaining roads proclaimedas Trunk Eoads, and other roads; also special rates for repairs of bye-roads; to abate nuisances, &c. The 4 old Waimea districts have been combined into one, and now comprise an area of about 40,000 acres The value of property in the Province of Nelson, (as rated for road purposes,) has been recently returned as amounting to £884,409 5s. 6d. The various road boards appear to have received from Provincial Government £4,333 12s. 10d., and from other sources £301 18s. OJd., during the year ending December 31, 1867, besides the rates. acres MaelbobOTOH "Act to provide for the making and maintaining of Eoads, 1867" (validated by Act of General Assembly, Session of 1867) Number of districts constituted, 21: area of each, 141,857 Eates authorized from Id. to 4s. 2d. per acre, according to classification of land rated No rates as yet levied No fixed subsidy, but any appropriations made by Provincial Council to be handed over for expenditure by the Boards Nil By ratepayers (after first election) in proportion to assessment. Maximum of votes, 3 By votes of holders of pro: perty on revised Batepayers Eoll, in proportion to property assessed. Maximum of votes by one person —5 Fire Wo district boards formed as yet The Act of 1867 can hardly be said to be in practical operation. No reports, as yet, nave been received from the commissioners appointed by Superintendent to classify the lands. Cantebbtjry ... On annual value of property to let, if leased for not exceeding 7 years. Sheep are rated on a certain net annual value per 1000 (£70). I £3,676 lls.lOd. from 11 districts, rating from 6d. to 9d. in the £1 £34,973 12s. Id. during year ending 31 December, 1867 Nil £4,194 4s. 9d. The Provincial Government does not furnish any professional assistance to the District Boards, and, gonerally, each has its own Surveyor or Engineer, and Clerk Five May levy special rates for special purposes, or for portions of District, up to 2s. in the £1 on the property included ; but ordinary general rates must not exceed Is. in the £1. Main roads not excluded. (See Bemarks.) Board can prohibit straying of horses, cattle, &c, on roads, and require watercourses to bo cleared, and gorse hedges along highways to be cut, by owners and occupiers of land contiguous thereto. Eesolutions of Provincial Council in 1864, provided for a contribution to each district in something like a definite proportion to the land fund realized from it; but the payments heretofore made have, from various causes, not corresponded to that intention. . "EoadsOrdinance, 1864." "Eoads Ordinance Amendment Ordinance, 1866." " Sheep-Eating Ordinance, 1866." "Sheep-Eat-ing Ordinance, 1866, Amendment Ordinance, 1867." (Validated by Act of General Assembly, Session of 1867) Number of districts defined: 30. Average area, 310,424 acres. 28 returned comprise— 8,691,857 acres Annual value of rateable property in the 28 districts (exclusive of Waipara) stated at £371,795 £8,922 12b. 9d. (for year ending 31 March, 1868) The expenditure on Main Roads during the year 1867 was apparently, on Main Eoads, £16,552 16s., and on District Eoads, £13,30612s. 3d., besides cost of management Ota&o " Otago Eoads Ordinance, 1865." " Otago Eoads Ordinance, 1865, Extension and Amendment Ordinance, 1866." (Validated by Act of General Assembly, Session of 1867) Number of districts : 107. Average area, 2,500 acres. Number of districts which have rated: 64. Area of ditto, 339,215 Acreage. Eates have varied from 3d. to Is. per acre; but either general or special rates may be increased (with consent of twothirds of ratepayers) beyond Is. Eates on the annual value however, may be, and have been, adopted (with consent of General Eoad Board), and then no maximum is laid, down. They £17,84'?) (which includes certain small Municipalities), being in the proportion of two to one of rates. Of the above amount, £11,596 18s. 3d. only is the sum actually paid within the year; but the balance would, it is understood, be available on application to Provincial 13, en main roads Estimated revenue for year ending 31 March, 1869, £12,000; cost of cclleetion, £1,100. Proceeds of tolls paid into Provincial Treasury Districts have no Engineer or other professional officer beyond those of the Provincial Government or General Eoad Board, whose Inspector supervises, generally, the work of the District Boards. In the 64 Districts which rated themselves in year 1867-8, the total amount expended in salaries and management was £486. In 40 of these Districts the work was all done gratuitously, and the average in the other 24 was only about £8 each, the highest being £60 By ratepayers, having votes, according to net annual property rated, from one vote to five Five May levy yearly rate, and also special rates for particular portions of District. May borrow (with consent of G-eneral Eoad Board) on security of rates, for making or maintain - ing, or improving No. The tendency is the other way A General Eoad Board exists in Otago, under whose supervision are all public roads, and the expenditure on them, as well as management. This Board classifies roads into Main, Main District, and District Eoads, and may re-class them. At the last Session of the Provincial Council, it was proposed to apply to the Assembly to grant greater powers and larger areas to the Districts, and to endow others with Waste 2d. in the £1 to Is. 6d. The majority were Is. IP" juanos oi tnc tjrown, m certain proportions, and under certain conditions. Eegulations for Supplementing Local Eoad Boards, &o., appeared in the Otago Government Gazette, of 6th February, 1867. On acreage. Eate not to exceed 2d. per acre, unless with consent of ratepayers holding twothirds of the whole assessed area of district | No fixed endowment, but the expenditure of any money roted Sy the Provincial Council is provided for by the Ordinance Nil Five Southland ... " Southland Eoads Ordinance, 1862," "Tolls Ordinance, 1866," "Eoads Ordinance 1862 Amendment Ordinance, 1867," (validated by Act of the Genera] Assembly, Session of 1867) 10,900 (Oturewa, the only existing district apparently) By ratepayers. (Number of votes not prescribed) Includes all roads, &c. Trustees (for the single district) elected 21st March, 1864, but no return of their proceedings (if any) seems obtainable. The practice hitherto in Southland with regard to roads and road improvements, has been for the inhabitants concerned in any particular work or improvement to agree to subscribe amongst themselves for its execution, and after inspection of the ground and valuation of the cost by the Provincial Engineer, to receive from the Provincial Treasury a contribution towards it of about one-half the amount. Westland ... " County of WeBtland Act, 1867," and Orders in Council under the same 5 Eoad Districts, viz., — Grey, Arahura, Totara, Okarita, Kaneri; tlie 5 districts comprising together the whole area of the County, or about 2,500,000 acres Eegulations for the levying and collection of rates on assessed value by four of the five Eoad Boards, made by Order in Council in New Zealand Gazette of June 8th, 1868. —No general or special rate in any one year to exceed Is. on the assessed value No rates as yet levied by Eoad Boards Eecoive surplus revenue of the County, which is divided between the several Eoad Boards and Municipalities, not in fixed sums but in certain fixed proportions regulated according to the apparent wants of the locality. They also receive a fixed proportion (at present 75 per cent.) of the land sales ; but in future, as the Council intends itself to undertake the care of main roads, the proportion given will probably be reduced to 40 or 50 per cent, of the sales Elected by persons qualified to vote for Members of the County Council, and holders of Miners' Eights and Business LiFive Boards have power to levy rates for general purposes, and special rates for special purposes Orders in Council of the 8th January and the 4th July established the several Westland Eoad Boards. The two Municipalities of Hokitika and Greymouth are under " The Municipal Corporations Act, 1867." ■ censes le Province of ! iwke's Bay having no Eoad Districts or Eoad Bates has been omitted from the ibove Statement.

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Bibliographic details

ANALYSES OF PROVINCIAL ACTS AS TO ROAD BOARDS. TOGETHER WITH TABULAR STATEMENT RESPECTING THEIR ESTABLISHMENT AND OPERATION., Appendix to the Journals of the House of Representatives, 1868 Session I, D-07

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ANALYSES OF PROVINCIAL ACTS AS TO ROAD BOARDS. TOGETHER WITH TABULAR STATEMENT RESPECTING THEIR ESTABLISHMENT AND OPERATION. Appendix to the Journals of the House of Representatives, 1868 Session I, D-07

ANALYSES OF PROVINCIAL ACTS AS TO ROAD BOARDS. TOGETHER WITH TABULAR STATEMENT RESPECTING THEIR ESTABLISHMENT AND OPERATION. Appendix to the Journals of the House of Representatives, 1868 Session I, D-07