The Akaroa Mail, TUESDAY, NOVEMBER 7, 1882. "THE COUNTIES ACT AMENDMENT ACT."

Akaroa Mail and Banks Peninsula Advertiser, Volume VII, Issue 659, 7 November 1882, Page 2

The Akaroa Mail, TUESDAY, NOVEMBER 7, 1882. "THE COUNTIES ACT AMENDMENT ACT."

Had " The Counties Act" been amended as at present when certain members of our Road Boards, not very long ago, declared their iatencion of ; ' abolishing the Coun y Council," the dccl iration would have borne a V'Ty different complexion from that it then wore, for the Amen lme-nt Act provides that if three-fifths of the electors in a County present a petition to the. Governor, a proclamation is issued declaring that the whole of the Act is no longer in operation in that Oountv, or, to quote the Act, "is thereupon placed in the same position as if the whole of the Act had never been brought into force."

It will be seen, therefore, that the Act is one worthy the study of our local

self-governor?, for, b^ r,l es the above, it contains many new provisions, which we propose to briefly review in this article.

The Act comes into force ou the Ist of January next, with the exception of some special section?, which became law immeuialely the x -ct passed Parliament. After the titie and interpretation chases comps a provision regarding petitions. This provides that if petitions signed by threp-fii'tlis of the County electors, if -till the County is affect d, or thrce-fi."tlis of the County electors of such Riding or Ridings as mny be n (Tec ted, are forwarded to the County Council, and they refuse or neglect to make a special order, except on the ground that the special order prayed for is not one which can be lawfully made under the Act, or that the provisions of the Act as to petitions have not been compile I with, then the Governor in Council, on being satisfied that a petition has been duly presented to the Council, and the special order prayed for may be lawfully made, shall make such special order, and when gazetted it will have the same effect as if m ide by the Council,

It is evident that this claus' has been inserted to give the majority of the ratepayers the power to remove an obstructive Council, who refuse to yield to the wishes of the greater number, and we think it a wise provision, and one that will exercise a very salutary check in those districts where the few holding temporary power wish to coerce the majority of the electors. Clause 7 provides that the boundaries of Counties may be altered by proclamation by the Governor in Council, providing that a petition is presented by at least three-fifths of the electors of the County which it is proposed to less 'n, and also by the County Council to which it is proposed to add

Clauses 8 to 22 deal with the suspension of the operation of " The Comities Act, 1876." Clauses 8, 9, 10, 11, 13, aud 14 ye give in full.

" 8. Tlie Governor in Council may at any time, upon petition, by Proclamation, declare that the whole of the said Act shall no longer be in force in any county named in such Proclamation from and after a day to be named therein "

" 9. Such Proclamation shall state specifically bow the property, both real and personal, and also any uncollected rates, belonging to the county, if any, shill be distributed among the various Road Boards and Town Boards in the County, and how and in what manner the liabilities, if any, of the county, shall be discharged by the various Road Boards and Town Boards in the county."

*' 10. In any case where the various Road Boards and Town Boards can agree upon the matters referred to in tlie last preceding section hereof, the Governor in Council, in such Proclamation, shall, as fii as possible, give effect to such agreement."

"11. The directions contained in such Proclamation as to the matters referred to in the ninth section hereof shall have the effect of absolutely vesting in the Road Boards or Town Boards mentioned therein, both at law and in equity, the property or rates disposed of in the proportions or manner therein set forth, and also of imposing upon the Road Boards or Town Boards therein mentioned the liabilities thereby imposed in the proportions therein set forth as fully and effectually &s if such Boards had themselves lawfully incurred such liabilities."

" 13. If such a Proclamation be issued, then after the same come into force none of the provisions of the said Act mentioned in the Third Schedule thereto, nor of any of the amendments of the said Act, shall have force in such county, and the Council thereof shall not thereafter tran sact any business except for the purposes in the thirtieth, fifty-fourth, fifty—sixth, and sixty eighth sections of the said Act mentioned."

<; 14. Upon such a Proclamation being issued, the various Eoad Boards and Town Boards in the county referred to therein, and also the Road Boards and Town Boards in any County in which the whole of the said Act is not now in force shall have and may excercise all the powers, and perform the functions vested in, and shall discharge the duties imposed upon the Council, within their respective districts, unless otherwise provided by this Act or any other Act now or hereafter to be passed."

Clause 17, however, provides that if a pptilion signed by the requisite number of the e]e3'oi\-> is presented, the proclamation may be revoked, and the operation of the Act revived

The next section of the Act, from clauses l J?j to 29, is devoted to regulations regarding tha Hidings of Counties. Clause 23 «ays :—

(, 23. All ridings in counties which are divided into road districts and outlying districts shall hereafter consist of one or more road districts, or one or inoro subdivisions, or of one or more town districts, and either together with or without one or more road districts, or one or more subdivisions, or of any outlying districts, or parts of outlying districts."

Within six months after the Act was passed, the Hidings of all Counties will have to be altered, (o conform with the. last section, the Governor's approval being necessary, in order th.it there may be no unfair distribution of seats.

Clause 30 provides that hereafter no County shall contain part of any Road District or Town District. It must within itself contain the whole of its subdivisions. Sections 31, 32, 33, and 34 rahv to special orders, and section 35 as to payment of penalties collected in stamps.

The next section of the Act is a most import-nt one, ptoviding for Road and Town Boa d chairmen to be ex nfficio councillors. Clause 36 reads :—

" ;W Whenever n Proclamation Ins been issued under the ninth section hereof, and has come into force, t'u& councillors of the county respecting which such Proclamation has been issued shall thereupon, unless they are holding ofiice under the next section hereof, cease to hold office as such ; and the Chairman of: the Road Boards and Town Board, the districts of which are within such county, shall, notwithstanding the provisions of the said Act as to elec-

tions, number of Councillors, find ridings, be councillors of the said county ; and if their number is six. or more than six. shall form the Council of the county, and shall continue to be so even after a Proclama tion under the seventeenth section hereof has been issued, uniil a special order declaring that elections shall in future be held under' The Regulation of Local Elections Act, 1876,' as is authorised to be made by section tbirty-eii;ht hereof, has been made." The next clause provides— "37. In any county which is wholly divided into rond districts and town districts, or wholly into road districts, the Council of such county may pass a special order upon petition to the effect that the Chairmen of the Road Boards and Town Boards, the districts of which are situate within such county, shall bo councillors of the county ; then and in such case the members of the Council in office at the time of such special order coming into force sh ill cease to hold office ; and theieai'ter, notwithstanding the provisions of the said Act as to elections, number of councillors, and ridings, until such special order be revoked, the Chairmen for the timo being of the said Road Boards and lown Boards shall be councillors of the wnid county, and if their number be six or more shall form the Council of the county." This special order may be revoked and afterwards again passed. As it is not considered desirable that the County Councils shall consist of less than six members, clause 39 provides that where there are less than six Road and Town Boards in a County, the number may be made np by the election of one or more members of the Road or Tmvn Boards, as may be necessary to make the number up to six.

We find, however, that it is impossible, in the narrow limits at our disposal, to finish reviewing this Act in one article, and propose to place the remainder before our readers in our next ssue. As will be seen from that portion already commented upon, the Amendment Act gives largely increa ed powers to the ratepayers. They can, if they like, make the chairmen of the various Road and Town Boards act as the governing body of the County, and they ciin give to the Road Boards the powers and duties performed by th , ? County Council. We have always thought that there were many in the County who held aloof from the Road Boards, who should hold a prominent position on those bodies, an 1 we think it will exercise a very wholesome effect on the ratepayers if the time should come when they know that in electing a member for a Road Board they may possibly be electing a Count? Chairman. It should awake a greater interest, and cause each Riding to be more careful in the selection of its local representatives.