The Akaroa Mail, TUESDAY, NOVEMBER 14, 1882. "THE COUNTIES ACT AMENDMENT ACT."

Akaroa Mail and Banks Peninsula Advertiser, Volume VII, Issue 661, 14 November 1882, Page 2

The Akaroa Mail, TUESDAY, NOVEMBER 14, 1882. "THE COUNTIES ACT AMENDMENT ACT."

Proceeding to review further the amendment of " Tho Counties Act, 1876," wo find that clause .43 runs as follows :—

" 43. The Council of every country may, from time to time, as it thinks fit, make and levy genunil rates on all rateable property within its county for carrying into effect the general purposes of the said Act ; but the total amount of such rates made for any one year shall not exceed three farthings in the pound on ihe rateable vnlue, in counties in which there are either road districts or town districts, or six farthings in tho pound if there are no road districts or town districts in tho county."

It will be seen that the present system is to charge on the value of the property, instead of the annual rental, and it is generally considered that three farthings in tho pound, under the new system, is about equal to a shilling , in the pound on the old. It will thus be seen that the highest amount that can be charged in a County for general rates is six farthings, or two shillings in the pound, but that where there are Road Boirds or other r.iting bodies in a County, three farthings, or a shilling in the pound, is the maximum general rate that can bo imposed by a County Council. We of coin , c come under the latter rule, so that our Council can only impose v shilling general rate.

Tho Act then go*s on to provide tor separate rates bfitiyr levioil in tho different Ridings lit ;i County. Clauses M and 45 are as follows :—

"44. Tho Council of any county may from time to time, either in lieu of or in addition to any general rate made under the last preceding se-tion hereof, as they pee fit, uiiiko and levy rates, to be called ' separate rate.-*.' equally upon all rateable property within every or any riling of auch county, find so that tho ; separate rates,'to be levied in each riding may vary from those in other ridings."

" 45. No separ to. rates inulo in any otic year shall, together with the general rates levied undor section forty three horcof", exceed in any riding which is also a road district or to.vn district tin lumiint of three fartliing.s in the pound, or in any riding which is not a roul district or town district the amount of yix farthings in the pound."

This is a wise provision, as it might happen that one particular Riding needed a certain work done?, which w.is of no use to the oth.srs. En such a easj it. vroull bo manifestly unfair to tax the whole County, and therefore these clause? give the power to confine tin rate to the Hiding whore it isii-eded. Tho application of a sep irate rate nude within any Riding is to ba as follow-! :—So much of it as is necessary to defray the expense of levying the rate, and the cost of supervision and clerical work, iucluding «i re isonablc proportion of the salaries of the Council's regular officers, being deducted, tlm remainder of such separate rate shall be wholly expended in the Riding within which the same has been levied and raised.

But the foregoing m not itlm only rateable power the Councils possess. Besides the general rate of three farthings in the pound (equal to the old shilling fate), they can also raise an equal sum annually as a special works rate. Clause 47 says :—

"47. When it appears to tbe Council that there is any particular work which

the Council is authorised to execute, whether within or without such county, which will benefit the whole county, but the cost of which cannot conveniently be defrayed out of the general or separate rates, the Council rr.ay, in like manner, for defraying tho expenses incurred in executing such work, by special order, make ami levy a special works rate on all rateable property within the county ; but tho total amount of all such special works rates made for any one year in the county shall not exceed three farthings in the pound ; and they shall be made subject to tho following condition, namely.—Before miking such rate, the Council shall cause an estimate to be prepared of the cost of tho proposed work, and the amount of the rate proposed to be levied, and shall give thirty days' public notice thereof."

Clause 48 gives the power to levy a special works rate over a portion of the County, instead of the whole, if the work is of a local nature. These special works rates, however, can only be made upon petition, so that at least threelifths of the electors have to request the Council to levy tho rate before it has the powr-r to do it.

'The 53rd clause is a most important one. It provides that the Council , may, by special order, delegate to a Road Board or Town District in a County, all the pCwers conferred upon the Council for levying rates within th". district of such Board. By this means the whole power of levying rates in a County could bo held by the Road Boards, oven with " The Counties Act " in full force.

The next section of the Act refers to by-laws, Amongst other things, it provides that a Council shall have the power to join with other County Councils or Boroughs in making by-laws which shall be in force throughout all the Counties and Boroughs, the Councils of which make such by-laws. The Council may make by-laws to regulate the traffic on roads, as to passengers and goods ; to regulate the conditions of water supply from County works ; and to prohibit pigs and goats running at large.

The next division of the Act consists of only one clause. It provides a remedy to ratepayers for the misappropriation of funds, and is as follows :—

" 64. If tho Auditor shall report that any money.-! have been unlawfully paid away by the Council, or that any liability incurred by the Council has been unlawfully incurred, any county elector of any riding in the county may in any Court of competent jurisdiction sue the councillors who consented to such payment or theincurring of such liability, and either jointly or severally, for tho amount of such payment or liability, and may recover judgment for the same, together with costs, if it has been knowingly and wilfully paid or incurred without lawful authority. When the money so recovered is received by the county elector it shall bo paid by him into the County Fund, and any costs recovered and received shall be retained by him for his own use.

A few miscellaneous clauses, on which comment is unnecessary, conclude an Act which we think may fairly be considered a useful one. Its tendency, as we before remarked, is to pi ice the power of local self-government more in the hands of the body of the electors. It will cc tainly be the ratepayers' own fault now, if they do not exercise the power placed in their hands, for Avhat they deem the advancement ot the general good.