HIGHWAY BOARDS.

Bay of Plenty Times, Volume II, Issue 205, 22 August 1874, Page 3

HIGHWAY BOARDS.

TO THE EDIXOB. Sib, —As the subject of roads in connection with Highway Boards is now before the notice of the public, may I beg a little space in your paper on this rather dry, but important subject. We may thank the Attorney General for bringing before Parliament some three years since, that a number ot Acts passed by Provincial Governments were illegal—as the 19th clause of the “ Constitution Act,” prohibited Provincial Governments from interfering with Courts, that , is to s y, no one can recover or imprison except; by Act of Parliament; hence the powers dele- \ gated to Superintendent and Executive by the; Highway Boards Empowering Acts, order? to validate Provincial Acts. This also; explains why our late Superintendent rushed theEducation Act through Parliament last session in order to give him the power to sue. This I, believe is the Logie that stands in the way of our Piovincial law-makers; and this 19th clause should never be forgotten by Justices when sitting on a case under Provincial Acts,to see that the Act is sanctioned by Parliament, if not, it is worthless. “The Highway Boards Empowering Act, 1871,” is divided into seven parts. Our late Superintendent had the wisdom to proclaim only the first three:—lst, Preliminary ; 2nd, Rating occupants, &c. ; 3rd, Appeals from Rates, &c. The 4th bye-law would have created any amount of confusion, because it gives the “ Governing body,” i.e. the Board, power to make and revoke hye-laws as they think fit, penalty not exceeding £2O for any one ofence. Every district would have their funny little bye-laws with : nalties attached ; the Boards would be simply “ bear gardens,” and no end of irritation. We should be governed by three sets of laws—Empowering Acts, Provincial Highway Acts, and Bye-laws. I should like to see parts 4 to 7 scratched off our Statute Book. Truly, wo are a “ much governed people.” The last Provincial “ Highway Act, 1874,” simplifies and interprets the old Act. I shall say nothing about clause 39, as ratepayers seem to understand it at last, i.e., clause 6, part 3, “ Empowering Act” I find our active Provincial Secretary is again agitating some further alteration in Parliament —what a pity ho does not “ r.st and be thankful.” I fear by clause 11, our late elections, all over the province, are illegal, according to the following letter from Mr Dargaville, recently published in the Herald :

“ Sir, —Will you allow mo apace to explain more clearly what I stated at the meeting of Parnell ratepayers last evening ? The Highway’s Act as passed by the Council last session p.ovidea that the second (or main portion) and third parts shall come into operation “ by notification in the Provincial Government Gazette No such notification appeared, and at the last moment the Government, to remedy the omission, take the

bold course of altering the Act as originally passed, inserting the words “ and second parts” in another part of the danse,and treating the matter as » clerical error in the original Act, The legality of this course is open to grave doubt, and I, as Chairman of the meeting, suggested that the newly elected Board should at once request His Honor the Superintendent to introduce in the Assembly, now in session, a short Act validating the proceedings ot the various Highway Districts being taken under the second part, of the Act. I also pointed oat to the meeting that under the 11th clause of the Act, ratepayers could o !y exercise one vote each this year, these being the first meetings under this Act. No doubt this blunder arose from the manner in which the clause was copied from the Act of 1871, withoutadapting it to the circumstances of existing districts’’ —lam, &e., J. M. Pakg WIT.T.K. With regard to enclosed roads, the idea of getting a revenue therefrom, is certainly n novel one, and must bring the laugh on as by ail travellers who have seen the millions of acres lying waste and unenclosed at our backdoors. Is our district such a highly cultivated Dutch garden aa to make land bo valuable ? And is our population ao teeming, that we must cultivate our house tops ? Or is it that we are envied the small benefit derived from the unusable roads after having gone to the expense of laying down to grass ? A number of useless country roads are also enclosed, and if useless to the community, no one but a dog in the manger would bother about them. From To Papa to, and including Greeton, is under the N. Z Municipal Act, and we are subject to fine for allowing cattle to graze on public roads. The idea of revenue from roads, other than tollgates, is contrary to whole spirit of English law ; for if, in the old country,a donkey is allowed to graze on a bye-road, it is by sufferance. Would it not be wise to get our Member in the House of Representatives to move that, say, Mr Heale, Inspectors of Surveys, be requested to examine personally all roads in the district said to be useless, in order that he, Mr Kelly, might, at next sitting of Parliament, bring in a bill to do away with such roads (unless it is in the power of the Provincial Government to do it, which he could doubtless ascertain). It is not my intention to make any comment on the action of the District Board v. Kev. T. S. Grace’s road; but Iwould recommend to the people of Tauranga a fine old civic law or maxim, it contains but one clause —“ Do to others as you would bo done by.”—l am, &c., August I7tb, IS7T.