MUNICIPAL LAW.

Dominion, Volume 3, Issue 861, 6 July 1910, Page 5

MUNICIPAL LAW.

CHANGES DESIRED.

ffHE LOANS AND SINKING FUNDS,

THE CONFERENCE.

The conference of the Municipal 'Association of New Zealand continued its sittings in the City Council Chamber yesterday morning and afternoon,, with the president (Mr. T. M. Wilford, M.P., Mayor of Wellington) in.the chair. itinerant Traders. Mr. "\V. Fraser, M.P.; moved the followiug\Ross remit:— , "That Sections 344 to 346 of tho Muni-' cipiil Corporations Act, 1908, be amended to enablo borough councils to riiake a by-law to provide for the licensing of itinerant traders, tho fee for such license to be £o, the fee to be refunded to any trader'. who, for six months, remains continuously in business in the borough." . ' .''■■' .'Mr. Cole, Mayor of Dunedin, asked if theniotion would apply to wholesalo houses which sent travellers- round the country to sell to local retailors, and also sold by retail at the hotel .sample rooms. , .•The mover replied that he did not think, at would, but he...thought that it,might.bo well to take a similar course in that connection. The motion was carried. • Bands .and Rifle Ranges.. Mr. J. A.Nash (Mayor of Palmerfcton North) moved:— ■ '.'That the Municipal Corporations Act, 1908/ bo amended' to enable .a local body to contribute out of its general fund subsidies to bands and rifle ranges, or for the purpose of assisting any other institution which -is for tiio public benefit, and not for private profit."

The mover said that.the unauthorised expenditure of his council was about. £50, ; and after, contributing to the Plunket. nurses ■ and'other causes' there was practically nothing left for the band and rifle range. Boroughs could run their own bands, but he did not think they wished to'.do so. Mr. W. T. Jennings, M.P. (Waitara »nd Ohakune) seconded 1 ho motion. Mr.'J. V. Brown, M.P. (Napier), said that rifle ranges should be left to the Government. V Mr. Nash explained that it was for thv. assistance of the cadets ttiat his .council wished to contribute to a rifle range. , - . ■ "I agree with any proposal that would give - additional powers to local bodies," said tho Hon. A. R. Guinness, M.P. .The motion was, ultimately withdrawn in favour of an amendment moved by Mr. Petti t, Mayor 6f Nelson, as 'follows:— - "That the Municipal Corporations Act be amended so as to allow not exceeding 2 per cent, of the general rate to be used' for unauthorised expenditure, with a minimum of £50." This was carried. • Joint Works. ■■'. Palmerston North moved:— "That Section 160 of the Municipal Corporations Act be amended to provide that where a local body constructs a bridge or ferry under this clause, it shall have authority to demand and recover progress payments from the contributing local authorities as the work progresses on the engineer's certificate; or, failing payment, the right to demand and recover interest on the amount due by the said contributing local authorities .as progress payments."

.-The-Mayor of Palmerston North (Mr. J. A.- Nash) said that a difficulty had' arisen about the Gorge Bridge. The principal local body (not his council) 'had had to get an overdraft so that the work could go on. ■•■•-. The :motion was carried. ;

Wandering Stock. Miramar moved: —' "That in_ view of the nominal fines Usually inflicted for allowing cattle to wander on ; the roads entirely failing to deter offenders, Section 17 of the Im-" pounding Act, 1908, be amended in so "tar as it affects boroughs, enabling severe fines, to be inflicted."

. Mr. C. I. Dasent, Mayor of Karori, said that when his borough had prosecuted owners of wandering stock, the fine was usually 10s. for the first offence, ss. for the second, and a caution for the third, if the justices were oh the Bench. The president suggested that the motion would be,.of very little use because even if.;the maximum fine was £100, a magistrate would still only impose such a fine as he thought fit. Some people' collected postage stamps and-some collected autographs, but he knew . one who collected conviction in cattle-straying cases. It paid this man to graze his cattle on tho roads and pay the fines. He thought the present Jaw (maximum fine £2) would be quite strong enough if magistrates did their duty. The motion was lost.

Government and Rates. Mr. J. W. M'Ewan (Petone) moved: "That Section 122 of the Local Bodies' Loans Act, 1908, be amended by inserting after the word 'rate,' in the first line of such section, tho words "has been, 5 in lieu of the word 'is'." • -.The.mover explained that the object was to enable a council to collect special loan rates on lands thai had at any time been acquired by. the Government for workers' homes, etc. Iho motion was carried.

Control of Sinking Funds. A remit from Auckland, Dunedin, and Napier was as follows:— "That' the provisions of Section 25 of the Local. Bodies' Loans Amendment' Act, 1908, be amended so that they shall only; apply m the case of bails tb local bodies guaranteed.by the Government." Mr. H. M. Smeeton (Auckland) explained that the object was to preserve to the local bodies tho control of their own sinking funds, instead of making the Public Trustee (as provided by Section 25) the commissioner of all local bodies' sinking funds. The president' pointed out that there vere now no such things as State guarantee! loans. .He further pointed out that the remit was not necessary bocause its effect was embodied in : a clause in his own report as president, which was adopted on. the previous day, and which asked for tho repeal ol Section 25 of the Local Bodies' Loans Amendment Act, 1908. One or two members wished to discuss the matter, but the motion was withdrawn, and the conference went on to the next business. The following remit was carried:— "That tho Government be asked to introduce legislation to enable the Post Office to pay interest on the full amount of sinking fund deposited by local sinking fund commissioners."—, (Palmerston North.)

which about £3,000,000 had been advanced by tho Government. The Minister had given him to understand that it was impracticable for the Government to undertake such an extensive lending operation as was indicated. The motion was carried. . Elections and Polls. Birkenhead moved: —' 'That Section 36 of the Local Elections and Polls Act be amended so that a roturning officer may be permitted to announce the result of any poll after the votes have'been mado up without waiting until the public notice has been given." Tho president said it was usual to follow tho illegal course of making known the result of the polling at any booth before the complete t result was ascertained and made known officially. The'remit would make it legal. The motion was carried. Tho following motions were also carried:— "That the Local Elections and Polls' Act, 1908, be amended by adding further clauses for the purpose of giving the returning officer an opportunity of verifying the result of a poll as given by his deputies. The proposed amendments are practically a copy of the Electoral Act as used at general elections of the House of Representatives."—(Waitara.) . "That Section 12 of the Local-Bodies'-Loans Act, 1908, lie amended by deleting the words .'three-fifths majority' and substituting the word 'majority.'" —(Foathcrston Town Board.—lt was explained that this .would, mako the law as to polls in town districts the same as in boroughs.) A Picton remit to prevent "plumping" at elections was thrown out.

Abattoirs. Mr: J. W. M'Ewan (Petone) moved: "That Section 15,.Sub-section (a) of the Slaughtering aud Inspection Act, 1908, bo amended by. adding, tho words 'of five miles' after, the word 'radius,' in lieu of the words 'of eight miles.' " Mr. M'Ewan explained that Petono desired to be relieved of the obligation to erect an abattoir and to make an arrangement with the Gear Company instead! ■ ■ The president said ho thought tho Legislature had already given Petono the power it wanted. It certainly intended to.. , . The motion was lost. Valuation of Land. The following Palmorston North remit was carried:— ' ' '•'That the Valuation of Land Act, 1908, be amended to 'provide: (a.) That the valuation roll shall bo inthediands of the local. authority. not later thaji April' 7 in each'year.''(b) That - no alteration be made ill the roll until notice of transler has been sent' through the local body in whose district the transferred' property, is. situated, (c) That in all cases where new streets, are made, the Valuer-General shall have the power to revalue the new frontages in accordance with the enhanced value, notwithstanding -that there is no revaluation of the, whole district; and that the rates stiall be levied on the increased values."

Miscellaneous. , The following remits were carried: — "That the attention of the Government be called to the fact that the model by-laws promised by the_ Government have not been forthcoming." ■ —(Marten and Mosgiel.). i. "That, as the Government does riot pay for water used at fires on its property, or contribute anything towards the upkeep of brigades in cities, where there are no ,fire boards, provision should be made that services .rendered_ at such fires be paid for by the- Government." —(Wellington.) ~

"That Section ,298 of the , Municipal Corporations, Act bo'amended to prevent the exhibition of any placard or notice on any place other than a building,'unless licensed by the council."—(Palmerston North.) ."That.the Licensing Act, 1908, bo amended so that town districts shall be ablo to collect £40; license fees from hotels t within their boundaries." — (Kamo* Featherston,' and Upper Hutt.)

' 'That boroughs may be exemp ted from the provisions of the Maori Councils Act,l9oo."—(Petone—lt was explained that Maoris in the borough claimed to;pay dog-tax to the Maori Council instead of to the.borough .council.)

Some of the- discussions of tho conference are reported under separate headings. ( The conference adjourned until. 10 a.m. to-day.