MUNICIPAL LAW.

Dominion, Volume 4, Issue 945, 12 October 1910, Page 5

MUNICIPAL LAW.

AN AMENDING BILL,

THE RESIDENTIAL QUALIFICATION, COTJNCILLOES AND. .CONTRACTS.', Some interesting amendments of the inunioipal law are proposed'in the Municipal Corporations Act Amendment, which was circulated yesterday, and. which, it is proposed, should take effect on- January 1 next. - ' ■ residential qualification of on elector is amended to mean that he'has resided for one year in. New Zealand,*, and-has resided in the borough, or in the ward of a divided borough, during the threo months then last past, and is' a British subject either by'birth or by naturalisation in Now Zealand. This section 6hail not operate 60 as to affect any election of-a member of a council held before the general' election of members,.next after the passing -of this Act.. For • the pur.poses of this section a man shall be deemed to reside in the place in which he has his permanent home. ■ .... ■ The ..clause- relating to contracts and the disqualification of councillors is altered to read, as, follows:—"Any person shall. be incapable ■ of holding the office of Mayor or councillor who is concerned or participating (otherwise than, as a member of an incorporated company in which there are more than twenty members) in any contract'with, or work to be done or the supply of goods for the council, if the payment for such work or contract or supply exceeds fire pounds for any one contract or,lwork or supply, or ten pounds altogether, in any year.ifmorethan one contract or work or supply.",. Section 16Q of the .principal Act (providing ; that, 10ca1... authorities bene-' hting by. fee construction of bridge, ferry,i ; et0.,.. may .be , compelled .to contribute thereto) is repealed, as is.also Section 161 (providing that- the Governor may vest control of a'bridge, ferry, .or ford in the council and apportion' cost of maintenance). •;■:.;-'■■ -,-.';.. . ■Sub-clause 4;■ ,bf. Section ; 216 . (which gives the council power to require owners of land within ,100 ft. from- sea. or .public drain ,to\.execute works) is amended as follows:—If the,'downer.- fails',to do ;;•. the work specified in the notice and as therein directed, the. council •' may cause ■ the" same to .be done, and- may recover the costs and-expenses, of the work,"together with five-per centum of ..those costs and., expenses for supervision, and: interest at the rate of six .per eentum'per annum on the total -sum. : . ~;.: :■.;,';.'-■ -.-'■

The written consent of the. council shall be required to!public entertainments held on Good Friday, or Christmas Day,! .as well as Sundays.;";'- ''• ' ■■■'.'•■■' '."'■■ The council, may :out- of; its' District Fund pay to cormCillors.traTelling on business of. the council with ,th© authority., of' ' .the : 'council,; suck .travelling expenses as may be fixed by regulations : mado _by the,. Governor-in-Council.. . -The .council; may from time! to; time: borrow, at.a rate.not exceeding •'. sis. per Tcontum";. per ". annum,' moneys from the bank by. way of overdraft or from any corporation or person by way of.-, temporary loan.:-, provided that the amount borrowed;iind. owing,by,the/coun-v Cil on any of itsaccpunts shall not at any ; timc ekoeed the estimated revenue of that, account for the current year, ending on March : 31, : nor shall,it at the : end of the month, of .Maroh'; in any. year' exceed the amount. of revenue accruing for; and payable' into \that accounts and-then outstanding and legally recoverable.! Where at the find of- the; month; of-March, in any year; there is oinngpy thebbuncil'on any. of its accounts an amount in excess of the amount; permitted: ; by this ■ section,; _the; amount of such excess shall be taken into: account.during: the,next year;,as' if itiiad been borrowed 1 during .that year.;!. ;-Any council..that -at;the,--,time of the passing of this' Act has: not raised' a special loan under Section 97 of. the principal, Act or„ under Section 155 of ■; the Municipal Corporations Act, 1900, is authorised, without .taking any;.poll,'to raise', byway of special.loan a;sum of. money sufficient- to clear -off-, any overdraft as ex-. .isting on^March ; 3li ;; l9lo. - -;-V}; ,; : K .; ; \ ■ The council may \n any year set ;aside but.-of its .General Acconnt. any. moneys, to form a furid'fpr the: repair, of reinstatement ;6f: any .'.building's or other property, that-may become-destroyed or damaged by fire,'and may. from;time to timeinvest any moneys; sot aside. ~; ': On the .presentation to the Governor of a;petition praying that any area be, constituted a new borough or added, to or excluded from any'borough, signed by at least ten, per centum of the. ratepayers, and accowpanieduy a deposit of £10, Hie Governor snail; direot that a poll be taken on the proposal,'and if the. result'of tho. poll is in favour of proposal, the-Go-vernor, may declare that' the! area thereii described -shall be constituted a new borough w,added..to, or. excluded from! any borough.;' ; - :■ ';':' --;:;■; v Before directing-the taking, of the; poll; the Governor shall ;direct a,commission; consisting of the' Commissioner of-. Crown Lands and. the officer, in charge of the valuation- district in'., which- the Varea.'is situated, to.inquire and.report to him, and to make such' alterations of the boundaries thereof as 'they deem necessary and advisable.' If the result of the poll is not in: favour! of tho proposal, no fresh petition containing a "like, proposal, shall 'be!;presented to- the Governor within two.years after the date of the'.poll.-';.: ... No contract which.is made by the.council and the; amount or 'value.of which; exceeds .£2O shall be-valid so'as 'to/charge either the corporation or any other.party thereto, .unless it is! made or.ratified by a, resolution of the'.council or is made by' an agent expressly authorised in- that.be: half by a resolution of the council."...**■!■'-. A council may agree : with the Minister for: Eailways for the construction of'a subway under any Government railway, and any such'agreement may provide for the': payment by; the council. of the whole or any part of the cost. ■ -.•"■ Power is given to 'advance:the cost of drainage connections, etc.,! and /to'-Taise money for that!'purpose. : ;'-; ; ..'...' ■;'! Every dwellingi-house which is ereoted in breach of the provisions of Section 291 of the principal. Act shall be deemed .to'be unfit for. occupation,, and ; may be dealt with under Section 291 thereof, without the necessity of any certificate as therein mentioned. '•■■.■ ■'■.-."':.".•.■.•/'. '';•.;!■