MUNICIPAL LAW.

Dominion, Volume 6, Issue 1820, 5 August 1913, Page 6

MUNICIPAL LAW.

AN AMENDING BILL,

COUNCIL TO ELECT MAYOR.

WIDER TRADING POWERS.

Tile Municipal Corporations Amendment Bill, circulated. yesterday, contains soino provisions of considerable interest to municipalities and ratepayers. A radical alteration is proposed by Clause 5, which provides that tho members of a council •shall elect a Mayor from among their number .at a meeting held for the purpose on the first Wednesday In Jlay in every year. The town clerk is to preside at such meetings, and in the case of an equality of votes shall determine - the election by lot in suck manner as the council directs. 'JJhe llavor is to enter upon offico immediately alter his election, and is to hold office till the election of his successor. This clause is to come into operation on April 1, 1915, while the other clauses operate as from January 1, 1914. Provision is made that Mayors holding office on April 1, 1915, shall' continue in office nntil tho election of successors under this section. In the case of a divided borough it is provided that the electors' list may ba made out for the whole borough, and not for each ward, in which case tho ward shall be stated in a separate column of tho list. Further, the original Act is amended to provide that every person who wilfully makes nj false claim to have his name entered on the electors' list shall be liable to n. fins not" exceeding ,£5. Local authorities, other than borough councils, entitled to uso the district electors' roll lor the purposes of their elections, shall pay a fair proportion of the cost of preparation and printing. In/cases of dispute this may bo fixed by tho Audit Ultico. To Constitute a New Borough. A new method is introduced for constituting a new borough. A petition defining 'the area, signed by one-fourth of the persons within it entitled to vote at the election of any local authority, and accompanied by a deposit of ten pounds, shall be presented to the Governor. The Minister for Internal Affairs then, through a Gazette notice, must invite objections within one month of publication. As soon as practicable thereafter the Governor shall direct a Commission, consisting of the Commissioner for Crown Lands for the land district and the_ officer in charge of the valuation district in which tho area is situated, to inquire and report upon tho application and objections. If the Commission reports that the district is suitable (but not otherwise), the Governor shall direct that a poll bo taken on the question. If this poll ie favourable, then tho Governor shall, by proclaihation, constitute the' district a'borough, and fix its name. If tho poll is unfavourable, no fresh petition shall bo presented within two years after the date of the poll. In the case of alterations to boundaries being desired, a petition signed by onefourth of the ratepayers shall be presented, and .reported upon by a commission constituted as before. If this report is favourable, then the Governor may, by Order-in-Council, niake the as ho thinks fit. These provisions materially differ from the existing law under which an Act is required to constitute a new borough. A union of boroughs may bo effected, it is provided, notwithstanding that tho limits of Section 3 (c) of the Municipal Act are exceeded. These limits are that tho borough, shall not have a continuous area exceeding nine square miles, and have no points more than six miles distant from one another. The powers of the council with regard to streets are amended by providing that for tho purpose of giving access, from Wo street tp another, to construct elovafors, moving platforms, and machinery for passenger traffic, and such subwavs, tunnels, shafts, etc., as are required, the council may raiso (loans for the purposo, and levy a separate rate on the area concerned. The restrictions as to tho, formation of private streets made by the principal Act are modified by the provision that they shall not apply to a private way giving access to not more than one dwcllinghouso or other building if the private way is only intended for tho uso of tho owners and occupiors of the land. The Governor is empowered to authorise the council to lay off, or permit to be laid off, private .streets of .not less than 40ft. for the purpose of connecting blind streets with other streets providing they are not more than two chains in length. Trading Powers. The council ia empowered to rail cool or coke "on such terms as it thinks fit." It is provided. that "th® council may establish, maintain, and regulate a service for tho conveyanco of passengers and goods to and from any place within the borough, or, with .tho consent of any neighbouring local authority, between any place within the. borough and any plaoo within the district of that local authority, or the council may contribute out of tho district to any such service established or maintained by any person or company or by any other local authority." This is not to authorise a council to construct any tramway or railway. It is provided that the council in time of flood or emergency may protect its waterworks by diverting 'water into any natural stream. The Bill pro Doses to reneal Sub-section 2 of Section 258 of tine principal Act, providing that if a building damaged by firo inspectors in the execution of their duty is uninsured or insufficiently insured, tho council shall pay compensation to the owner. Power is <riven to tho council to expend nvoney on lighting and maintaining public clocks. This nrovision is made retroactive as from 1908. Billiard-room licenses may be refused if tho council considers the locality unsuitable for such a purpose. The powors of a council in making regulations ere extended to licensing electric wiro installers, licensing and inspecting and regulating boarding-houses in which are lodged for a single night or for le.ss than a week -it .a time, and for ■licensing sports grounds. In licensing buildings for public purposes the council may attach conditions as to the use ait the building of any menus of producing light or heat, or for tho safety of persons assembled in the building. Another iwoposaVis that where, in tho opinion of tlie council, fbe refuse from any buildin? is principally trade refuse ot is excessive in quantity, the council may, in lieu of levying a rate, make a reasonable charge, for the removal of tho refuse, ot may renwiro tho owner or occupier of tho building to have the Tefuse removed at his own cost. _ The pactions of the principal Act providing for the audit of. the borough accounts by the Audit Department are repealed.