AN ACT TO PROVIDE FOR THE ABOLITION OF PROVINCES.

Dunstan Times, Issue 706, 29 October 1875, Page 4

AN ACT TO PROVIDE FOR THE ABOLITION OF PROVINCES.

(Continued from lastiisue.) 13. If after the date of the abolition hereunder of any province the services of any officer in tho employment of the Government of tho colony, or of the Provincial Government of tho abolished province, nre dispensed with in ‘consequence of the abolition of such province, ho shall be paid out of the ordinary revenue of tho colony such sum as he shall be entitled to under the terms of any engagement with the province entered into previous to the fifteenth September, one thousand eight hundred and seventy-five, and in default of any such agreement then for each year of service one month’s salary, according to tho rate payable to him at the time of Each abolition. XICENSE TEES, ETC. UNDER PROVINCIAL LAWS. 14. All revenues arising under any provincial enactment within any provincial district from foes or othersimilar payments, in respect of publicans’ licenses or other licenses for the sale or the making of fermented or spirituous liquors, or of billiard room or table licenses, music or dancing licenses, auctioneers’ licenses, or hawkers’ licenses, -or other licenses for carrying on any other business, or as license fees for keeping dogs, shall be paid to the Munici■pality or Road Board within which the premises in respedt of which the license is ■granted are situate ; and in the case of li■censes not granted in respect of premises, then the fees or other payments received in respect of such licenses shall be paid -over to the Municipality or Road Board •within which the person to whom the license is granted has his usual place of resilience at the time of the license being granted, and which place of residence shall •be mentioned in the license : Provided that •where in any provincial district any such revenues are collected or received under any Act of the General Assembly, then the same shall be paid over and dealt with as if the same had arisen under any such provincial enactment as aforesaid - All fines and penalties which may be inflicted upon owners of sheep or other persons under any provincial enactment as aforesaid providing against the introduction or spread of disease in sheep, and for the cure or remedy thereof, shall be paid to the Municipality or Road Board within •which the fine or penalty shall have been inflicted upon a person in respect of sheep ■depastured on or being in more than one such municipality or district, then the fine •or penalty shall be equally apportioned between such municipalities or road districts -as the case may be. All fines and penalties for breaches of any by-laws of any Road Board or Municipal Council shall be paid to the said Road Board or Municipal Council whose by-laws ■have been infringed. Cold fields revenue. 15. Notwithstanding anything to the contrary contained in “ The Public Revenues Act, 1867,” or any other Act, the revenues arising within any provincial district under the provisions of “ The Gold Fields Act, 1806,” or any Act for the time Ticing in force relating to the mining for gold, in respect of miners’ rights, business licenses, or otherwise in respect of the occupation for gold mining purposes of Crown lands, and the revenues arising within any ■provincial district under the provisions of “The Gold Duties Act, 1870,” or “The Gold Duties Act, 1872,” shall in no case be deemed to'be revenue arising from tho occupation of the waste lands of the Crown, hut all such revenues shall he applied in defraying the costs, charges and expenses incident to the management and administration of •the gold fields within such provincial district:

Provided that nothing herein contained shall extend to any such revenues as in the preceding part of this section mentioned if the same shall be derived from tho sale of the waste lands of the Crown within any ■goldfield, or from rents or other monies re•ceivod under agricultural leases of such lands, hut all such la«t-mentioned revenues shall be deemed to belaud fund of tho provincial district in which tho same shall arise or he received.

Such revenues shall also be charged with the payment of all rents or other sums of money which may bo payable by Her Majesty the Queen or by the Governor of the colony to the Native owners of any land ‘ leased or otherwise occupied for gold mining ■purposes under “The Gold Fields Act, 1866,” or any Act amending the same, or under any other Act for tho time being in force relating to mining for gold. After making the deductions herein provided the balance shall he hold for the purposes of this Act to be general rates, and shall be paid to the Public Account, and a separate account thereof kept, and such balance shall be paid over to the governing body or bodies of the district from which such revenue has been received, together •with any proportionate endowments which may accrue from tho land fund and from the 'Consolidated Revenue, to be computed in the manner provided in the nineteenth and twentieth sections hereof. APRROI’RIA'TTON OR LAND JUND, T6. A separate account shall be kept of the'land fund arising within each provincial district, and tho same is hereby appropriated and charged as hereafter provided. (1.) With the payment of the interest and sinking fund of all loans debts and -other liabilities which at the date of the abolition of the province comprised within ‘the provincial district wore chargeable -against tho province. 12.) With the cost of surveys and the •general administration of waste lands within tho province comprised within the provincial district. (3.) With the annual payments to the governing bodies of the several road districts, and to Boards of River Conservators •within the provincial district, by way of .endowment, of sums of money to be com-

puted in the" manner provided in the nineteenth section hereof. Provided that if, at the date of tho abolition of any province, any of the land revenue of such province shall be invested or d posited in any manner, such land revenue shall, subject to the provisions of this Act, be dealt with under this Act as land revenue of the provincial district in which the same shall be so invested or deposited as afore said, 17. If in any case it shall happen that the land revenue raised within any provincial district for any one year shall be insufficient to meet the charges imposed thereon by the lost preceding section hereof, it shall be lawful for the Colonial Treasurer, in the manner provided by “The Treasury Bills Regulation Act, 1861,'" to borrow aud raise such a sum as shall be sufficient to make up the deficiency in tho land revenue of such provincial district for any suoh year. The sums raised under suoh bills, and all interest to accrue duo thereon, and all charges incurred in the preparation or circulation of suoh bills, shall, subject to the provisions of this Act, bo a charge upon the future land revenue arising within the provincial district, and may from time to time be charged in account against such lastmentioned land revenue. The amount of such Treasury hills in circulation at any one time shall not exceed tho sum of one hundred thousand pounds. 18. The residue of the land fund arising within each provincial district after the deduction aforesaid shall bo paid to and applied by local governing bodies in the construction and maintenance of public works within the provincial districts, in such manner as shall hereafter bo provided by any Act of the General Assembly constituting such local government bodies within such districts. 19. There shall he paid annually out of the land fund of each provincial district to the governing bodies of the several road districts and to Boards of River Conservators within suoh provincial district, by way of endowment, a sura of one pound for every one pound of general rates received within the road district, but no such annual payment shall exceed one shilling in the pound upon the annual value to let, or one penny in the pound on the value to sell, of the rateable property within any such road district. 20. There shall be paid annually out of the Consolidated Fund to the governing body of every road district aud municipality, within each provincial district, by way of endowment, a sum of one pound for every one pound of general rates received within the road district or municipality, but no such annual payment shall exceed one shilling in the pound upon the annual value to let, or one penny' in the pound upon the value to cell, of the rateable property within any such road district or municipality'. 21. On or before the first day in June in each year the governing body of every road district and municipality within any provincial district shall cause to be prepared and transmitted to the Colonial Treasurer a true and detailed account of all moneys actually received within such road district or municipality as and for general rates during the last past financial year of such road district or municipality. No such account shall avail for the purposes of this Act unless it be verified by the solemn declaration of the Chairman of tho Road Board, or the Mayor of the Municipality, as the case may be. The annnal payments to be made to the several governing bodies by way of endowment shall be calculated upon the amount shown to have been actually received by such governing body as and for general rates as aforesaid up to the close of such last past financial year. COSTS OF POLICE, ETC., TO EE BORNE ON ORDINARY REVENUE. 22. The costs charges and expenses of police gaols harbors hospitals lunatic asylums charitable institutions museums public libraries, and of education throughout the colony, shall be borne on the Consolidated Fund, so far as such costs charges and expenses are not otherwise by law provided tor. MISCELLANEOUS. 23. Nothing in this Act contained with respect to the appropriation or division of the land fund shall be deemed to alter or affect the liability of the colony to the pub. lie creditor, or to affect any permanent appropriation of or charges upon such revenue under any law In force in the colony : Provided always, that on and after this Act coming into operation, the endowment of one-fourth of the land revenue of the Timaru and Gladstone Board of Works shall cease.

24. Whenever under any Act of the General Assembly any shire shall be constituted, such shire shall for the purposes of this Act be deemed to stand in the place of the several road districts or parts of road districts of which such shire shall be composed, and after the constitution of any shire all moneys which under this Act would have been payable to the Road Boards of which such shire is composed shall be paid and payable to the governing body of tho shire. 25. (1.) Section seventeen of the Constitution Act is hereby repealed. '(2:) It shall not he lawful for the Superintendent of any province to convene tho Provincial Council thereof, or for any Provincial Council to meet in session before the day next after the last day of the first Session of tho next or sixth Parliament ot New Zealand. 26. No contract or engagement shall he made or entered into after the 30th day of -September, one thousand eight hundred and seventy-five, by the Superintendent of auy province as such Superintendent, for the construction of any railway tramway or harbor works without the consent of the Governor in Council. No other contract or engagement shall be made or entered into after the day last aforesaid by the Superintendent of any province as aforesaid, whereby any public money amounting in the whole to one thousand pounds or upwards shall or may become payable, unless tho money required to meet

the expenditure to be thereby incurred has ,b(en duly appropriitod by the Legislature of the province, and the Governor shall have been satisfied the making or entering into such contract or engage, inent that the provincial revenue receivable before the thirtieth day of September, one thousand eight hundred and seventy-six, will be sufficient to meet such expenditure. 27. Until the day next after the last day of the first Session of tho next or sixth Parliament of New Zealand, all powers duties and functions which immediately before the passing of this Act were under or by virtue of any law vested in or to be exercised or performed by tho Superintendent of any province on tho recommendation or resolution of the Provincial Council of such province under any law or Ordinance for the time being in force, shall bo exercised by the Superintendent, with the consent of the Governor in Council 28. Sections twenty.five, twenty-six and twenty-seven and this section of this Act shall come into operation on the day on which it is assented to by the Governor in the name and on behalf of Her Majesty, and the remaining sections of this Act shall came into operation on the day next after the last day of the first Session of the next or sixth Parliament of New Zealand.