TH E Grey River Argus. PUBLISHED DAILY. SATURDAY, DECEMBER 9, 1871.
One of the most important Acts passed last session, so far as this Borough is concerned, is the one to amend the Municipal Corporations Acts of 1867 and 1868. We will notioe some of it 3 principal provisions, as the alterations which have been made, and. .the additional powers conferred upon -Borough Councils are of considerable" importance, as for instance, the power to take land for permanent works, the option of levying water-rates, the enforced conducting of all future Mnnicipal elections under the ballot system, and the giving of power to alter the boundaries of Wards at any time. With regard to the first of these subjects, we find that power is given to the Council, under certain conditions to be hereafter mentioned, to take land for works or undertakings which come under the category of "permanent." These works may be summarised as follows :— "The opening and making of new streets and the diverting altering or increasing the width of streets within the city or borough or without the city or borough if approved of by the Superintendent or County Chairman. The raising lowering and alteration of the ground or soil of streets of which the level shall not have been previously fixed as herein provided. The construction and establishment of bridges and ferries. The construction enlargement and alteration of sewers. The construction, or laying of any covered drain or pipe so far as the same is not placed on land appertaining to the tenement to be drained or on land the property or placed under the control of the Council. The construction or laying of any drain or uuauuei tui- draining irom or uiruugu any premises the surface or storm water so far as the same is not constructed or laid upon land the property or placed under the control of the Council. The construction of waterworks within or (with the consent of the Superintendent or County Chairman) . without the city borough or town whether in conjunction with other cities boroughs townß or road districts or whether the works be wholly or in part within or without the city or borough. The providing of municipal offices and market-places the construction of lvarket-houses and abattoirs the providing places for weighing carts and their loadings and the making convenient approaches lo any market. The providing of land and buildings for baths and washhouses. The providing of pleasure-grounds within or without the borough libraries museums or places of public resort or recreation. The erection establishment or providing of hospitals asylums and other buildings or places for charitable purposes." These aye very large powers, but capable of effecting much, public good if they are exercised in a thoroughly just spirit. The Council is, however, hedged round with a prescribed course of procedure out of which it dare not go, and which provides a sufficient number of wholesome checks upon any body that might wish to use its power in an arbitrary manner. Whenever the Council deems it expedient to execute any of the" 'public works mentioned above, they must first cause such plans to be prepared as may be necessary io show the nature and extent of the undertaking, with its exact site and measurements on and through the lands it is proposed to be taken or placed, and the names of all the owners, lessee?, reputed lessees, and occupiers thereof, |so far as can be ascertained. These are to be first approved of by the Council, then deposited at the office of the Council for the inspection of all peraons interested for forty clear days, after notice of the same has been given in the General and Provincial Government Gazettes, and some newspapers generally circulating in the Borough. Notice i# also to be served on all the owners, lessees, or occupier* of the land intended to be taken, requiring an answer whether the person so served assents, dissents, or is neuter in the matter. When objections are made the Council has power to take evidence on oath, and after these hayp been satisfactorily disposed of an order can be made for the work to be proceeded with, but always provided that the Council shftU first make to'the owners of, and all persons interested in any lands taken, or used for the purposes of such undertakings, or injuriously affected by the execution thereof, full compensation of the value of the lands, and for ail damage sustained by any person by reison of the exercise of these powern by the Council, ; power is given to the Council to sell or lease such portions of the l*nd so ac-s quired which may not afterwards be needed. The next important matter is the power given to Borough Councils to make and levy a water-rate, in addition to the general and special rates and separate rates which may then be in force. This/can be levied on all or such part of the rateable property of the Borough for water supplied by t^o Council to all or some of the inhabitants of the Borough, or for the purpose of constructing waterworks, or paying the interest of any loan contracted for such purpose, but sue 1 !
rate shall not exceed in any year the sum of one shilling in the pound on the assessment of the rateable property of the Borough. In cases in which Boroughs have already been supplied with water by private companies, the Council may, wi+h the consent of the Governor, purchase any waterworks either within or without the Borough for the supply of water to the residents.
Some time ago there was a movement in town for the redivision of the Wards, in order that the ratepayers might be more equitably represented intheßorough Council. . It was then found that under the old Act no power existed to redivide the Wards of any Borough after they had been once proclaimed by the Governor, and the subject was then allowed to drop. The necessity for having a provision in the Act to meet such cases was recognised by Mr Harrison, who, when the Amendment Act was going through the House, got leave to insert a clause which meets the case. As it will no doubt be very soon taken advantage of in this Borough, we may as well quote it entire : — " It shall be lawful for the Superintendent of any Province if he he shall have received a petition to that effect signed by not less than one-fourth of the number of persons whose names appear on the burgess roll of any single borough divided into wards by proclamation to divide anew any such single borough into three separate wards as may seem fit by such names and with such boundaries as shall in and by the proclamation be assigned to them and such new wards shall be in lieu* of the former wards. No borough shall be newly divided into wards upon or within thirty days before or after any day appointed for an annual election of Councillors in or for the borough or any ward thereof. The Councillors who shall be in office in any borough at the time when the same shall be newly divided into. wards shall severally allotted to each such ward by the Superintendent in and by the proclamation newly dividing such ward or in and by any other instrument and if any seat or seats shall be vacant at the time of such new division the Superintendent shall determine for which ward or wards such seats shall be deemed to be vacant and the same shall be deemed to be vacant and the same shall be deemed extraordinary vacancies." In future, the polling in all elections under the Municipal Corporations Acts shall be by ballot, which will certainly be a great improvement upon tho old system of open voting, which had many vety objectionable features, especially in small communities and where feeling ran high, as it usually does where there is a good contest. The clauses in the old Act referring to voting are all repeated, and a series of new clauses substituted, which provide for the taking of the ballot in the ordinary way which is so well understood thftt the detail clauses need no comment.
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Bibliographic details
Grey River Argus, Volume XII, Issue 1052, 9 December 1871, Page 2
Word Count
1,378THE Grey River Argus. PUBLISHED DAILY. SATURDAY, DECEMBER 9, 1871. Grey River Argus, Volume XII, Issue 1052, 9 December 1871, Page 2
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