MUNICIPAL COUNCILS BILL.

Lyttelton Times, Volume XII, Issue 721, 5 October 1859, Page 3

MUNICIPAL COUNCILS BILL.

A BILL FOB THE ESTABLISHMENT OF MUNICIPAL INSTITUTIONS IN THE PEOTINCE OF CAN-, TEBBURY, NEW ZEALAND. Whereas it is expedient to provide for the establishment of municipal institutions in the Province of Canterbury, and to make provision for the management of the streets, and the sewerage and drainage of towns and populous places within the province,-and for the preservation of the health of the inhabitants thereof. Be it therefore enacted by the Superintendent of the Province of Canterbury by and with the advice and consent of the Provincial Council thereof as follows': 1. Any district of the Province of Canterbury, the area whereof shall not exceed three square , miles, and which shall contain a population of householders not less than two hundred, may, subject to the' provisions of this ordinance, be consti-' tuted a municipal district.as hereinafter mentioned, 2. It shall be lawful for the Superintendent with the advice of the Executive Council on the receipt j of a petition signed by not less than one hundred , householders resident within any such district pray- , ing that suclvdistrict may be declared a municipal, district under this ordinance, to cause the substance and prayer of such petition to be published in the ' Government Gazette,' and (if no counter petition sio-ned by an equal or greater number of householders resident within such locality shall have been delivered at the office of, the Provincial Secretary within one month from the date of such publication) the Superintendent with the advice aforesaid Hmliy" if'lie think fit declare by proclamation such locality a municipal district by a name to be mentioned in such proclamation, and also by the same or any other proclamation may define the limits and. boundaries"of such municipal district and such limits'and.boundaries at any time thereafter in ■the"sambi'/ manjiir on receipt of a similar petition may vary and; -alter, but so as in no case, save as hereinafter "mentioned,, to include within the limits or boundaries of such municipal district an areabfnldretMn.'three square miles, and upon the publication of1 atiy-such proclamation in the * Government GazeW1 such locality so denned shall be deemed and taken to be a municipal district within the meaning of this ordinance. 3. Every municipal'district to be constituted as aforesaid shall be governed by a Council consisting of five or seven members, the number of such members to be fixed as hereinafter prescribed. 4. The Council of every municipal district constituted as aforesaid, shall be and is hereby created a body corporate under such name arid style as the Superintendent shall with the advice aforesaidm such proclamation as aforesaid direct, and as such shall have perpetual succession and shall have and use a common seal, as the Superintendent with the advice aforesaid may direct and shall be capable in law of suing and being sued- and of purchasing and.holding lands and tenements situate withmtne i limits of such district for the use of the inhabitants thereof, and of making and entering into such con^ tracts as may be necessary for the .exercise of its corporate functions, aad such powers shall be exercised by and in the name of the Council ot every such district. Provided that no such Council shall exercise any other power of a corporation save and except such as are granted by this ordinance, , ' ..',,. ' 5 After the constitution of any municipal dis.trict as aforesaid, it shall be lawful for any ten or more persons who shall have signed the petition for the constitution thereof, to convene a public meeting of the resident householders and of the landowners within such district for the following purpose : That is to say — Ist For deciding whether the Council for the district shall consist of five or seven members,' 2nd For deciding whether the members of such Municipal Council shall or shall not receive aiiy pecuniary remuneration, and, if any, what shall be the amount thereof. And '. _ 3rd. For electing the members of such Municipal Council. : And every such Meeting shall be convened by public notice"to be inserted in two consecutive numbers of the 'Government Gazette' and of the. newspapers published in the towns of Chnstchiirch and Lvttelton, copies of such notice being affixed at the place where such meeting is intended to be held, and in some conspicuous part of one or more other places of public resort, within the limits or the district, and every such notice shall state the time and place of holding siich meeting, the objects and purposes for which such meeting is ca led, and shall be signed by the persons convening the same, And every such meeting shall beheld not,less than fourteen nor more than thirty clear days from the date of the first publication and affixing ot such notices as aforesaid, and at a place within the boundaries of such municipal district. 6 It shall be lawful for the Superintendent with the 'advice aforesaid to appoint some fit and proper P ers6n to preside as chairman at.any meeting; to be convened as hereinbefore provided and at al Snments thereof, notification of every such gSntaent having been' inserted in theJWn; ment Gazette,' and such person shall attend at the hour and place fixed in the not cc for convening the said meeting and shall preside thereat 7 Tt the time mentioned in such notice, all the resident householder, and all the landowners as SresSl who shall :be present at such meeting, S In tUlirßt place proceed to the>. election,* ™d in manner they may deem expedient, of two Ld-auitf the ohftirinim^ heranafter piovided, and such chairman shall decide'all points of foim

and order, and shall be assisted "by the assessors when elected in taking the votes and in ascertain' ing who may be entitled to vote, ac hereinafter provided, and in determining such matters, the chairman and each of the assessors shall have a vote respectively, and the decision of nny question whereupon they may differ shall be determined by a, majority. 8. On the several matters to be submitted to and decided on by the said meeting, as herein pro- | vided, the chair.man shall not be entitled to vote , unless there is an equality of numbers or any division, in which case he shall be entitled to a casting vote. ! 9. At such meeting, and after the election of nsserisors as aforesaid, all landowners within such district and all householders who "shall at the time . of such meeting have been resident within the limits so proclaimed a municipal district for six months next proceeding such meeting having been held shall be entitled to_ vote, and they shall thereupon proceed to the election of members and to the consideration of the several matters for which such meeting shall have been convened, and the votes of the majority of such landholders and householders as aforesaid present at such meeting shall be conclu-' sive as to any matter or question to be decided thereat by show of hands or other open voting, as the said chairman and assessors or majorty of them shall think fit, unless it shall appear to them desirable that the same should, be taken by a poll, and in such case it shall be lawful for the said-chairman.' and assessors or the majority of them to adjourn such, meeting to the next day, hot being Sunday, Christmas Day, or Good Friday, at eight in the forenoon, and on such day, at the hour aforesaid, a poll shall be taken and proceeded with, and shall terminate at four of the clock, in the afternoon of the same day. No person shall be capable of being nominated or elected a member of any municipal council under the authority of this ordinance, who shall not be resident within the district. No female shall be allowed to vote at the election of a member of any municipal council established under this ordinance. 10. On any poll to be taken as last aforesaid, ifc shall be competent for any person claiming to be qualified to vote to object to another person tendering his vote, and before he has voted, on the ground that such person was not a, landholder within such district, or,a,householder resident within the limits of such district for the space of six month* as aforesaid, and upon such objection being made it shall be lawful for the chairman and assessors to investigate the grounds of such objection and by^examination of-the persons objected to and objecting, and any other persons present or by any other evidence to satisfy themselves as to the validity of sucb/objection. And tlie decision of the said chairman and assessors or the majprity of them shall be final and conclusive in reference to any disputed, vote, and such chairman and assessors or the majority of them shall at such election make suck arrangements for appointing proper persons to record the votes of electors, the place where such votes are to be recorded, and the mode of voting, whether viva voce or by voting paper and otherwise for the due and equitable management of the election as to them shall seem most desirable. And such chairman and assessors shall forthwith after the termination of every such poll make out a list shewing the numberof votes given thereat, and the manner in which the same shall have been given and the result thereof and shall publish the same at the place whereat the poll was taken, and the said chairman and assessors or the majority of them shall make out and trarisrhitSto the office of the Provincial Secretary, a report.of the several matters and questions decided -,ati. sucE meeting toge-, ther with the list of the votes:^hen avpoll has been, taken as aforesaid, and on .the^e'ceipOhereof the said.report shall bep.ubli&hed^ndtfiuch publication shall : be final. ; and conclusiv6t:inify.efer«nce to the several proceedings hereinbefore! jdirected to be taken in regard .to any such electibiyjor..^proceedings notwithstanding any irregularity in'the proceedin^s. .-■:•.;.■•'>-. -...-.--!-.- «r. .-■-.•■ ■ . 11. So soon after the election of the members of the Council as convenientlymaybe, such members shall elect as and ■in manner they, may deem expedient from amongst themselves some one to be the chairman of.such Council, and.the person so elected shall continue to be the chairman un.til after the annual; election of members as hereinafter provided, when such chairman shall.retire from office but shall'if a member of such Council be eligible to be re-elected, ■„-,. i 12. The persons appointed or elected to be members of the Council shall retire annually therefrom 'in rotation, and if the Council shall consist of onlyfive then two shall retire, but if of seven then three shall retire from such Council. And the memberor members who had the least number of votes at the time of the first election shall retire first and so on annually, according to the number of votes each received until all the members elected at the first election shall have retired. After which the member or members who shall have been the longest period in such Council without having been re-elected shall retire and in case there shall be an equality of votes between any two members one of whom must retire according to the provision aforei said, or in case such members were elected without a poll being taken it shall be decided by lot who | shall remain and who retire, provided that; any I member of the Municipal Council retiring as aforesaid shall if otherwise qualified be eligible to be re-elected as a member of such Council. 13. At least twenty-one clays previous to the expiration of the year from the date of the last election of members of the Council., the chairman shall by public notice to be inserted in two consecutive numbers of the Government Gazette, and in the aforesaid newspapers, and alw> by affixing a copy or copies of such notice in some oonspicuous part ot one •or more places of public resort"within the said municipal district; call a public meeting of the ratepayers as hereinafter mentioned ot such district ioi the purpose of electing a member or members to "serve in the place of the member or members who shall retire by rotation from such Council as hereinbeforepmvided. and such noticeshall state the name or-names of the member or members so^™f». and the place and time of Elding wchmw fang, which place shall be some convenient loca >ty within the limits of such municipal district and the time shall be nine of the clock of seme day within.one the chairman rf the council for the time being shall persons in whose favour the show of hands shall have been decided, shall thereupon be declared-to be the member or members of .the muncpal council accordinlly. unless any candidate or six ratepayers S thereupon dissent from snch decision, and s all demand a poll, in which case such chairman a proceed on the next day, nob being Sunday, Good Friday, or Christmas- Day, to hold a poll and to cause the votes of the ratepayers to be recorded, and shall open such poll at nine o clock in the morning, and close it at four o clock in the afternoon of the same day, and such chairman shall have power and authority to take such steps .v» n,ay be necessary for the duly curymg out buA election, and shall, as soon as practicable, aftei me tie clos ng of such poll, declare the numbers each LaidateWotively^ candidate or candidates who shall Have been elected. [to be continued.]