THE MUNICIPAL CORPORATIONS ACT, 1867.

Marlborough Express, Volume III, Issue 103, 22 February 1868, Page 1 (Supplement)

THE MUNICIPAL CORPORATIONS ACT, 1867.

After the strong recommendation for ability which the articles that appeared in the Nelson Examiner , received from one of the speakers at the late meeting, it appears to us that we cannot do better than extract therefrom such portions as are at all likely to apply to Blenheim. We have before enlarged upon the principal feature—namely, the rating clauses, so that the following analysis will be sufficient for the purpose of enlightening our townsmen. “ The boroughs to be constituted under this Act are of two kinds: “ original boroughs,” that is, those towns which adopted a municipal organization under the authority of provincial laws; and “ proclaimed boroughs,” that is, those which, not having previously been under a Municipal Council, Town Council, or other analogous body, petition for and receive a constitution under the present Act. The Act will be brought into force by a proclamation of the Governor, on the petition, in the case of a district already constituted a borough under provincial laws, of not less than fifty resident householders, [as for example the Blenheim Board of Works, J in tlie case of a. new district, of not less than a hundred ; unless, within two months from the receipt of the petition, -a counter-petition signed by an equal or greater number of resident householders, shall be presented. The boundaries of the district are to be specified in the petition, and a new district is not to exceed nine square miles in area, or to have any one point more than six miles distant from any other point, or a population of less than 250 householders. In the original boroughs, the municipal constitution under the provincial laws is to lapse on the first election under the new Act, but all property rights and liabilities of the former governing body are to pass to the new corporation, and all rates due, or penalties incurred, under the old system, will still be recoverable. On the petition of one-fourth of the ratepayers in an original borough, the Superintendent may divide it, by proclamation, into three separate wards. The Governor may, by proclamation, after due notice, annex to a borough any adjoining district, not being more than nine square miles in area, not included in ony other borough or road district. When any petition for incorporation has been duly signed, it is to be forwarded to the Superintendent of the province in which the district is 'situated, and if he assents to it, the Governor may take it into consideration; hut if the Superintendent dissents, the petition is to be laid before the Provincial Council, and should a resolution be passed approving of the petition, the Governor may take it into consideration, although opposed by the Superintendent.

The second part of the Act provides that the Council of a single borough shall consist of nine members. When an original borough is constituted under this Act, the councillors then serving as members of a Municipal body or Town Board under the provincial laws, are to continue councillors (although the whole number may, according to the Act, exceed the normal number of the Council) until the second Thursday in the September following, when any excess of councillors are to vacate their seats. On the same day one-third of the. councillors are ,to retire annually in rotation'; and in the case of a borough divided into wards, one-third of the number for each ward, but all councillors so retiring are eligible for re-election. No person can be elected a councillor who did not hold or own property of the rateable value of £25 a-year on the last 20th of June, or who holds any contract or office of emolument from the Council, nor any person who is an undischarged bankrupt, or who has been convicted of an infamous crime, or is of unsound mind. Anyone serving as councillor who is legally incapacitated from so doing is liable to a penalty of £SO. By part IX., power is given to the Council, or any two members acting on its behalf, to enter into conti'acts, which, in case of matters involving over £IOO expenditure, are to be given by tender.

Part X. empowers the Council to appoint ami pay a Treasurer, Town Clerk, and

whatever other officers are necessary for the working of the Act.

. Regular accounts are to be kept in such, form as the Superintendent thay appoint, and are to he open for inspection by all ratepayers and creditors of the body corporate.

Any summons or writ requiring to be served upon tbe Council may be served upon the Town Clerk, who is also empowered to act for the Council in any legal proceedings, civil or criminal. Part XIII. gives power to the Council to adopt the by-laws, or any part of them which are contained in one of the schedules to the Act, or to make any other by-laws which may be necessary for the good rule and government of the borough, and to impose penalties not exceeding five pounds for any one offence. Upon the adoption of any by-law any previous ordinance on the same subject will lapse, but any acts commenced thereunder, or liabilities incurred, will still hold. No by-law will have any force which conflicts with the law of New Zealand, or until it has been published in the Gazette of the province. The subjects to which the by-laws in the thirteenth schedule have reference, are the same that are ordinarily dealt with by municipal bodies, such as obstructions to foot-paths, numbering of houses, the deposit of rubbish in the streets, waterworks, wharves, libraries, public gardens, buildings, tire prevention, nuisances, conveyances, lighters, &c., on all of which subjects the Council may make such' regulations, within the powers given, to it by the Act, as shall seem fitting.

The ordinary revenue of the body corporate is to consist of rates, tolls, and any money which may be appropriated to its use by the Assembly or Provincial Council.

By Part XV. all land, the property of private persons, is made rateable, but all Government land, or lands and buildings used for any public purpose, churches, chapels, hospitals, &c., are exempted. A general rate, not exceeding one shilling in the pound of the annual value of the property within the borough, is to be levied in each year; and separate rates not exceeding sixpence in the pound may be levied in particular localities, for works which especially benefit such localities. A statement of the proposed rate with the amount due from each person is to be open for public inspection, and any necessary alterations may be made by the Council. A valuation of all rateable property is to be made within four months of the constitution of any borough, and in no case is the annual value of property to be computed at less than five per cent, upon the fair capital value of the fee simple. A power of appeal is given to persons who think themselves unfairly rated, and the Court may, if it see fit, order an amendment of the rate. All rates which are more than fourteen days in arrear can be recovered in the Resident Magistrate’s Court, and, if necessary, the “Sale of Land for Non-payment of Rates Act 1862,” may be enforced.

The next part of the Act empowers the Council of any borough to raise loans and to issue debentures secured upon special rates, but no loan is to be raised except for permanent works, and the whole debt of any borough contracted in this way must not at any one time exceed five times the amount of ordinary rates levied in the preceding year. A special rate, levied to meet the interest and sinking fund of a loan, is to continue in force until the loan is paid off \ a valuation of the property in the borough is to be made every year, and the special and general rates must never exceed at any time one shilling in the pound, and the special and general rates together must never exceed two shillings in the pound.

Part XVII. provides for the maintenance of the streets, bridges, and ferries situated within, or partly within, any borough. Power is here given to the Council to alter, repair, or widen any street and to order that any new street, or on petition of the holders of the property facing it—any private street shall be a public highway, also to construct bridges, water-courses, and ferries. The Council may also (with certain exceptions) make a temporary road through piivate property during the repair of a street, and take materials for the maintenance of and construction of streets, on the payment of com-

pensation to tike owners of the property, and may require the alteration of any gas or water-pipes. Tolls may be levied at any toll-gates or ferry-houses which the Council may establish, but the rates of toll must not vary from those which are from time to time prescribed by the Superintendent m the Gazette of the province. Where any road or ferry is in such a state that it cannot be used, the Superintendent may suspend the toll until it is put in proper order. The Governor, the Superintendent, officers and soldiers in uniform, the police, clergymen, and, in certain cases, other persons, are exempt from paying toll. The next part of the Act deals with the burgess rolls, and contains a large number of minor provisions for their due revision. Any person who is of age and the owner or holder of rateable property in any borough or ward of the annual value of £25, is entitled to one vote in that borough or ward; if the property is worth more than £SO, and less than £IOO per annum, he is entitled to two votes ; if more than £IOO. and less than £l5O, to three votes \ if more than £l5O and less than £250, to four votes j if over £350, to five votes. The rolls are to be made out by the 30th of June in each year by the Town Clerk, from the list of ratepayers, and are to be open for inspection. A revision court is to be held by the Mayor and two assessors during the third week in August. Part IY. makes provision for the election of the Councillors in the various boroughs. In a new borough the first election is to be held within forty days of the proclamation, and the whole number of Councillors are to be elected. Subsequently there is to be an annual election of one-third of the whole number of Councillors to supply the place of those retiring. If a burgess roll has not yet been prepared the electors are to be all persons enrolled under the “ Registration of Electors Act, 1866.” The elections are to be presided over by the Mayor, or in case of his absence or refusal to act, by a person to be appointed by the Council or Superintendent. The names of the candidates nominated are to be posted up, and if there are more than the necessary number a poll is to be taken. Yacancies occurring other than by the annual retiaement of Councillors in rotation, are to be filled up by election, within twenty-five days of their occurrence. Where a borough has been divided into wards, there are to be separate elections for every ward. By part Y. of the Act, it is provided that there are to be elected on the Ist of every March, two Assessors and two Auditors, the elections to be conducted in the same manner as for the Council. No person can serve as Assessor who is not qualified to be a Councillor, but he must not be a Councillor, Town Clerk, or Treasurer. The election of a Mayor is to take place at the first meeting of the Council of a newly established borough, and subsequently at the first annual meeting. The Mayor is to be chosen by a majority of the Councillors, and must be on the burgess roll, though not necessarily a Councillor, but after his election as Mayor he is to be a member of and preside over the Council. Any person chosen Mayor may be appointed a Justice of the Peace during his Mayoralty. The seventh part of the Act deals with the proceedings of the borough Councils. An annual meeting is to be held on the third Wednesday in every year, and ordinary meetings for the transaction of general business at any time that the Council may appoint. Any Councillor voting on a matter in which he or his partners have a pecuniary interest, is liable to a penalty of fifty pounds. The other proceedings of Council are to be conducted in a very similar manner to those of the various Provincial Councils.

If the election of any person as Mayor, Councillor, Assessor, or Auditor, or his qualifications for election are called in ques*tion, any Judge of the Supreme-Court may grant a rule or order calling upon such person to show cause why he should not he ousted from his office, and may make absolute or discharge the yule, according to the circumstances.

All public sewers and drains within any borough are to vest in the Council, who may also construct under the streets any new drains or sewers which may be necessary, and in certain cases, drains from

houses or lauds belonging to private people at the cost of the owners. The Council may further make provision for the lighting of the streets.

The Act empowers the Council to deal with fires; to lay on any works necessary for this purpose; to appoint fire-inspectors; and to remunerate any association for the extinguishment of fires. A fire-inspector may take the command of any fire-brigade and may enter upon any premises, or order any building to he pulled down with a view to extinguish a fire ; and all damage done in this way is to be deemed damage by fire within the meaning of any policy of insurance against fire. Notwithstanding any provision of the Act, the Governor or Superintendent has power to construct or repair roads, bridges, and works of any kind whatever in or through any borough that he may think fit, and any road, work, or building, not constructed or executed by the borough Council may be excepted from its 'control by a proclamation from the Superintendent. The last clause of the Act makes it lawful for the Superintendent to extend, by proclamation, any complete part or parts of the Act to any city, town, or place, within his province, which was incorporated under any Provincial Ordinance at the time of the passing of the Act.