THE MARLBOROUGH RIVERS ACT.

Marlborough Express, Volume III, Issue 140, 17 October 1868, Page 4

THE MARLBOROUGH RIVERS ACT.

We are indebted to Mr. Eyes for a copy of the Hawke’s Bay and Marlborough Rivers Act, which was read a third time and passed in the House of Representatives on the 9th instant, and when the last mail left it was expected to pass the Upper House without material alteration. The Act is to be brought into operation on a petition of 50 owners or occupiers of lands, subject to the overflow of rivers, by proclamation in the Gazette. If no petition, then by a resolution of the Provincial Council. The proclamation shall state when it is to come into operation, define the boundaries of district, and state the number of conservators, which must not be less than three, or exceed six. . Owners or occupiers are to elect two-thirds of the Board, the Superintendent appointing onethird The Conservators are to remain in office three years. All rivers within the district are to be under the control of the Board, they may enter upon any lands, alter the course of any river or stream, may take compulsorily any lauds for the purposes of this Act, compensating the owners in accordance with “The Laud Clauses Consolidation Act, 1863.” All lands permanently taken are to be vested in the Superintendent, anil be a public reserVp. On all lands outside the limits of any town, a rate shall be levied, not exceeding 3s. per acre, and upon lands within, a town, a rate not exceeding Is in the pound on the annual value. All lands outside towns are to be annually classified by the Board, or some person appointed by them, and divided into three classes thus : “ (I.) Lands liable to great actual damage. “ (2.) Lands liable to less actual damage, “ (3.) Lauds not liable to actual damage.” The rates are to be levied in proportion to class, thus—- “ Class I shall be rated at double the amount per acre, payable by class 2. “ Class 2 shall be rated at one-half the amount per acre, payable by class 1. “Class 3 shall be rated at one-fourth the amount per acre, payable by class 1.” The Board may classify the lands themselves, or appoint some fit person to do so. They may also assess land in towns themselves, or appoint assessors. Such classification and assessment to be advertised as open for inspection for 21 days. Persons aggrieved may appeal upon the following grounds only : “ That the classification does not fairly specify the actual liability to damage of the land of the appellant. “ That the land of any person is assessed below its full annual value

“That the land of the appellant is assessed beyond its full annual value. “That any land liable to be classified or assessed is omitted from the classification or assessment.”

Justices are to hear appeals, and their decisions to be final Costs to be paid by either party as determined. Clause 30 is as follows : “ All rates payable under this Act shall in the first instance be paid by the occupiers of the property rated ; but where any occupier shall hold the land rated for any term of which less than five years sh.dl be unexpired, he shall be entitled notwithstanding any contract to the contrary, to deduct such rate from the rent payable by him to his immediate landlord, unless by virtue of such contract he shall either during, or at the expiration of his term, be entitled or compellable to purchase such land.” Rates are to be paid at some place appointed by the Board within 21 days after the lists are completed and published, and may bq summarily recovered.

The Board may borrow money on security of the rates, provided that all such monies shall be repayable in not less than 10, or more than 15 yearly instalments, exclusive of interest. Special rates may be levied for the repayment of such loans.

All works exceeding £lO shall be let by contract ; and all such exceeding £SOO, shall be submitted to the Superintendent for approval, who will have power to veto such works.

Persons entitled to vote after the first election shall have outside towns :

“ For less than forty acres of land, one vote ; for forty acres and less than one hundred acres, two votes ; for one hundx-ed acres and less than two hundred acres, three votes ; for two hundred acres and less than five hundred acres, four votes ; for five hundred acres and upwards, five votes.” Within towns :—•

“Under two pounds, one vote; above two pounds and under five pounds, two votes ; above five pounds and under fifteen pounds, three votes; above fifieeu pounds and under thirty pounds, four votes; thirty pounds and upwards, five votes.” Members of the Board are not to be contractors under it.