AN ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT AND REGULATION OF MUNICIPAL CORPORATIONS.—

Nelson Examiner and New Zealand Chronicle, Volume I, Issue 10, 14 May 1842, Page 39

AN ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT AND REGULATION OF MUNICIPAL CORPORATIONS.—

Pasbbd Jan. 18, 1842. {Concluded from our last.']

Proceedings to be public. — 54. Every meeting of the council shall be open to the public. Chairman. — 55. At every meeting, the mayor, if present, shall preside; in case of his absence the council shall elect a chairman. Casting Vote. — 56. The mayor or chairman shall have a second or casting vote, in case of equality of votes. Minutes.— s7. Minutes of the proceedings of every meeting shall be entered in a book to be kept for that purpose, and shall be signed by the person presiding at such meeting. Open to Inspection. — 58. Every burgess shall be at liberty to inspect and make extracts from the books 60 to be kept, at all reasonable times, upon payment of a fee of one shilling for each inspection. VI. APPOINTMENT OF COMMITTEES AND OFFICERS. Committee.— s9. It shall be lawful for the council of any borough to appoint out of their own body such and so many committees, either of a general or a -special nature, and consisting of such number of persons as may seem fit for any purposes which, in the judgment of such council, would be better managed by means of a committee : provided always that the proceedings of every such committee shall be submitted to the council for its approval. Town Clerk and Treasurer.— 6o. It shall also be lawful for the council, from time to time, to appoint fit persons (not being members of the council) to be town clerk and treasurer, who shall hold office during pleasure; and also to appoint such other officers as they shall think necessary for enabling them to carry into execution the provisions of this ordinance, and to pay all the officers so to be appointed such salaries as the council shall deem reasonable. Constables.— 6l. It shall be lawful for the watch committee, or, if there be no such committee, then for the council, to appoint a sufficient number of fit men (removeable at the pleasure of such committee or council) to act as constables for keeping the peace by day and by night, who shall, within the limits of the borough, have all such powers and privileges and be liable to all such duties and responsibilities as any constable may by law have or be liable to, and shall obey all lawful directions touching the execution of their office, which they may from time to time receive from any police magistrate having jurisdiction within the borough. Oath. — 62. Every constable so to be appointed shall be sworn in by the mayor of the borough. Numbers to be reported.— 63. The watch committee, or the council of the borough, as the case may be, shall, in the month of November in every year, transmit to the Colonial Secretary a report of the number and situation of all station-houses in such a borough, and of the number of constables, and of the description of arms, accoutrements, and clothing, and other necessaries furnished to each, and of the sala-. rieß, wages, and allowances payable to them, and also a copy of all rules and orders made for their regulation and guidance which shall have received the sanction of such police magistrate. Police Office.— 64. The council of every borough shall, within six calendar months after the first election, provide a suitable office, to be called the " Police Office " of the borough, for the purpose of transacting the business of the magistrates having jurisdiction therein, and shall at all times maintain and uphold the same and defray all the necessary expenses thereof : provided '>at no room in any victualling house, or hous .a which ale, wine, or spirits shall be sold, shall be used for such purpose. Borough Ga01.— 65. The council of every borough shall also, within the period last aforesaid, provide, and afterwards maintain &*■ the expense of the borough, a suitable-building, to be called the " Borough Gaol," for the safe custody of persons awaiting their trial for offences committed within the borough, and all such offices as for Buch purpose shall be necessary. Cost of Criminal Prosecutions.- r -66. After the expiration of twelve calendar months from the first election in any borough, the costs of all prosecutions for offences committed or supposed to be committed within the same shall be paid out of the borough fund hereinafter mentioned, upon an order of court directed to the treasurer of such borough: provided always that so soon as any borough shall have become liable to such payment, all ratable property within the same shall be exempt from contribution to any county rate for the defraying of the like costs in respect of offences committed or supposed to be committed beyond the limits of such borough.

VII. BOROUGH BATE, TOLLS, AND DUBS. Borough Rate. — 67. For the purpose of raising the means for carrying into effect all or any of the powers hereby given to the council of any borough, and for the payment of all salaries and the defraying of all expenses hereby, required to be borne by any borough, the council shall have power, so often as shall be deemed necessary, to make and levy, in manner hereinafter provided, an equitable rate of assessment, in the nature of a borough-rate in England, upon all real property within the limits of the borough. By whom to be paid.— 6B. The rate shall be paid by the occupier of such property, or in case . there shall be no occupier, then by the owner thereof. Valuation. — 69. For such purpose the cotnfcL . cil shall, as often as may be deemed necesscßK cause a valuation to be made of all the ratable property within the borough, and «hall cans*.

thY %ame to bbye y published in < one of the newspaper* 1 6f the borough. Atmtfment. — 70. The council shaH, as often as need may be, make an estimate of the amount of money required, and shall assess the boroughrate accordingly, and shall give public notice thereof in like manner. Appeal. — 71.7 1 . At any time within one calendar month from and exclusive of the day of the date of such notice, it shall be lawful for any person who shall think himself aggrieved by any such rate, to appeal against the same to any justice of the peace having jurisdiction within the borough, who is hereby authorized to hear and determine such appeal : provided that two clear days' notiqe in writing of every such appeal shall be given to the town clerk of the borough, specifying the time and place for the hearing thereof. Collection of Rates. — 72. At the expiration of the period allowed for appeal, the council shall appoint fit persons to collect the rate due, which shall, on non-payment thereof, be recoverable at the suit of any such collector, by summary proceeding before" any justice of the peace having jurisdiction within the borough; leviable by distress and sale. . I Arrears. — 73. In case it shall be impossible t6 levy tfijg rate due by reason of the property ratable being unoccupied or otherwise, the arrears shall, at any subsequent time, be leviable upon the goods which may be found upon such property. Tb be published. — 74. The council shall, once in every year, publish in one of the newspapers of the borough a. statement of every sum so in arrear, and of the property in respect of which the same is due. Borough, Fund.. — 75. All moneys raised by any borough-rate, all fines and fees payable under the authority of this act, together with all Bums which may be paid to the treasurer of the borough on account of the corporate body thereof (other than the tolls and dues hereinafter mentioned), shall form a fund, to be called the "borough fund," out of which shall be paid all costs, and expenses, for the defraying whereof a borough-rate is hereby authorized to be levied. "To levy Tolls, Sfc. — 76. It shall be lawful for the council to impose such tolls or dues as may be reasonable, upon all persons making use of any road, bridge, market-place, dock, basin, wharf, lock, quay, pier, or landing-place, which the council is hereby empowered to make and' maintain ; and, in case of the non-payment of such tolls and dues, to levy the same by distress and sale. " May borrow Money. — 77. For the ptfrpb.se of executing any of the works last mentioned, it 1 shall be lawful for the council to borrow such sums of money as may be requisite, "upon the; security of the tolls or dues to be taken in* respect of such work. Application of Tolls, $c.—7B. The tolls or' dues to be taken in respect of any one of the; works shall be applied exclusively in defraying the expenses thereof, and in repayment of the' moneys borrowed for the executiou of the same. Yearly Audit. — 79. The treasurer of every borough shall, in books to be kept by him for that purpose, enter true accounts of all sums of money by him received and paid, and of the' several matters in respect whereof BUch'sumB 1 shall have been received and paid j all Stfch' accounts, with all vouchers and papers fela f tihg thereto, together with a full abstract or balance' sheet thereof, shall yearly, at such titae. as the' council shall appoint,, he submitted by him tp; the auditors and to such member of the council as the mayor shall' name, for the purpose df' being examined and' audited. Balance 'Sheet to' be published. — Such abstract or balance found correct, shaH be signed by the auditors,! and shall be forthwith published by the treasurer' in one of the newspapers of the borough. Penalties. — 80. All penalties imposed by this, ordinance, or by any bye laws to be made tinder the authority thereof, shall be recoverable'witmW three calendar months after the same shall haye i become payable, or after the commission of the 1 offence,, by summary proceedings before any 1 Justice of the p«ace having jurisdiction 'within the borough: to be levied by distress and sale. Witnesses. — 31. No person shall be deemed An incompetent witness upon any such summary proceeding, by reason of his being liable to contribute to any borough-rate. Her Majesty* Dockyards, SfC. excepted. — BS. Provided always that no dockyard, victualling establishment, arsenal or barracks belonging to her Majesty, which shall be situated within the limits of any borough, shall be deemed 'to be parts of such borough for any of the purposes of this act. FORM OV CLAIM. to Mr. A. B. I hereby give you notice that I ckinvto have my name put upon the burgess-roll for the borough of Dated the day of in the year G. D. (Place of abode and I business of claimant. Passed the Legislative Council i this 18th day of January, 1842. >

Stdnct Lsoisx.ATrTsCouiroii.~His Excellency the Governor has issued his summonses <to the members of the Legislative Council to meet on Tuesday the 10th of May. It is thought tfiat the .suing session will be one of the most important lt.4t the Council has ever had, for, independent of the Municipal Corporations Bill, which will, it is thought, be one of the fint measures oat are bjought under its notice, there are many other matters of urreat weight SBdhnoccteacefor itseoiw

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