MUNICIPAL CONFERENCE.

New Zealand Times, Volume XXXII, Issue 5105, 3 August 1877, Page 2

MUNICIPAL CONFERENCE.

Thursday, August 2.

■ The Conference met at 10 o’clock. Present—Messrs. Hobbs (chairman), Standish, Everett, Hutchison, . Reynolds, M.H.R., Steward, Ellen, Bamber, Fell, Sutton, Rowe (Thames), Page (secretary). ; The minutes of the previous meeting were read and confirmed. MR. standish’s motion.

: Mr. Standish moved, —That the Chairman write and request the Government to be good enough to inform this Conference upon what basis of calculation the pro rata deduction for the maintenance of charitable institutions and hospitals out of the subsidies payable to municipal corporations have been made and are intended to be made for the future, and whether the subsidies payable to county councils and road boards have been and will- be liable to the same deductions. The mover pointed out that injustice had been done to municipalities in the past by the Government in the matter of the deductions fiom subsidies, but it might be that in the future the Government intended to do what the municipalities desired/ and therefore he thought, before going further into the matter, it was most desirable that they should be informed upon what basis the Government proposed to make the deductions. ; Mr. Ellen seconded the motion, which was carried.

i Mr. Standish moved, —That the Chairman He requested to communicate with the Government, asking them to postpone until Tuesday the passing of the Charitable Institutions Bill now before Parliament, in order that the suggestions made by this Conference, now met to consider and discuss matters relating thereto, may be taken into consideration, and if they meet with the approval of Parliament be embodied therein.

Mr. Steward seconded the motion. : Mr. Fell said he thought the proposed Charitable Institutions Bill would be a dead letter as regarded the small boroughs, which would not be incorporated, as proposed, under clause 3. The Chairman quoted from the Financial Statement of the Colonial Treasurer to show that the Government intended, where the Act was not brought into force, to deduct from subsidies as they had done before. Mr. Reynolds' considered this was a violation of the Abolition Act ; but he was of opinion that the representations made by this Conference would carry weight, and that their suggestions would be carried out; otherwise the provinces had been abolished on false pretences. . . The motion was put and carried. WESTPORT. The Chairman read the following letter from the Town Clerk of Westport to the Town Clerk of Christchurch “Westport, 21st June. “ Sir, —In reply to your letter of ttie 25th ult., I have the honor to forward you a copy of a resolution adopted at a meeting of the Westport Borough Council on the 13th inst.j which is as follows ‘ That this Council approves of the efforts made by the Christchurch City Council in seeking to obtain an equitable adjustment at the hands of the Government of the subsidies payable to charitable institutions as between town and country districts. The Council is not prepared to send a delegate to the proposed Conference, but will fix the contribution due pro rata by counties and boroughs for the maintenance: of hospitals upon some definite principle, either upon their

respective revenues or upon the number of patients received into the hospital from the municipal or county districts, and that the management of the hospital and charitable fund be undertaken by a joint committee of borough and county members who are responsible to the ratepayers.’ I have likewise the honor to request that your delegate at the Conference (Mr. Hobbs) will kindly represent this Council, and endeavor to have the terms of the foregoing resolution given effect to on the recommendation of the Conference.—l have, &c., T. S. Dempsey, Town Clerk.” MUNICIPAL CORPORATIONS ACT. The Conference next proceeded to consider in committee what amendments should bo made to the above Act, with a view of bringing the matter under the notice of the Government, who should be requested to bring in a, new Act this session/amending the clauses deemed defective. , The Chairman pointed out that clause 11 was defective.: That clause ran as follows: All fines and penalties imposed by this Act, or any by-law made under the authority thereof, may, unless the contrary is expressed, be recovered before any two justices of the peace in a summary manner. The Borough Solicitor of Christchurchpointed out that this rendered it very doubtful if the Resident Magistrate had jurisdiction, and he suggested that the following addition should be made to the clause:—“ When anything may be done by two justices under this Act, the same may be done by any ResidentMagistrate.’’ Mr. Stasdish moved that the proposed amendment be made. This was seconded, put, and carried. Mr. Standish suggested that clause 345, which was as follows, required amendment, so as to give full power to municipalities to make by-laws;—Every by-law repugnant to any Act or Ordinance of the General Assembly or any Provincial Legislature for the time being inforce in the borough shall be null and void. Mr. Sdtton thought the clause might bestruck out altogether. Municipal by-laws must be approved of by the Governor before being brought into force, and therefore care would be taken that no by-law would be brought into opperation which was regugnant to law. On the motion of Mr. Standish, seconded by Mr. Sutton, it was resolved that action betaken to have the clause,repealed.Mr. Hutchison suggested that clause 341, providing that the Governor may disallow by-laws within six months after receiving copies of them, should be struck outHe considered it : very unsatisfactory that after a. municipality had gone to a great deal of trouble to pas? : by-laws which they deemed after full consideration to be necessary, they should be set aside by some official or other sitting in these buildings, who very likely, knew nothing of the matter, for that was. what disallowance by the Governor really meant. He protested against the Government interfering at all with any of the by-laws, but said: he should not make any formal motion on the subject.Mr. Thompson moved an amendment of sub-section 2, clause 17 of the Act, providing that a district to be proclaimed a new borough must contain a population of not lessthan 250 resident housesholders. He thought it desirable.: that smaller places should be incorporated. He moved,—That in the opinion of this Conference the number of resident householders in a district proposed to be formed into a borough should be reduced from 250, as provided by the Municipal Corporations Act, 1876, to 100. ' ’ Mr. Standish suggested an amendment by the addition of the words—“ Provided that the boundary of such district be distant at least five -miles from any other existing borough, and that in such a case the figures 100 be altered to 50.” Mr. Thompson said he would accept the amendment. ' ; The motion as amended was then put and carried. Mr. Ellen drew attention to clauses 69, 66, and 67, providing for the constitution of the council, and moved that the Chairman and Mr. Standish be requested to wait on the Government, asking for the opinion of the Attorney-General on points submitted by the Conference. This was seconded by Mr. Thompson, and carried. Mr. Hutchison moved, —That the AttorneyGeneral’s opinion be taken as to the power conferred on municipalities by clause 223 to take lands outside the borough for the purpose of making drains. ; ' This was seconded by Mr. Thompson, and carried. Mr. Ellen drew attention to clause 30, relative to the adding to a borough any part of the foreshore. Mr. Stewart called attention to clause 120, and moved, —That it be recommended to the Government that a clause be introduced in any amending Bill, providing’for the extension t& the municipalities enumerated in the 3rd schedule of the Act, the exemption as regards receipts not being liable to stamp duty provided for as regards other corporations by section 120 of the Municipal Corporations Act, 1876. Mr. Hutchison seconded the motion, which was carried. INVERCARGILL. The following telegram was read: —“ The Invercargill Council is very anxious that the clauses in part 9 of the Municipal Aet should be amended so as to allow a general rate to be as high as 2s. in the £, providing that the total of the general and special rates together, when the latter were levied, did not exceed 2s. in the £.” _ ■ The Chairman said he did not think it would be desirable to ask for extended powers of rating. If permanent works had to be made a loan should be raised. With regard to municipal revenue, a good suggestion had been made that muuicipahtiea might give up the Government subsidies if the Government would give them a good land endowment. ; Mr. Hutchison was of opinion that the question should be left to the ratepayers themselves, and pointed out that a rate of Is. in the £ was insufficient in many cases. After some further discussion, it was agreed that it was not desirable to recommend the alteration suggested in the telegram from Invercargill. AUCKLAND. The Chairman announced that the Municipality of Auckland had appointed Mr. W. Swanson, M.H.R., their delegate. The Council adjourned at 1 o’clock until 10 o’clock next morning.