MUNICIPAL CONFERENCE.

New Zealand Times, Volume XXXII, Issue 5107, 6 August 1877, Page 3

MUNICIPAL CONFERENCE.

Saturday, August 4. The Conference met at 10 o’clock. Present:—Messrs. Hobbs (in the chair). F. Sutton, Bamber, Fell, Ellen, Everett, Steward, Rowe, Thompson, Jack, Mnnro, Hamilton, Reynolds, Standish, Swanson, Murray, Seymour, Reeves, Hutchison, Dr. Rous and Mr. Manders.

The following motions were postponed, at the suggestion of the Chairman, until after a reply had been received from the Government to the letter forwarded to the Premier in reference to the basis of calculations upon which the deductions from subsidies to municipal bodies should be made ; By Mr. Ellen, —That in view of all the circumstances of the case, this Conference is of opinion that the fairest basis for deduction from municipal bodies would be the rateable value of such municipal or other district, independently of the amount of rate actually levied. . . . By Mr. Fell, —That m the opinion of this Conference, the cost of maintaining hospitals and charitable institutions in municipalities and road boards which will not come undar the Charitable Institutions Act, 1877, should be borne by the road boards and municipalities of that district. Such cost to be deducted from the subsidies payable to road boards and municipalities under the Abolition of Provinces Act, 1876, pro rata with the inhabitants of such districts. management of all hospitals and charitable institutions to be confided to the districts from which subsidies are deducted. BATING ACT, &C.

Mr. Steward moved,—That the Conference take into its special consideration the operation of section 9 of the Rating Act, with a view to suggesting such additions as may be deemed advisable. The section runs as follows “ Where any property is let for any term of less than six months, the owner shall be deemed to bo the occupier, and shall be primarily liable for the rates, and his name shall be entered in the column of occupiers in the valuation list,” After considerable discussion, the motion was carried, it being agreed that the_ recommendation should only apply to municipalities, and not to other bodies coming within the provisions of the Act. Mr. Monro moved,—That it is desirable to alter section 50 of the Rating Act, so that Interest may be charged against all arrears of rates. This was seconded, put, and carried unanimously, Mr. Hobbs moved,—l. That steps be taken to get clause XI of the Municipal Corporations Amendment Act, 1875, inserted in the Amendment Act, 1877, in lieu of clause 210 of the Municipal Corporations Act, 1876. 2. That

an amendment should be made to clause 37 of the Rating Act. to the following effect . “ Where any building shall consist of mo«than one tenement separately occupied, whe same shall or shall not be structura y s from the rest of the building, or sha o not have independent communication street, each tenement shall be deeme land within the meaning of section.J That steps be taken to obtain a re-enactment of section 13 of the Bankruptcy Act 1868. m order that the estate of any bankrup 7 primarily liable for rates. . H j Mr. Swanson pointed outthat m A when rooms were under one U 1 %■, i separately occupied, as in the ins “ r ® ,m „ ings where sharebrokers and agents had offices, they were rated and had to pay, an 7 a class of people who would not p y could help it. The motion was earned.

constitdtion"of municipalities. „ M. Ellen moved,—That the latter part ot clause 39, part 111, of the Municipal Corporations Act, he repealed ; and that the vo es for the election of Mayor and auditors be cumulative. The part proposed to be repealed read as follows-—“At any election of a Mayor or of auditors each burgess shall have only one vote, and .there shall be on lj polling booth at some central part of the borough.” , _ , Mr, Eveiiett moved, —That the Conference is of opinion that in clause 62 the following words be inserted after the words “or in: “ his absence by the chairman appointed by the Council.” Clause 62 is as follows “No person shall be capable of acting as Councillor until he has made and signed in the presence of the Mayor, or in the case of the Mayor in the presence of the Council, a declaration to the following effect :—‘ I, A. 8., do solemnly declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute the powers and authorities vested in me as a Councillor by virtue of the Municipal Corporations Act, 1876.” The motion was agreed to. At 1 o'clock the Conference adjourned until 3 p.m. On resuming, Mr. Sutton moved an amendment to clause 17 of the Rating Act, so that it should read thus :—“ The Clerk of the Assessment Court shall, not less than seven days before the sitting of the said Court, send to the local body a copy of every objection.” This was seconded, and carried. CORRESPONDENCE.

The Chairman read the following letters:— “Government Offices, “Wellington, August 4, 1877. “Sir, —I have been directed by the Premier to acknowledge his receipt of your letter of August 2nd, stating that the members of the Municipal Conference desire that a deputation should be allowed to wait upon the At-torney-General, for the purpose of ascertaining his interpretation of certain clauses of the Municipal Corporations Act, 1876. “ The Premier has instructed me to say, in reply, that the Government are anxious to give all the assistance they can to the Conference ; but that they regret they are unable to aid with advice upon legal points. The AttorneyGeneral and the Solicitor-General are the law advisers of the Government; and it seems to the Premier to be desirable that the Conference should, as far as may be necessary, seek independent advice upon such questions as the interpretation of statutes. —I have, &c., “E. Fox. “ J. E. Page, Esq., Secretary, &c.” „ . . “ Colonial Secretary’s Office, “Wellington, August 4, 1877- “ Sir, —I am directed by the Colonial Secretary to acknowledge the receipt of your letter of yesterday’s date, addressed to the Hon. the Premier, in which you request that the Government will be good enough to inform the Conference upon what basis of calculation the pro rata deductions for the maintenance of charitable institutions and hospitals out of 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. “ In reply, I am directed to inform you that the deductions referred to have been made in strict confoimily with the provisions of the 13th section of the Financial Arrangements Act, 1876. “The Government are unable to answer the question as to the deductions to be made on account of hospitals and charitable aid in the future, as that will depend upon the action of Parliament during the present session of the General Assembly.—l have, &c., “G. S. Cooper. “ J. E. Page, Esq,, Secretary, &c.” The Chairman said it appeared evident that the Government did not intend to furnish the required information. After some discussion as to what would be the best way to elicit the information, whether by getting a member of the House to ask the Government a question on the subject, or to give notice of motion, or for the Conference to appoint a deputation to wait upon the Government,

Mr. Jack moved that a deputation consisting of the chairman, the Hon. Mr. Reynolds, Mr. Steward, and Mr. Standish be appointed to wait upon the Government on Monday, to ask for a return of the amounts deducted from subsidies to municipalities for hospitals and other charitable institutions. PROPOSED AMENDMENTS. The Conference then proceeded to consider the following amendments proposed by the Auckland Municipality to Acts affecting municipalities, commencing at clause 7, the first six having been disposed of at the previous day’s sitting:— 1. Rating Act.—Where rate is not struck until long after valuation is made there should be power to rate new properties, right of appeal being granted to owners or others—say at quarterly sitting of the Assessment Judge. 1. Under the present Act, if a property is in the course of erection at the time of valuation (January) and finished in March, it cannot be rated in June or any other later month from which a general rate is struck, or a permanent special rate dates. 2. Fixed date for the payment of rates fourteen days before completion of burgess roll. The present system makes it almost impossible to compile a correct burgess roll if the requirements of the form and Act are complied with. S. Rowers to compel local bodies adjacent to cities or boroughs to put in force the Public Health Act. At the present time the Government state that they have no power. Districts closely adjoining boroughs may be a continual danger to them without power to enforce the laws of health.

4. Boroughs or districts desirous of joining a borough not to bo liable for any special loan rate expended other than for a gas or water supply, for which they are to be liable as soon as supplies are available to them, or are within 100 yards of any main. A provision to this effect existed in the Municipal Corporations Act of 1887, but was omitted from the Act of 1876., 5. Power to lease markets from one to three years. At present lessees complain that after taking all care to increase the market business, they are then ousted, or have to submit to competition from the results of their own industry, and that short leases are of less value and realise smaller prices. 6. Payments of all licenses to be made direct at the offices of the local authorities. Omitted to be provided for in the Pinancial Arrangements Act. 7. Fines and penalties under The Dog, Nuisance, Pawnbrokers, Publicans, and any other Act to be borough fund. Under the doubtful interpretations of the Financial Arrangements Act, the Government at present receive these, instead of the local authorities of each district. ' _ , 8. Clause 161: definition—Are Sinking Fund Commissioners to take over any sinking fund and securities in hand at the time of this Act coming into force ? A doubt arises under this clause, and it is impossible to obtain a decided legal opinion. Honorary Sinking Fund Commissioners do not approve of being troubled with labor appertaining to past matters. 9. Clause 292—Repeal of that portion of clause 292 prohibiting any council from establishing any gasworks. The power for munici-

palities to establish gas supplies or purchase interests of existing companies is nullified by the wording of the latter part of this clause, which requires repealing. 10. Where railways are established close to boroughs in new and sparsly settled districts, the Government to be liable for the making of approaches thereto. Large expenditure on neglected roads, resulting in injuring the receipts for traffic, result from the Government refusing to contribute to these roads. 11. Clause 234—Power to the Inspector of Nuisances to act by giving notice in cases of emergency. The Act speaks of council only, and if the Inspector acts in emergency he may be mulcted or frustrated if any action arises. 12. Clause 262—Any accidental damage to the waterworks to he made good at the cost and expense of the person causing such damage. Wilful damage only provided for by this Act. 13. Clause 311 -Council may by by-law hx a toll for all produce on market carts entering or delivering goods within the borough, not exeeeding sixpence, and may dispose of the same by public auction or private contract, Vendors refuse to go to the markets established, hut hawk goods under the name of delivery, and evade tolls and hawkers licenses and injure the markets. 14. The Sharebrokers Act, 1871, Amendment Act, 1872.—This Act requires amending, being unworkable ; also, all doubts as to the revenue being payable to the borough or district in which such license is issued should be 15. Power to hold, sell, mortgage, lease, or exchange any lands acquired for public undertakings. In many instances the provisions of the Public Works Act are not sufficiently clear, nor does it give the powers required by municipalities. The Conference considered that clause 7 was provided for in previous resolution. Clause B—The Conference considered the Municipal Council has full powers to deal with the question. Clause 9—The Conference did not see their way to take any action in the matter. Clause 10—The Conference came to the same conclusion with regard to clause 9. Clause 11—The Conference considered the Inspector had the power. Clause 12—The Conference considered the remedy was provided for by the Act. Clause 13—The consideration of this was postponed. Clause 14 —No action was taken by the Conference.

Clause 15—A resolution to the same effect was moved by Mr. Jack, seconded by Mr. Swanson, and carried. The Conference then adjourned until 10 o’clock on Monday (this day).