PROVINCIAL LETTERS, No. 2. TOWN BOARD ORDINANCES.

Otago Daily Times, Issue 296, 1 December 1862, Page 5

PROVINCIAL LETTERS, No. 2. TOWN BOARD ORDINANCES.

(!fothe Jsditqr (if the Daily Tups.) S;n, —Though fhey h,ave b,qrroy/ed the na.me of sq celebrated a work as the '■' ' I'rbvincial Letters,' 1 the object of this and a few other communications with' which I purpose to trouble you, is very simple, but will prove, I trust, as useful as it i 3 unpretending. I desire to present to that large class of your readers who Juiye la.te.jy. come amongst; "^ and to the equally largei class; of oide:r resideiits who' are grievously ignorant of 'the laws they live under, a digest land critique upon the Provincial' Statute ftboH, if dil||Qul^ qfyijfcj^qeqfc is tQst % mation offerecf shoqld, te Qf y^e, J comm.en.cl to any one who doubts tto a. d*y'a search after' the Ordinances of the Provincial Council. No doubt his legal adviser has a copy of them, but if the searcher desires to have them for himself he will find that at any rate just now, tooy ft«e not to be hatj fta; mqne}. iy this a $ew ae^tqa has commenced; the firs^'ginog fte tost half of the population of the province became settled enough in their new homes to take any thought of public matters, this is particularly unfortunate. We can afford now to indulge in the luxury of a Government Printing Office, $nd £ hp*i& thjofcgrhpat fl |e coiQnjos: '|;1$ h# JitwJtyg proved; a r-atuer expensive little department, it is not likely to be more costly in the end than the present system, and would ensure to us the possessiou of any document of importance whenever private interests, or an outburst of patriotism, led 'm to unpocket the. prescribed ' pei\n^ pet* sheer, '• '• ' '*• ■*■ ''•'■ ,» '-*- 1 •• ' * : ■ " My object being thus somewhat of a charitable one, I remind myself of the old " charity begins at home," and devote this letter to the Ordinances, which relate especially to the botch of a municipality which \se ej.sjqyin'l^uur e.d}n.' Vn Mety ti&£st\yelve "picked men, no doubt tlie Wisest and beat of her citizens, will take the rule over our city. It is well that they should know what the laws are, "by whose action they are elected to their place of trust, what powers are given them, what duties laid upon them, v/h.at mqney they aye ?<hle \«q take Qut ; <jif out*'pockets, and what'ohtince1 their'is of being rid of them if they prove an old man of the mountain on our shoulders. The Ordinances wliicli relate to our subject arc the <■ - - Dunedin Tiowq l^oard. Ordinance, \855 l^unedWllbadsaui iitVeets. QVdinance,' \8. rjs. ' ' Do. " " ' do. 1861. Local Municipal Estate Ordinance, 1857, And the Dunediu Improvement Ordinance ... ISG2. As the last named Ordinan.ee repeals ltyiny of tl^e provisions o^f its predeccs.sors,' ifc is only the general rei.ulj; of. kll tlie Ordihanc'es thai concerns us;:' Eighteen of lthe' sixty-one''Sections' of the Improvement' Act' are' employe^ in remodelling the mode" of election of members of of the Board. Why so much legislation was thought necessary on this subject probably we shall never learn. I wish I could procure for your readers the original draft of section 10 which definestiw "mode of elgetjqii of members'." 'Qn tl^e margin ot'oue of the copies to tlie members of Cjoiilicil may' be tbun'd no cloubt to this 'diiy the'auggested substitute to this 'clause, "The returning officer snailc;lose the poll \7hen l;e'i^tids if iibqve:>'in the 'hand writ Ing 61' one of the "most rising politicians in the Southern Island" as I heard him called some tisne ago. Many of the complications of the clause disappeared in the furnace of the committee of the whole house, but its really obnoxious element was retained. Lc;t the clause sp.ealy fta; itself'; —r <\ByQvy such cltfctiou^s'*'5 '*' ■■•'■' :■■"sfiall continue tili;elevc-n"6'clock:of the said day, after which no new candidate shall be voted for ; and if at " 11 o'clock" the names of not more persons than the number to be elected shall be inscribed" " the election shall be declared to be p.t an end 5 but if the names of more persons than be el'ecteil'sluill bje'so in^cribe(!,'£hen!'tHc!.siiid<'boolv sl\alt remain 'op,'e,iV 'till' 4" q'clqc'i?,"" ' JrovidoiX always tiiat it shall be in the power of the persons voted for, by a writing under their hands to terminate polling at any time of the day after 11 o'clock they' may think proper." The brain which invented this intricate style of election will I trust long be spared to. make- li;s.fcvo^s." ai^r ejs|ijte ty°H ft-nd gtr dawa1' b.eh6ath some future g'rfcy1 hairs' to 'tlie grave in the .pay of the Province. It is difficult to conceive the object of all this, except it be the same as that of the pithy substitute above mentioned. But the real result of it (whether thd uUjjwJi c^esire'd or ndtf'must be to disfranchise the •working1 inan,wh6se "only Cime for ydiing 'is"" generally between 'twelve ■ and' one 6'clobk. Is it fitter' all a little'cohservatWe' dod[ge to NinitTgatd' the1 effects ttf-'^ii' ek'tonsive'suftrage?" Ttheiie'iQ another olemenc in this Ordinance the character of whi'ih might increase the suspicion of this object. I mean the interfering powers of the Superintendent, which we shall have to consider presently. Let the working-men of Duoedin u.Gto th^t, if their, f&YQViito ca.ndiqato v> hot Yot:e^*f6r*by sonic 6ne nbfefove eleven a.ih.' on5 'Monday next, his chance U' at an" end for twelve months. And, figairt, let them note that that if he is fourth on the lisfat a quarter to twelve, he may perhaps be"'bamboozl^l by his: more ■^b'rt^nafc^ oarituqat^is into jofuing' them to close the'voting jus^ before iliey Van glt'o'u't 'to'pM' liiiii at tlie neatl of !tlie P&1 ■:•=.?■ •• '.•• ■' ' ■■■■>. ' lii the matter; of elections to tl^e bo^ : t^ie priacipal pLi ovis:ioß.s ot '$b& '^v^m^Wi ai?b,~ i|ia£ a;r'^o^4>.s3r^ afe "electors (if" men, and of age), wltliin their own wards, that all ratepayers are eligible to become members of the board for any ward, aud that after the present great occasion one member for each ward goes out of office yearly, but is eligible for re-election. The laws of Ocago preau^S that ij»\s cJppwn Ecu>,rd linens its tlufies *6r cdn fiud'tiietnout. Of Mte the-citizerts of'JDunellin, too, have presumed that they co'-uld tell tlie board its duties, a matter which the law, rio doubt, hud an eye to. At any rate, when I came to divide my subject into what I supiiosetl'to be: its j()riucipal divlsiofts, vi^.,

the duties and the powers of the Board. I found the division very unsyrametrieal, the powers were plentiful, but the imposed duties only these following^— Ist. To fix the level of the streets.—Ordinance 67, See 38. It is a generally received idea that this fixing the level of fae streets, the cause of so much wasteful expenditure for a doubtful benefit, was done authoritatively some time-in the "primeval days of. the city.' Your readers will be astonished to learn that the first authority to fix the level of a street was given to the Board by an act passed last May, and which only became law some few weeks buck. What -hidden power burdened our rates" and disfigured the town with streets that run along the ridges of hills, aid" such like anomalies, cau any " oldest inhabitant' tell us ] 2nd. To provide "all.necessary implements, and take all necessary measures for watering, sweeping, and cleansing the streets, at such times and in such manner as their inspector of cleansing shall direct."—Ordnance 67, Sec. 20. By the remarkable wording of this useful clause, the Board having appointed an inspector, he becomes assort of autocrat of cleansing, and may "direct" his masters as he sees fit. Fortuuately an unruly or too exacting inspector may be " removed at pleasure," or he might develope into a mayor. I 3rd. To cause to be made all sewers necessary for the "effectual draining the city of Ounedin." — Ordnance 67, Sec. 30. "And keep the same properly covered and cleansed."—Sec. 32. Unfortunately this imperative duty is hampered in Sec. 28, by the provision that the Superintendent is to prepare maps and plans for the direction of the "Board "a little matter which we we now hear his Honor desires to shirk, 4th. The B.oard is « authorised and required" tQ provide sufficient "fue engines, pipes, and appurtenances" for extinguishing fire in Iluuedin, Ord. 07, sec. 39. Besides these, the iloads and Streets Ordnance, 1861, imposes on the Board the. duty of completing to the fu.il wjdth of tl\e gtr.ec.ts, alt en4ba.nUm.ents an.d cuttings then existing in the stieets, or in future to be made, and the making of footpaths ten feet wide iv all streets as soon as they are " made and regulated." On this latter point many unfortunate victims of the Town Board's Asphalte mania will be glad to learn the letter of the law, which is as follows;-*" S.hall forthwith make and fbf! n\ Jhof' £ath§ o,n \§e sides thereof of the width of ten *e"et, an A 's,ha}l nave qr gravel the su.rface of such, footpaths, 1* and duly curb the; same. The only coarse by which the Board can legally insist on more than the gravelling of a footpath, is by passing a bye law, which must have the assent of the Superintendent (with advice and consent of his Executive Council) a,nd be duly gazetted and a^yofctised. T-hls gclur-e have totty sWored an asphalting process should otter the cost of the curbstones and gravel and let tne Board pay for the balance T-h9seare.au the cities p/the To.w.n. B,oaxd, ga denned, and operative by! th.c (finances. But in addition, to, pawef-s necessary to fcQ carry them out; the Board has authority to lindevfcake several works of public utility "and generally to transact most of the business kvhich usually devolves upon Town Corporations. By the cumbrous method of making Bye £aws* iriiieh obtain the foreo. of law sftgt hring ! m*m* .toj!« tem^^t w<r&eo£ *veiXaqVinci 1; th.c B.p,ara cu.n supplement the acts >|- the lieg^latur^. Ord. G7sec. 22 to 24. All mwigenseuts " necessary for fully carrying out ;he purposes" of auy of the Ordinances whose )peration is superintended by the Board, have ;hus to be authenticated. The Ordinance of iQ62 wldsthe power of imposing, fmd. es^fitwg penkl-' ;ies |by the breach 6fa;ny of these Bye Lawa. I iannot learn that any suoh Bye Laws exist at present j but as the new law is the first which renders their publication necessary, perhaps a i jomplete code of them may turn up somewhere i n the office of the Board. ' >"' '■ ij r^ ?>°W' X W*& ua with a sufficient : Wtittv Supply (Ordinance 67, sections 43 and U) is hampered, like so many others, by the lecessary reference to the Superintendent. For- 1 ainately, in this case the initiative is not confined 10 his Honor, as in the casQ of ilia tc^.n/^e^ge.' But there ty no, xsxs definitearrangement about av.OY.iq\Rg the fund's for this daily increasing ', loeeaslty, a3 will be seen when we consider the • financial part of the Ordinances. The power to i light the town has already been exercised by the Board. The only clause in the section nance 67, Section 21) referring t<f"tfus which Refc d .3 specially to be noted for the benefit of those vvhom it may concern, is that the Board can fix their lamps to any wall or building, upon indemnifying the owners or occupiers for damage done —" the amount of which, in the QV-em) of difference of o.p;n;cr v [# t 0 be fi^ecT an^'deje.rm^ned si^nmaYUy:'by 1 i^he Resident MagtstV^e, h> ' ~ '' " i The powers of. tite Ijoajd jti y&jfeVeuee to Drainage are very considerable, and nothing can be more injurious to the town than the delay in promulgating a system of sewerage, which has ! hitherto left those po-vers almost :u abeyance, i Section 23 c.f tl^e U-ta, f,ot qec.la.«s V the 'Super- ' intendent sliall ca^se to'be prepared by the' Pro- : vincial Engmeer upon a scale to'be prescribed' by | the Superiiitendont, a map or maps exhibiting a system ofsewerag'p; for' eqfefituauy draining fcdc City qf Hunedin. 11" Section 30 declares that ail sowers the Town Board may construct shall be in accordance with this map. The Superintendent has surely too many matters in hand of interest to the Province in general, to b,e ix^de a, Commissioner of lin;ir,ugc tor the metropolis. ' But as" he w.as a par.Ly ro'tifis. Act he ought sorely''to. Live executed' the self-assumed duty. Judging from my own little experience, I am inclined tft^clieve he may have d^nje l]j?^i( in "tho matter. v^e \\^Y.Q a, cir-cnuiiocution olHce even in Otago, and the art "How not to do it" i 3 eminently practised by its chief. I joined in a petition to his Honor some months ago, praying removal o c an obstruction to tralUc in Dane liv, and the petitioners were, d'el^hted" by the pian^/ v i»ad IJ"'favomblo "'reply accQV;nod to them.' Favorable as they thought; a complete burking of the matter as it turned out. His Honor informed, us that the necessity for what we desired had already been recognised by the Executive, and that instructiqms h.ao. been given to the Provtyuia.l 15ngincfer,'*th>:t' it 'should Ue vr.^eun^teV at^encfecV 'to! 'Brahapa the drainage map lias had," suc.^ »«onfcibn, like the li^prqvcq^cnt \y. Q putiiioued for, not a stroke is struck at it yet. The power of raising money by rates and loans is the only one in reference to which I shall iurther trespass on your space. The Roads, and Streets Ordinance, 1855, authorised the Board io levy a rate oj;not vqpxfi Uia:f "s*sl' 'bti. m the pound m J^r» "f°i- the' purposes of street making aild drainage. No funds were ever legally provided for the general purposes of the Board, not included in the above mentioned obie.qts. Clause 49 of the Improvement Act only, modifies this ppwoy: by in^dfng-'t'bg jpite.l ..'s^lejnsing, iign.ting, and mtscetlanepiis'expenses (into w,h"ich; the g'ericWl rate'is ordered to be dividfedi w the m. axim, u. in, of %s qi%M ppt;d, A water supply belaid, the head of miscellaneous expenses, but it is evident that the serious first cost of this can never coma out of a yearly rate, nor is any provision made for a separate Water liate for the future, if this first difficulty is got over. The borrowing powers of the boais %re confined to the anticipation, ojf"a year's assessment, a^d t^e wording of section 54 it is very ddiibiful if this power can be legally exercised after the first occasion. The system of special rates is one which it behoves the citizens to make themselves thomughfy* acquainted with. Und^i Voe vm&s p? a %% .^♦fiP^o.i'3. i.n mor.e s'cait^red parts o^hei'tp^nmay cjialk bjjE a d,istric"t on tb^e iqap, "irrespect^? ;of present ward div^sions/or.any o.il^eji iegi^iate bound.aries,:aa^us{ing it, sc\ $$' themselves may be a ina^6r^^'jn 'number of the ratepayers of. au^oh distViQt, and can insist upon the Town Board's executing any works they may dictate to it, according to plan 3 which, though the Board is bound to provide them, must suit the ideas of th§ said ratepayers. And the whole .propertyp£th,e,c£sr tnct thuscreated, wluch.inu«ejv^%t«feiitv^t^es as highly, as.Be^ed:a^,aiaj;!oi tUel w-hble purnerical majority? of. th© ratepayers in it, must bear the cost of such works by a special rate, to which:no limit of amount is fixed, but which musfc liquidate the liability incurred, with the accruing int^re^t, in not more than six years. ■■■■"•> The following is the pith of- thfc complicated law, botli the value 'and Justice of'which I take H *W> t^aii dp^btfut; S'e^bn 5^ qwridpa

for special rates, to defray the expense of works executed "for the benefit of any district or part of any district, whether forming one or several wards, or parts of one or ofseveral wards?' which shal be, to be levied within the said district, «of such. an amount as will be^sufficient to discharge "-the cost incurred, and i merest thereon within such period not ex' feeding six years, a? the Board shall determine " 1 his cause gives a powerto the Board which exceeds that of any ordinary Town Corporation, and 13 of a nature to be so easily abused, even through mere inattention of the Board, and to inflict such grievous burdens on particular portions of the ratepayers that, notwithstanding its apparent usefied the bStST * * dOae a^ y'with Or ulodi- , Clause 52,. in which the matter is taken out of the hands of the Board altogether, could only have been designed by such a hand as traced the scheme of our present municipal elections: It K??h,n ? lfc £?" app*r t0 th* majority of not less than two-thirds of the ratepayers in one of the above defined districts, at a public mestin- to be called on notice, that the execution of particular works, matters, or things, which the Board I have on good and sufficient grounds declined ito execute, would contribute to the wealth and convenience of the inhabitants of such part of LunQdm, the. B.qard shall procure a plan and estimate, &c,, M which when approved by a majority of another meeting of the rate-payers shall be carried out at once. Provision is made that the aoard shatl take security from the rate-payers for the cost, which is afterwards entirely nullified by the following sentence which concludes foe section : »and in the event of there nqt'bein" voluntary contributions Q f adequate amount for the purpo.se, the-Hoard shall pay the cost, out of a specutf rate to be made and levied in respect of the premises situated in the said part of Ounedin in such wanner-as the Iqara shall direct." I oqmuiqnd tl,e system of Special Rates to the carefui consideration of ail wiiose pockets are in any way under the control of the Town Board I must postpone the consideration of the othe>characteristics of the Town Board Ordnance." Those which are of the most fcnnqi.fcauoe tp the present ratepayers, a,re (w-slh exception, of the la>*k^ ' Vo«rs respectfully, KB.