COUNTIES ACT.
EitoM report of a special mooting - in the N.Z. Mull, it would appear that doubts had arisen as to the legality oi certain resolutions passed at a mooting o! the Hut I; (Wellington) County Council. Legal advice was sought to set the matter at rest, as the following extract, which may be useful hero, will shove: TUF, CGl'Nj’V HOADS QUESTION. The Chairman stated that their first business was to reconsider the minutes of last mooting, as he had been advised that resolutions then arrived at by the' Council were informal.
It was accordingly resolved to proceed at o ico to tlio reconsideration ol tiio minutes. The Chairman then rend the foil letter received from Messrs Travers and Oilivior, in reply to a communication addressed to them : £i V.Vilinplon, Feb. 10, 1877. 11 Sir, —We send yon a draft resolution per order, declaring all the district roads in the Unit County to be county roads. We feel it onr duty, however, to call your attention to a difficulty created by the language of the 11th section of the Counties Act. The 88th section of the Public Works Act, 1870, under winch the proposed order is to bo made, enacls that the Council of any county may h/j order declare, q-c. ‘■'We are of opinion that the word order, as there used, must be, equivalent to the words special order, used in the 80th section of the Counties Act. lint the sections of the latter Act referring to extraordinary business and to special meeliuefl and special orders, are not, as vre think, in operation, and will not, conic into operation until the expiration of throe months after the date of the first meeting of the Council. We have considered it proper to call your attention to this, although wo should not advise you not to 'press the resolution, and make the order, which would bo ipso facto validated by no resolution being passed under the 11th section within the time mentioned in it.—We arc, &e., “ Teavkus, OnLivinii, & Co. “ To the Chairman Hutt County Council.”
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Bibliographic details
Patea Mail, Volume II, Issue 198, 3 March 1877, Page 2
Word Count
344COUNTIES ACT. Patea Mail, Volume II, Issue 198, 3 March 1877, Page 2
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