COUNTIES. AMENDMENT ACT 1885.

Te Aroha News, Volume III, Issue 127, 7 November 1885, Page 7

COUNTIES. AMENDMENT ACT 1885.

Believing that snch wilf prove of in-' tcrest to rmniy of our, readers, we he,'re'Avifch pL-blish a number of' extracts from the above- :- — , Miners' Rights. Clause 12. No person shall be.entitled to yote in virtm of being the holder of

a miner's rig lit at any election of Councillors for any ruling of a county unless his n.nn.' is on th<> roll o p tip county ehctors for. sucu riciin in virtue of such ri,<jht,, an 1 he i.~ resident and lms been continuously lesideut in such riding during 1 the two months inpnediuloly preceding the day of such election ; and- no holder of a miner's right shall have more than one vote in respect of such right, anything contained in any other Act notwithstaiuling. Clause 13. The said Act is hereby amended as follows in respect to miners' rights : — (a.) In section forty- two the : words " twenty-second day of April" shall be read in place of the words " fifteenth day, of April." (b.) In section forty-four the words "" «nvonth" Hay of. April" shill be ro-vi in place of the words " first day of April," nnd the • wrtrds " thirty-first day of March" in place of " thirty-first day of DetM-nnber." . (c.) In section forty, pix the words '• twenty- seventh day of April" shall lie n»ad in place of the words " twentieth ■ lay of April." Clause 14:. Any holder of a miner's right may apply for relief under section forty-seven of tue sail Act in t.ie man uer and for the purposes in the said section nuutiotied, and any person wLo considers hini^l 1 "' n grieved by tho nnnr* of a holder of a minor's right being in-, sorted on tho roll of county electors for any riding of a county wherein sucli holder does not actually reside may also apply for relief under the aforesaid section forty-seven. Clause 15. The Resident Magistrate, at any sitting of the Court held under section forty-eight of the said Act, may enter on or erase from the roll of any riding of a county the name of any holder of a miner's right who shall be proved to the satisfaction of the Court i to be actually resident or non-resident, i as the case may be, within such riding, a id whose nani a oa^iit to be nntered on or erased iroiu suo.i roll in consequence of such residence or non residence.

i Special Audit. Clause 16. All the expenses of an inquiry made by a special Auditor under sections one hundred and thirty- six and one hundred and thirty-seven of the said j._ct, with such allowance to the special Auditor as the Governor directs, shall, unless Parliament otherwise provides, be charged upon the General Account of the County Fond, and shall be deemed to be a debt due to the Crown, and may be recovered from the county accordingly. Allocation of County Find. Clause 19. In counties wherein the said Act is not suspended, the Council shall, in each year, apportion the gross income of the county from all sources in the manner following ; that is to say, — (1). In payment, in the first instance, of the general debts and liabilities of the county, as a whole, which are not included in the special appropriations hereinafter mentioned, and of the general expenses incident to the administration of the said Act and the several Acts amending the same ; ■ {2.) In payment of contributions required to be made out of the County Fund by virtue of any Act of the General Assembly ; (3.) In payment of the cost of constructing and maintaining all main roads and county roads within the county, and of bridges on such roads respectively, and of ferries, as well as of constructing, maintaining, or contributing to construct or maintain such bridges, exceeding thirty feet span, on district roads within the county, as the Council shall think should be so constructed or maintained ; (4.) The remainder of such annual income shall, subject to the provisions of the next following section, be apportioned among the ridings in the county in proportion to the amount of general rates received from such ridings respectively in such year. 20. Separate accounts shall be kept for each riding in the county of the income and expenditure thereof in each year, and to the said account shall be plate I the amount apportioned to silch riding *of the County incoriu, which shall be expended in works in such riling. In case from any cause in any year, an allocation as hereinbefore provided of the propoi tionute part of the county income cannot be insulo among the ridings, and any ridi.ig shall receive in such year any more or less than its due, then such riding shall, in succeeding allocations of the county income among (he ridings receive from the Council such an increased or diminished proportion of income as may be just.

Rates. Clause 21. Special rates maybe levied as provided in section one hundred and twelre of the said Act within any por tion of a county, with the consent of the ratepayers therein, tor the purpose of providing interest and sinking fund upon a loan authorised to be raised for the exclusive benefit of such portion, or for works constructed in such riding. All such special rates shall bo applicaable to the loan or works for which they were authorized to be raised, and for no other purpose whafcsoorer-.

Special Loans. Clause 31. If the Council of any county at any time— • ' (1.) Borrows any money or issues any debentures on the credit of the Corporation oi the county in excess of of otherwise thap in accordance with tile , provisions of this Act in that behalf j or, (2.) Borrows under this or any other Acfcy-as on the, credit aforesaid,, any moneys which the corporation of .the county is not legally, bouad, to repay ; or,

(8.) Purport* or nttciuipts «<> l»'ind t)w corporati6n of the county to puy any •monpy- borrowed which the, coiporufcion is nut legally ! ijund to repay, every Councillor who consents , thereto s;Uall, fcr suoh oflVnce/ be liable to a penalty of one hundred pounds to be recurred, M-ith full costs of suit, by any person who may sue for the 3;une in tiny Court ol' competent jurisdiction. And all moneys so illegally borrowed shall be deemed to be a debt jointly and severally due to the county from enoh mi<] all of the members of' the Council wli^o consented'to such illegal borrowing, and may be recovered from such members or any of them in any Court of competent jurisdiction, and may be sued for by any ratepayer on behalf of the county.

Miscellaneous. » • Clause 32 In any place where tbere is no Harbour Board the Governor, on the request of the Cottnni! of any county bordering op. any estuary or arm of thewea, or on the joint request of any two or more of such Councils, m«y by Order in Council gazetted, may declare; such Council or joint Councils shallshall, from a date to be Lxea in such order, exorcise all the powers of a Harbour Board within such limits of such estuary or arm aforesaid as the Governor may defiue fortaat purpose. From and after the date of any such order the County Council or County Councils aforesaid shall be deemed to be a Harbour Board as if tjiey bad been so eonsfcibuwjvl by special Act. Cl.iuse 33. Any Cou-.ioil appointed a Harbour Board under the provisions of this Act may, by special order declare and define the part of the County that will be specially benefitted by any harbour works, and may levy a special rate in such disinofc for the constructing or maintaining of harbour works, but no such rate shall bo levie 1 save by ons.wit of the ratepayers, as provided in case of separate rates, and no such rate shall exceed in n»>y one ypir thrpe- eighths of a penny in mi pouihl. Clause 34:. The Council ' of any Cour.ty miy from tinv* to time contract with the Minister of Public Works for the erection ,of any line of telegraph or telephone communications within thp county, and m.iy apply such portions of the county funds as they think fit for the purpose of contributing towards the cost of such erection or the maintenance of any such line, or for the purpose of paying an annual sum by way of interest or guarantee upon such cost as aforesaid. Clause 44. The enactments hereunder enumerated are hereby respectively repealed, that is to say, — 1876, No, 47. " The Counties Act, 1876," sections foui teen, nineteen, thirty, one hundred and fifty-six, one hundred and seventy-six, one hundred and eighty, and one hundred and eighty- three. 1880, No. 46. "The Counties Act Amendment Act, 1880," section four. 1882, No. 44. "Tht Counties Act 1876 Amendment Act, 1882," sections seven, eight to twelve, both inclusive, twenty-one, twenty-four, twenty- five, thirty-one, thirty-two, thirty- four, fiftytwo, fifty-six, fifty nine, and sixty-six. 1883, N6. 36. " The Counties Acts Amendment Act, 18d3," seotion twentythree.