The Borough Question.

Te Aroha News, Volume VII, Issue 386, 20 July 1889, Page 2

The Borough Question.

With respect to the Council's powers to construct and deal with tramways. Section 200 of the Counties Act states that : " Tlie Council may, out of any funds which at the time being raay be at their disposal, and in the manner provided by this Act, nnd " The Public Works Act, 1882," make and construct tramway b for the use nnd convenience of the public within the Count}'-, and may use and work the same." Section 264 states : '• The cost of making and conducting any such tramway, ° ° ° and of working and usins: the name, shall he defrayed out of the County fund." Section 138 defines what the County Fund ahall consist of, nnd states it sh.iU include : (4) >f All monies received from the use or working of any tiamwav." Section 22 of the Public Works" Act Amendment, 1887," reads as fallows • ''Any County Council, Town Board or Road B<Mrd, owning any tramway, nr portion of a tramway, may by special order, let, for a period not excpeding twonty^one years, o?' absolutely sell the same wiih the rolling stock and cppliances used therewith, upon such term* and conditions as such local body shall think fit, and may grant to the lessee or purchaser thereof, as the case may be, all or any of the powers, rights,and privileges of and incident to the working, maintaining, or extending the same which the local body itself possesses at the time of such letting or sale." etc., etc. By this it would appear the County Council have the power vested in them by the PubHc Works Amendment Act passed in 1887 to absolutely dispose of the tramway, rolling stock, etc., or now lease it for a further period of eleven years (in addition to the exi^tin^ ten years lease). Whilst then, it is quite e/ident that it was the intention of Government when passing the section of the Public Works Act, 1882, Amendment Act, 1887, referred to above, that County Councils should have sole nnd absolute po»ver to deal with the tramways they might construct, or had constructed, asthev might think fit ; with respect to the Waiorongomai tramway, towards the cost of constructing "which Government contributed £12,000, and the same being within the goldfield boundaries, we think there can be no doubt the sane* tion of the Warden would have to be first obtained to its being transferred from the County Council to a Borough Council, even though the Coucty Council raised no objection. Anyhow, beyond a doubt his recommendation (which it is only reasonable to suppose would be made having in view what he considered wouUl be most beneficial for the miners and the interests of the goldfield under his charge, rather than with respect to the interests of the ratepayers or would be" Boroughites), to the Governor would carry very great weight indeed. Section 38 of tho Municipal Corporations Act, 1886, states that on a Borough being constituted "The County Council may agree with the Borough Council as to (1.) "What part of the property real and personal of such County, etc., shall become the property of the Borough 0 o o » (3.) it Wlmtpart of the debts, liabilities, and engagements of such County, ° ° ° whether absolute and outstanding at the date of such severance or then contingent, or protective, so long as the same are capable of extinction, shall be the liabilities and engage-* ments of -"uch Borough," etc, Seotion 39. states that in the event of no guch agreement being ariived at within two .months of the first meeting of the Council, the Governor may appoint an auditor to hold an enquiry and make the award, Seotion 40 : Any such award may deolare in whom any property shall be vested, and by whom any monies shall be paid, etc., etc., and " Every such award shall be final, and shall from the date thereof have the operation of, and be enforcable as, and be held to be a Judgment of the Supreme Court." 45. "In case any Corporation shall • fail within three months after notifi-

cation of the sum payable by it under such award, to satisfy the said sum, the Supreme Court, at the instance of any creditor, may make an order that such Corporation shall levy a separate rate for the purpose of paying such sum." . ' So much for those who would try and make others believe that a County Counoil may in all good faith expend, and go on expending for yearn, thousands upon thousands of pounds in the construction and maintainancd of a tramway (that cost over £20,000) and general developement of a goldfield, thereby running heavily into debt, and can then, siraply by the forwarding of a petition to the Governor, bo deprived of that tramway and goldfield,, and its revenue without being in any way compensated, in fact the debt to remain a County Council debt I But to refer to another aspect of the question under consideration : Section 145 of the Counties Act states that u The Council shall, in each year, apportion the gross estimated incomeo£ the County from all somces in the manner following, ' that is- to Bny, — (I) In payment of th*e* general debts and liabilities of tli© County 1 as a whole » • •■ and ot the* I general expenses incident to the administration of this Act." (2) In payment of contributions required to be made out of theCounty Fund, etc. (3) In payment of the cost of constructing and maintaining all Ratlin and County roads, etc. (4) The remainder of such annual I income shall, subject to the provisions of the next following section,. be apportioned among the ridings m the County in proportion to th& amount of general ratet and goldfields revenue received from, such ridings respectively in sicch year. 146 "Separate accounts shall be kept for each riding m the County of the income and expenditure thereof in. each year, and to the said account shall be placed the amount apportioned to such riding of the County S income, which shall be expended' in works in such riding In casei from any cause in any year, an allocation as herein before provided of the proportionate part of the County income cannot be made among the- | ridings, and any riding shall receiveI in such year any more or less thani its due, then such riding shall, in succeeding allocations of the Countyincome among t^e ridings, receive- ! from the Council such an increasei on diminished proportion of income ; as may be just." I " When in a county a f any time preI vioiH to the passing of this Act ! (1886) separate accounts for each riding have been kept as required^ by this section, the balance of such accounts may be brought fo 'ward a» if the said accounts had been hept under this section." ( How|doeH that read, when compared with the statements of those who w mid have us believo the proposed Borough would have no liability to take over, scini; the Te Aioha liidincr stands several thou andsof pounds in debt, in the Piako County Council hooks ?) Claiiao 24 of tho Municipal Corporations A-jt st.ites with reference to the cm«tituion of new boroughs . "On the petition of tho resident householder of any portion. ,of the Colony o ** * ° the Govtrnormay by proclamation, declare any such pution of the Colony, or any part thereof cpecijied in the Proclamatlon y with or without >my adjoining area, to be a Borough o o o 6m m ,hject to certain conditions •et forth, Ruch as : (1) That the area shall not exceed nine square miles, and with no two points distant more than six miles.. (2) That the rate a bio property in the district fa, at the time of petitioning, not le^s than will yield • * an annual income of £250, exclu--8i ye of subsidies and grants* 3 That such petition is signed by not less than one hundred of such resident householders, (ft) That no petition signed by aa eqotl or greater number of «uch resident householders who have not signed the first petition is presented, praying the Governor not to assent, to the prayer thereof." From the foregoing it would appear theGovernor is not compelled to grant the petition for the constitutiou of any Borough, simply because the required number of signatures are attached, rateable vt'lue found to exist, and all other conditions complied with — should it appear to him inexpedient to do so. It is also quite evident the Governor has full power to grant the petition for a Boiough,, prior to so doing cutting- out any portion, goldfield or otherwise, and to constitute & Borough of " any part thereof fc T * Another very important Clause io 34 of the Municipal Corporations Act. which, ■tates : "If not less than one-half of the resident householders in «»# part of a district which it is proposed to constitute,, or to include in a Borough ° * petition- the Governor, prayinjf him not to include such part in the Borough, the Governor may: * * alter the proposed boundaries so as not to include in the Borough the- part, or so mnch thereof as he thinks it, deecrihed in. the petition/ 205. u In order to prorid-e funds for the creation of a sinking fund', or for the repayment of debentures- becoming due,, the Council may permanently* appropriate? any part of the Borough fiinds as-, security for any loan"