SHIRE COUNCILS.
As considerable interest is being manifested in the question of establishing Shire Councils in Otago, we extract from a contemporary a synopsis of the " County ot Westfand Act, 1868," presenting its leading points. The Act in its entirety, contains 143 lengthy clauses, besides schedules : —
•1. All powers vested in the Superintendent of the Province are, so far as applicable to the circumstances of the County, vested in the Chairman of the County Council, and any act required by law to be done by public officers of the Province, while the County continued a part of the Province, are now performed in the County by persons under the direction and appointment of the Governor.
2 The inhabitants of the County are created a body corporate, invested with the usual legal powers.
3. The County is divided into seven electoral districts. The County Council consists of nine members ; two whereof are appointed for Hokitika, two for Greymouth, and one each for
five other electoral districts. Each Electoral District is also declared a Road District, having for the management of local matters a District Board, consisting of six members. The two towns retaining the title of Boroughs.
4. Any person having his name enrolled as a voter for some one of the Electoral Districts, as owner of property, or holding a miners' right or business license, is qualified to vote for, or act as member of the County Council. And any person enrolled, under similar qualifications, on the roll of the district wherein he resides is qualified to vote for and act as member of the Road Board of that district. Exception being made to any one holding oflice or place of profit in the gift of the Council, Road Boards or Borough Councils.
The Voters' Rolls are revised and made up annually, under terms of the Registration of Electors Act, 1566, by the Secretary of Council, and Clerks of Road Boards respectively. Members of Council hold office for two years, Members of Road Boards for one year. The Governor appointing Returning Officers for each Electoral District ; wlio appoint their own deputies when needed ; and the election of members of Road Boards being under the presidence of the Chairman of the respective Boards.
Every person entitled to vote, may vote for any number of candidates, not exceeding the number of members to be chosen. When an equality of votes is given in any district for two or more candidates, the Returning Officer in each case gives the casting vote.
Expenses incident to elections are paid out of the Council, Borough Council, and Road Board Funds respectively.
6. The Chairman of Council holds office for twelve months. Chairmen of Road Boards for six months. Mcetiugs are held monthly, and both Council and Road Boards are empowered to make and repeal byelaws for regulating their proceedings, and to impose penalties.
At all meetings of Council or Road Boards in cases of an equal division of votes upon any qusetion, the Chairman, in addition to his own vote as member, has a second or casting vote.
And when, in the election of a Chairman, an equality of votes occurs, it is decided by lot which of' the candidates, having equal votes, shall be appointed.
7. The accounts of every Country Council, Borough Council, and Road Board are kept audited in such a manner as the Governor may direct.
S. The ordinary revenues of Road Boards and Borough Councils consist of moneys received from tolls levied on distinct roads, rates levied on property, and a proportion of the General Country Revenue. The rates on property can only be levied by the sanction of the Country Chairman, and whether general or special, must not exceed one shilling in the pound per year on the annual value of the properties rated ; moreover, no special rate can be made unless with the consent of one-half of the persons liable to be rated.
9. The County Revenue is derivable from the Land Fund arising within the County, from moneys payable to Provinces under the Public Revenues Act, and from all revenues arising within the said County under the " Gold Fields' Act, 1868,' or under any Act amending the same. Such sums beingpaid by the Colonial Treausrer to the County Treasurer.
10. The revenue thus accruing is applicable to the following purposes within the County — Police, Gaols, Roads and Bridges, Public Works, Hospitals, Education, of works of geuer.il public utility, and " for distribution to the several Corporations of Boroughs and Road Boards in such proportions as to the said Council shall seem fit."
11. The permanent Public Debt charged against the Province is " apportioned between the said Province and the said County according to the pi-o-portion in which the said Province and the said County respectively shall from time to time contribute to the Customs Revenue of the Colony." The proportion allocated to the County being deducted by the Colonial Treasurer out of moneys payable to the County.
12. Rates may be levied by Council or Road Boards on nil property, save unoccupied Crown Lands and property used for public purposes. Such rateable property including all lands occupied under a lease or license in terms of the Gold-fields Acts, for any purpose whatever." The rateable value being decided by properly appointed Assessors. Unimproved lands to be " computed as of the net annual value of five per cent- upon the fair capital value of the fee simple thereof," and the net annual valne of lands held for mining purposes, residence or b\isiness purposes to be computed "in such manner as may be directed by the Board of the District in which such lands shall be.
13. Main roads, and btidges and ferries thereon, and air works of general utility are under the control and management of the Council, as also all Hospitals and puclic primary schools Roads, other than main roads, and Bridges and Ferries on such roads ; and local works and improvements, not declared by the Council as works of general public utility, are under the control of the Borough Corporations or District Road Board.
In the Council is vested the right to distrain and impound cattle straying on fenced roads by some duly aiithorised person, and the right to collect tolls on main roads, punts, and ferries.
14. PoAver is reserved to the Governor to prescribe and revoke all orders and regulations, either general or applicable to particular cases, wherein in Ms opinion, no provision, or insufficient provision is made, for effectually carrying into execution any of the objects of the Act.
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Tuapeka Times, Volume III, Issue 186, 31 August 1871, Page 6
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1,093SHIRE COUNCILS. Tuapeka Times, Volume III, Issue 186, 31 August 1871, Page 6
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