The Westport Times. FRIDAY MAY 31, 1872

Westport Times, Volume VI, Issue 975, 31 May 1872, Page 2

The Westport Times. FRIDAY MAY 31, 1872

We publish in this issue a copy of the Town Improvement Act, as passed by the Nelson Provincial Council, the object of the Act being " to provide for the making and maintaining of roads, streets, and other public works in certain towns." As previously notified it will be necessary to make application to the Superintendent of the Province beftve the 16th July proximo, should it be deemed advisable to bring the Act into operation in Westport. The subject has already attracted some attention, and the question has arisen whether it would be best for the inhabitants to avail themselves oLthe new Act, or endeavour to obtain The more extended powers granted under the Municipal Ordinances. Free and op?n discussion will afford the only true»test of public feeling in the matter, and anticipating some early action therein, we call attention to the leading features of the Municipal Ordinances as contrasted with the new measure, without, in the meantime, expressing an opinion as. to their relative me its. The Municipal Corporations Act, 1867, provides that whenever the establishment of a municipality is desired in any town, fifty inhabitants must petition ths Governor for its incorporation, as limited by certain defined boundaries. Any district lying wholly within one province, and not exceeding in area nine square miles, and containing not less than two hundred and fifty inhabitants, may also, upon the petition of not less than one hundred inhabitants, be constituted a borough. Or any outlying district not exceeding a similar area may be annexed to a borough. Such petitions are granted if no counter petition is made within a period of two months, rubied, however, to the following stipulation. Notice of every petition praying the Governor to constitute any town or district a borough must be first transmitted to the Superintendent, and if he dissents thereto the Governor is debarred from further conni deration of the matter until the Provincial Council of the Province, wherein the petition emanates, shall signify aq opinion - that the prayer of such petition i.hould be granted. Failure in the, Brat instance being no bur to the petiffiJn being repeated until granted, and the Governor or Superin-

tcndeut may appoint a Commission to receive and examine evidence as to the justness of the claim. Due provision is made for the election of Councillors and the annual retirement in rotation of a certain number. Burgess lists and revision rolls must be prepared annually, and revision courts held. The principal duties of the Borough Councillors are defined by the Act, but they are empowered to ~iake bylaws, subject, however, to the proviso that no fey-law shall be of any force or effect until the expiration of one month after a copy has been sent to the Superintendent, and at any time within such peiiod the Superintendent may disallow' the same. The ordinary revenue of Boroughs consists of rates, not being special rates, tolls, and rents of tolls, and moneys received by grant or appropriation by Act of General Assembly or Provincial Council Ordinance. Such money being lodged from time to time in some bank chosen by the Borough Council, and only draw therefrom as needed upon the signatures of three councillors and the Town Clerk. Ordinary rates may

be levied annually, not exceeding one shilling in the pound on the annual assessed value of property. " Separate" rates not exceeding sixpence in the pound, may be also levied on all rateable property situated within any portion of the borough wherein it may be deemed necessary to execute works for the special benefit of that particular portion, " under special order distinctly defining such portion and approved by the Superintendent," and on the petition for the levying of such special rate " signed by one-third of tho ratepayers in such portion of the j borough." Any person aggrieved on the ground of unfairness or incorrectness in the valuation of property may appeal for its amendment to the Resident Magistrate's Court or Court of Petty Sessions; and in certain cognizable cases appeal is granted to the District or Supreme Court for the quashing of rates. L >aus on mortgage of special rates may be borrowed for permanent works and undertakings, such moneys not to exceed at any one time five times the amount of ordinary rates levied in the year next p receding the year in which the moneys are proposed to be borrowed. Debentures may bo issued for sums of fifty pounds each, repayable at any period not later than fifteen years from the issue thereof. A reserve fund, accruing from the balance of special rates,

levied but not wholly required for payment of interest on current debentures: being formed and invested in Government securities, for paving the principal moneys becoming due in respect of such debentures. By the Municipal Corporations Act Amendment Act, 1871, it is provided that the debentures may be made " payable at any place or places as the Council shall think flc. Provided llmt the place where any debenture shall be payable shall be named in the debenture, and the holder thereof shall not be bound to apply for or accept payment elsewhere." Powers are conferred to take land for permanentworks, to levy special water rates " for the purpose of constructing waterworks, or paying the interest on any loan contracted for such purpose," or the purchase of existing water-works within or without the borough. Under the category of " permanent" works, the tenth clause of the Amendment AcUsets forth the following:—"The opening and making, altering or increasing, the width of streets within the city or borough ; or without the city or borough ; if approved of by the Superintendent or County Chairman. The raising, lowering, and alteration of the ground or soil of the streets ; of which the level shall not have been previously fixed, as herein provided. The construction and establishment of bridges and ferries The construction, enlargement and alteration of sewers. The construction or laying of any covered drain or pipe, so far as the same is not placed on laud appertain- ' iug to the tenement to bo drained, or on land or property held or placed under the control of the Council. The construction or laying of any drain or channel for draining; from or through any premises, the surface or stormwater, so far as the same is not constructed or laid upon land the property of or placed under the control of the Council. Theconstruction of water works within or (with the consent of the Superintendent or County Chairman) without the city, borough, or town, whether in conjunction with other cities, boroughs, towns, or road districts, or whether the works be wholly or in part within or without the city or borough. Ihe providing of municipal offices and market-places, the construction of market-houses and abattoirs, the providing places for weighing carts and their loadings, and the making convenient approaches to any market. Tho providing of land and buildings for baths, and washhouses. The providing of pleasuregrounds within or without the boroughs, libraries, museums, or places of public resort or recreation. The erection, establishment, or providing •of hospitals, asylums, and other buildings, or places for charitable purposes. But, in the exercise of these extended powers, due provision is made that no Council shali, by excess of zeal or lack of discretion, jeopardise the interests of the rate-payers. By the eleventh and following Clauses of the Act, it is stipulated that, whenever a Borough Council deems it expedient to carry into effect the powers above mentioned, they must first cause plans and specifications to be prepared, si owing the natui'e and extent of the

proposed undertaking, tho exact sites and measurements of lands proposed to be taken, and the names of owners and occupiers thereof, so far as known ; such plans to bo open for inspection by all persons interested therein, for forty clear days after notice by advertisement in tho General and Provincial Gazettes ; and some newspaper generally circulated in tho borough. It is also stipulated that notices shall be served on all owners, lessees, or occupiers of land intended to bo taken, requiring an answer either as assenting, dissenting, or neutral iii the matter. The Council is empowered to take the evidence, on oath, of dissentients, and such evidence and objections, in documentary form, having been submitted to the Superintendent of the Province, he, " may confirm the said order, with or without variation, or may disallow such order," notice of decision being forthwith gazetted. When all such objections have been satisfactorily adjusted, and tho order for work confirmed, tho Council may only commence operations upon having first made to the owners of, and all persons interested in, any lauds taken or used for the purpose of such undertaking, or injuriously affected by the execution thereof, full compensation of tho value of the lands, and for all damages sustained by any person by reason of the exercise of these powers by the Council. But, having legally accpiired possession of lands under the above restrictions, the Council is empowered, by Clause 17 of the said Act, subject to the approval of the Superintendent, to sell or lease such portions of the land so acquired winch may not be needed for borough purposes. The power to levy a water-rate is in addition to the powers granted for levying general and sep-

arate rates, enforced by virtue of the Acts of 1867 and IS6S, and can be levied on all such part of the rateable property of the borough, for. water supplied by the Council to all or some of the inhabitants of the borough, or for the purpose of constructing waterworks, or paying the interest of any loan contracted for such purpose ; but such rate shall not exceed in any year the sum of one shilling in the pound on the assessment of the rateable property of the borough. By Clause 21 of the Act, the Council may, with the consent of the Governor, purchase any water-works situate within or without the city or borough, and suitable fc the supply of such city or borough with water. The remaining sections of the Amendment Act provide for the repeal of the clauses of the previous Acts referring to open voting at elections, and a series of new clauses are substituted, which provide for the taking of the ballot in a similar maimer to that adopted at the election of members of the Provincial Council or House of Eepresentatives. The AuieuduiuuL Act also provides that, on receipt of a petition signed by not less than one-fourth of the burgesses of any single borough divided into wards, praying for a revision thereof, the Superintendent of any Province may, by proclamation, divide a-new such single borough into three separate wards, as may seem fit, by such names and by such boundaries as shall in and by such Proclamation be assigned to them, and such wards shall be in lieu of the former wards. , Provision being m ide that " No borough shall be newly divided into wards upon or within thirty days before or after any day appointed for an annual election of Councillors in or for the borough or any ward thereof." And also that " The Councillors who shall be in office in any borough at the time when the same shall'be newly divided into wards shall be severally allotted to each such ward by the Superintendent, in and by such Proclamation newly dividing such ward, or in and by any other instrument ; and if any seat or seats shall be vacant at the time of such new division, the Superintendent shall determine for which ward or wards such seats shall be deemed to be vacant, and the same shall be deemed " extraordinary vacancies."