TOWN IMPROVEMENT ACT.

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

TOWN IMPROVEMENT ACT.

Whereas certain acts were passed by the Superintendent and Provincial Council of the Province of Nelson, entituled respectively " The Nelson Improvement Act, 1856," " The Nelson Improvement Amendment Act, 1858," and "The Nelson Improvement Amendment Act, 1862." And whereas it is expedient that the said recited Acts should be repealed, and other provisions made in lieu thereof. Be it therefore enacted by the Superintendent of the Province of Nelson, with the advice and consent of the Provincial Council thereof as follows : 1. The Short Title of this Act shall be the " Towns Improvement Act, 1872." 2. The said recited Acts shalkbe and the same are hereby repealed : provided always, that nothing herein shall extend or be deemed to extend to prevent the collecting, suing for, and recovering of any rates already imposed under the authority of the said recited Acts or either of them but that such rates, or so much thereof as are due and unpaid,may be collected sued for, and recovered in the same manner as if imposed under this Act, provided also, that tho present Board for the City of Nelson shall continue in office until the last Monday in the mouth of July, one thousand eight hundred and seventy two, and snail have and exercise the same powers as if they had been elected under this Act.

3. The following words in this Act shall have the meanings hereby assigned to them, unless there bo something in the subject or context repugnant to such construction, that is to say—

The word " town " shall include any city or town in the Province of Nelson in which this Act shall be brought into operation. The word *' Board" shall mean che Board to be elected under the provisions of this Act for any town in which it shall be in operation. 4. This Act shall come into operation in the city of Nelson, as defined by an Act of the General & ssembly of New Zealand, entituled " The .Representation Act, 1860," immediately on the passing hereof, and in such other town witin such limits, and at such times as the Superintendent shall from time to time, by proclamation in the ' Government Gazette ' of the Province, direct or appoint, on receiving a petition to that effect signed by not less than fifty householders resident within the limits of such town. 5. A list of persons qualified to vote in such town in which no rate shall have been levied shall be formed by some person appointed for that purpose by the Superintendent from the Electoral Roll, of persons entitled to vote in the election of members of the Provincial Council, in respect of property within such town, and shall also include the names of the Holders of Business licences within the town and every person whoso name shall

appear in such list, shall be qualified to vote aud take part iu the proceedings' of the General meetiugs or elections which shall take place in the towu. previous to any rate being levied for and after any such rate shall have been then every person who shall have paid the then last rate so levied for the towu shall be entitled to vote and take part at such meetings or elections: provided always, that such p'er.io'n shall have paid all rates for which he shall be then liable, such payment it disputed to be proved by the book usually kept by the collector of the rates for the time being, or by the production of the collectors receipt for the same. G. For carrying into effect the provisions of this Act, there shall be a Board for each town, which shall consist of seven members until the last Monday in July, 1872, and afterwards of eight members, to be elected as hereinafter provided, any three of whom shall form a quorum. 7. One-half of the members, to be determined by the Board by lot, shall go out of office on the last Monday in the month of July, in the year next after the first election of the Board, and the remaining half on the last Monday iu the mouth of July, in the following year and in every subsequent year those members who shall have been two years in office, shall go out of office on the last Monday in the Mouth of July. Any members going out of office may be re-elected, if then qualified. | 8. On the last Monday in the month

of July, next after the proclaiming of any town to be under this Act, at noon, and at a convenient place within such town, to be fixed by the Super-, intendent, the voters shall assemble and having appointed a chairman, shall proceed to elect from amongst the persons qualified to vote at such meet- i ing, eight persons to be a Board for the town, and the chairman shall report, in writing, to the Superintendent the names of the persona so elected,. i 9. If there shall be more candidates

proposed than the number of members to be elected, the chairman shall call for a show of hand separately in favor of each candidate, and after such show of hands, shall declare the persons on whom the election has fallen. 10. Any candidate or three electors may demand a poll, and if a poll shall be demanded, the chairman snail then fix and declare a future day on which the polling shall take place, such day not being more than four days after the day of nomination; and shall forthwith give public notice in such manner as he shall deem best calculated for giving full publicity to the same, of the day and place or places of such polling, and the names of the candidates, and shall also provide a ballot box, and a sufficient number of printed or written ballot papers containing tho names of all the candidates at such election. 11. Every polling shall be by ballot aud shall commence on the day appointed for the same at the hour of ten in the forenoon and close at four in the afternoon, and the chairman of the meeting, or some person appointed by him by writing under his hand, shall preside at and conduct such polling ; and each candidate may, by writing under his hand, appoint a scrutineer to be present at such poll-

12. Provided always, that for the purpose of electing members of the Board for any town, it shall be lawful for the Superintendent from time to time if he shall think fit, on receiving a requisition signed by not fewer than one hundred ratepayers, by proclamain the ' Government Gazette,' to divide any town into wards, and to apportion the number of members for the whole town between such wards as he shall think proper ; and in such case the member for each ward shall be elected by the electors paying rates for lands or tenements within such ward. And if no rate shall have been levied in the town, then by the person's whose names shall appear upon the Electoral Roll for qualifications within such wards respectively. And such elections shall be conducted in such wards in all respects in the same manner as is herein provided for election of members for towns. 13. Evory person entitled to vote an the election for the town or ward, as the case may be, may vote for any number of candidates not exceeding the number of members then to be elected.

14 Every elector tendering his vote for any town or ward for which he shall then bo entitled to vote, shall be supplied with a ballot paper, and shall thereupon strike out the names of the candidate or candidates for whom he does not intend to vote, and then deposit such paper in the ballot box; and any ballot paper recording more than the legal number of votes at any election, shall be rejected at the close of the poll. 15. At noon, on the last Monday in the month of July in every yjar and at a convenient place-within each town or ward, to be fixed by the Board or if there be no Board then by the Superintendent, the voters having elected a chairman shall, in manner hereinbefore provided, elect such number of persons qualified to vote at such meeting to be members of the Board as shall be needed to supply the vacancies therein for such town or ward ; and the chairman of every such meeting shall report in writing to the Superintendent, the names of the persons so elected.

16. If at any time a vacancy shall occur iu the Board by reason of death

hsencP, resignation, bankruptcy, or fi wise, tlie Board shall forthwith noint a meeting of the voters for I town or ward, and the hour afore- .. on such day and at such place as | Board shall think expedient, and , voters at such meeting, after I t j n g fl chairman, shall in manner' ereinboforo provided, elect 'from ' u g S t tho persons qualified to vote fsucb meeting a number of new embers equal to tho number of fancies for such town or ward, and shall report in writing otle Superintendent the names of h members so elected ; and every eniber so elected shall hold office Itil the time at which tho person in he room of whom he was elected ould regularly havo gone out of 17 The names of the members yi'be published in the 'Government Jjzette' of the province. u AH necessary expense attending Lelection of members shall be paid I the Board of the town. 19. In case the voters in any town .retard shall at any meeting called hr that purpose fail or neglect to elect Board, or to fill up the vacancies herein, as the case may be, it shall ielawful for the Superintendent to npoint a Board for the town, or fill in the vacancies therein from the Iters of the town or ward ; and such tod shall have the same powers and ttiborities as if they had been duly jected. 20. If any member shall refuse to |i or be absent from the meetings of L Board without leave for three Bccessive months, or shall become bankrupt, or an insolvent debtor pin the meauing of any laws relat&to insolvent debtors, or a public 0-ulter, or be convicted of felony or JnTjfamous crime, he shall cease to Koember of the Board.

21. It shall be lawful for the Board for each town from time to time to diise an assessment to be made of all lads and tenements within the town, ilich at the time of making such rate slall be liable to be rated and to employ such person or persons for that parpose as they may deem expedient; nil every such assessment shall, except uis hereinafter otherwise provided, lemade upon the estimated value to Jof the lands and tenements comprised therein, or upon the annual talue thereof at the option of the Board. 22. When the assessment shall have fen made and approved of by the Beard, the chairman of the Board stall sign the same, and shall cause public notice to be given in some newspaper published or generally circulated in the province of such assessment bavang been made, and of tie place in the town where the same nay be inspected for the period of twenty-one days ; and the person in waose custody such assessment may be, shall permit every owner or occupier of property included in such cessment to inspect the same during office hours. 23. The Board of each town shall levy a yearly rate upon all lands and tenements within such town which at tie time of making such rate shall bo liable to be rated, of not less than one Ealfpenny and not exceeding one ipenny in the pound upon the estimated Talue thereof to sell, when such skllbe levied upon the value to sell, and not less than two and a half per eept., nor more than five per cent upon f/, annual value when such rate shall iV levied upon the annual value thereof, and shall lay out and expend tie same in making and maintaining roads, bridges, drains, and other public works within the town.

21 The rate shall be paid by the occupier of the house, land, or tenement, or, in ease there should be no occupier, by the owner thereof: provided always, that the owners of all rateable property let to weekly or monthly tenants, or in separato apartments, Bhall be rated for and pay the rates for such property instead of tie occupiers thereof, and the assessment shall specify whether the rate is charged upon the owner or occupier. 25. The rate shall be paid to some person appointed by the board for that purpose, by the persons liable to the payment therefore, on a day to be fixed for that purpose by the Board, by public notice in some newspaper published or generally circulated in the town, and posted up in some conspicuous place in the town, snch day not being loss than twenty-one days from the time of giving such notice;»and such notice shall set forth the names of the persons liable for the payment of such rate, and the sums payable by each of such persons. 26. All moneys received under this Act, shall be paid into some Bank, to be approved by the Superintendent, to the account of the Board for the town, by the person appointed to collector receive such moneys, and shall be appropriated by such Board in defraying the expenses of carrying out the provisions of this Act; and all moneys \ so appropriated shall be drawn by cheque signed by »not less than three members at a meeting of the Board, and countersigned by the clerk or" secretary. 27. It shall be lawful for the Superintendent, if be shall think fit, to commit to the Bonrd the expenditure c' any moneys appropriated by the Provincial Council to the construction and maintenance of road?, bridges, drains, or other public worka within the town, and to pay over the eamo to the recount of the Bo'.rd. to be appropriated in such manner and for auch purposes as the Superiutendent shall direct or appoint.

28. The Board shall havo power from time to tiino to enter into any contracts for tho execution of any work to bo done under tho authority of this Act, and to appoint and employ such treasurers, collectors, surveyors, clerks, and workmen as they may deem necessary to enable them fco cirty into execution tho provisions of this Act; and, as they shall tl ink proper and necessary, to remove any such officers or workmen and appoint; others in their stead ; and out of tho moneys which shall come into the r hands under or by virtue of this Act, to pay such officers and workmen such remuneration as shall be reasonable.

29. Every collector, treasurer, or other person appointed to levy or receive the said rates, shall, if required, give sufficient security to the satisfaction of the Board for the town, by bond for the faithful execution of the said office ; and every, such collector, treasurer, or other person shall, at such time or times as the said Board shall direct, deliver to them true and perfect accounts of all moneys which shall have been received by him by virtue of this Act, and of all moneys paid by him, together with the proper vouchers for such payments: and if any person shall refuse or neglect to produce or deliver the vouchers relating to the same, or shall not deliver to the said Board within ten days after being thereunto required, all books, papers, and writings in his custody or power relating to the trust reposed in him, or shall refuse or neglect to pay such moneys as, upon the balance of an account, shall appear to be in his hands, to the Board, or as they shall appoint, every such person shall appoint, every such person shall for every such neglect, forfeit a sum not exceeding fifty pounds.

30. It shall be lawful for the Board, with the sanction of the Superintendent, to impose such dues as they shall deem reasonable upon all persons making use of any public work establishment within the town under the authority of this Act.

31. The business of the Board shall be transacted at meetings which shall be holden at such times and places, and may be adjourned in such manner, as the Board shall direct or appoint. Any two of the members shall have power to call a special meeting of the Bonrd, by giving to the other members, or leaving at their places of abode, notices in writing, signed by the members calling the meeting, specifying the time and place thereof, and the business to be transacted thereat, which notices shall be given two clear days at least before such meeting; and no business shall be done at any meeting unless three members at least be present. 32. All questions which shall come before any meeting of the Board shall be decided by a majority of the members who shall be present thereat, and if there shall be an equal division of the votes, the chairman shall in addition to hiß own vote have also a easting vote; and a minute of every resolution agreed to shall be entered in a book to be kept for that purpose, and shall be signed by the chairman.

33. The Board for each town shall, in books to be kept for that purpose, enter true accounts of all sums of money by thim received and paid and of the several matters in respect . whereof *uch sums shall have been received and paid. All such accounts, with all vouchers and papers relating thereto, together with a full abstract or balance-sheet of the receipts and expenditure to the tenth day of July in each year, signed by three at least of the members of such Board, shall withiu seven days thereafter be submitted to an auditor to be appointed for that purpose by the Superintendent, who shall forthwith examine and report upon the same. 34. A copy of sach abstract or balance-sheet, with the finding of the auditor thereon, shall be posted up by the Board at or before the commencement of the annual meeting, upon some conspicuous part of the place in which the meeting shall be held, and shall be published in some local newspaper previously to such meeting; and a copy of such abstract or balancesheet shall also be transmitted to the Superintendent, for the'purpose of being laid before the Provincial Council at its next session.

35. All moneys found by the auditor to be due from any retiring Board, together with all such books of accounts, vouchers, and papers, shall be forthwith paid and delivered over to the Board for the time being.

36. No member of the Board shall hold any paid office in the gift of the Board, nor be a Contractor with nor have any pecuniary interest in any contract entered into with the Board, and any person offending against this enactment shall be liable to a penalty not exceeding fifty pounds. 37. If any person shall lay, or cause to be laid, any heap of stones, or any other matter or thing whatsoever, upon any road, and allow the same to remain at night to the danger or the personal damage of any person passing thereon, all due and proper precaution not having been takdn to guard against the sarife, he shall for every such offence be liable to a penalty not exceeding ten pounds. 38, It shall not be lawful for any person to erect or cause to be erected within one hundred yards of any public road or street, any 'steam engine or windmill,, unless the same shall bo bebind some wall or fence sufficient to screen it, from the road, so that it may not be dangerous to passengers, hort >r c make any fire foi di

any limestone, brides, or clav, or the making of cole or c'.arcral within twenty-five yards of any public road or street, unless the same shall be within some building or behind some wall or fence sufficient to screen the same from such road ; and any person offending against this enactment shall be liable to a penalty for every such offence not exceeding ten pounds and a further penalty not exceeding forty shillings for every day during which the offence is continued after notice in writing from tho Board for the town to remove the same. 39. It shall not bo lawful for anv person to lay out or make any new street, road, court, alley, or thoroughfaro, in any town, unless the same being a carriage road shall be at least thirty feet wide, or not being a carriage road shall bo at least twenty feet wide, and any person offending against this provision shall be liable to a penalty not exceeding twenty pounds.

40. If any building or wall, or anything affixed thereon, shall be in a ruinous state and dangerous to passengers, or occupiers of neighboring buildings, the Board shall cause notice in writing to be given to the owner thereof if he be known and shall reside within the town, and shall also cause such notice to bo placed on the door or other conspicuous part of the said premises, or otherwise to be f.iven to the occupier thereof if any, requiring such owner forthwith to take down, secure, or repair such building, wall, or other thing as the case may require ; and if such owner shall not begin to repair, take down, or secure such building, wall, or other thing within the space of three days after such notice, and complete the same as speedily as the nature of the case will admit, he shall be liable to a penalty not exceeding twenty pounds for every such neglect. 41. If the Board shall consider any chimney, by reason of its being of insufficient height or of its being built of wood or other improper material, Or from any other cause likely to endanger auy building near or adjoining thereto, they shall cause a notice in writing to be given to the owner of such chimney, or left upon the premises where such chimuey shall be standing, requiring such owner within a time specified in such notice to pull down, heighten, or repair such chimney as occasion shall require; and if such owner shall fail or neglect to perform the work so directed to be done within the time specified in such notice, he shall be liable to a penalty of any sum not exceeding ten pounds, and also a further sum of oue pound for every week he shall neglect to pull down, heighten, or repair such chimney as the case may be after the time specified in such notice.

42. If any horse, ass, mule, cattle, sheep, pig, or goat shall be found wandering at large or straying, or tethered upon any road or street, the the owner thereof shall forfeit and pay for every animal so wandering, straying, or tethered, any sum not exceeding ten shillings, or the same may be driven to the nearest pound and there impounded, subject to the provisions of the Impounding Act in respect of cattle tresspassing upon inclosed land-

43. The Board for each town shall from time to time appoint some fit and proper person to be Inspector of Nuisances, and it shall be lawful for such Inspector, at all reasonable times of the day, to enter upon any premises not being dwelling houses", for the purpose of ascertaining whether anv nuisance shall exist upon any such premises.

44. Any person or persons who shall permit any nuisance to exist in the shape of any noisome or unhealthy trade, or of any privy, sty, or receptacle for filth of any kind, upon any premises in the occupation of such persons, after the expiration of three clear days' notice in writing from the Inspector to abate the same, shall be liable to a penalty not exceeding ten pounds. 45. If any person shall light any fire, or throw down any lighted match or other lighted substance in any street or road, such person shall, for every such offence be liable to a penalty not exceeding forty shillings. 46. All penalties incurred under this Act may be recovered in a summary manner: provided always, that no penalty shall exceed one hundred pounds. 47. Nothing in this Act shall authorise any rate to be levied upon any lauds belonging to the Crown, unless such lands shall be leased, or held under license, otherwise than for the purpose of mining for gold, nor 1o lands reserved or set apart for public purposes, nor to places set apart for public worship, or vested in trust for any public object, unless such lands hall be leased or otherwise let at rents nor to buildings belonging to any Literary or Scientific Institution, not to the dddfellows,Foresters,|Hibernian Australasian Catholic Benefit Society, or any other Charitable societies.

The 'Argus,' of May 11th, reports:—ln sugars a steady business continues to be done, and some 500 bags, yellow., to fine counters, have been disposed of at from £33 10s to ,£36 10s per ton. The demand for flour has been limited 5 £ls 15s to £l6 per ton for bilkers' parcels. Wheat, good samples, Gs lod to 7a per bushel. Inferior qualities not readily placed. In oats, prices have undergone- no alteration. Maizo is steadily moved offin fair parcels at 3s 3d to 3s 5d per bushel. For barley there is an inquiry for first-class samples for molting j but there is very little offering. At Adelaide, on May 10, wheat was quoted ;it 6s. (JEor remainder of news see 4>t7i page.)