The Westport Times. TUESDAY, APRIL 29, 1873.

Westport Times, Volume VII, Issue 1067, 29 April 1873, Page 2

The Westport Times. TUESDAY, APRIL 29, 1873.

The New Zealand Gazette, of the »17th instant, contains a proclamation by the Governor declaring "Westport to be a Municipality and defining its boundaries. Following thereon a proclamation of similar purport will appear in the Provincial Government Gazette, and thereafter a day will be appointed by tho Governor for the first election of Councillors, as a preliminary step towards setting the municipal machinery in motion. The provisions of the Municipal Act and Amendments therefore become of special interest, and we purpose extracting therefrom such information as may best tend to explain the primary mode of procedure.

First as to the election of Councillors and their qualifications. The Act provides that there shall be lor each borough a council consisting of nine councillors, and the day for the first election of council shall be appointed by the Governor, such day being "not less than forty days after the same (i.e. the town) has become such borough." The qualification of candidates is thus stated in clause 77, part IV., " For the first election of councillors under this Act in every borough in which no councillors shall as yet have been in office," the whole number of councillors shall be elected from among " those: persons enrolled on any electoral roll'which under the provisions of ' The Registration of Electors Act, ISGG," shall for tho time being bo iu force, whose qualifications are in respect of lands or tenements situato within the borouqh and none other.'" Thus the day of first election is left to the option of the Governor, and, if the clause of the Act is to be literally interpreted, he may, if he chooses, fix it immediately after the forty days have elapsed, or, if he'thinks fit, indefinitely p'ostpone it, and the choice of candidates for election is limited strictly among individuals whose property qualification is situate within the municipal boundaries. The Act does not, however, stipulate that the possessor of such qualification must of necessity be a resident within the Municipality. It seems to have been presumed by the framers of the Act that non-residence would effectually debar a candidate from all chances of election, eveu although he should live just without the municipal boundaries, and be prepared to fulfil the duties of his office.

Presuming that tho Governor will with all convenient despatch name the day of election, the Returning Officer, to be also appointed by the Governor —and whose duties will probably devolve upon the Warden of the district—will, fourteen clear days before the day of election, give public notice requiring all candidates to be nominated upon some certain day " not less than three days nor more than seven days from the time of giving such notice." In each instance where a candidate is nominated the nomination paper to be handed to the Returning Officer must bear the signatures of not less than three persons duly qualified to vote, and also the signature of the person named therein as a candidate. The nomination papers thus signed will be posted for public information until the day of election, and a penalty not exceeding twenty pounds may be inflicted upon any person signing a nomination paper who may not be qualified to do so under the provisions of the Act. If the election is uncontested by reason of no more than nine duly qualified candidates being nominated, the Returning Officer at the termination of the time stated declares them to be duly elected. In the case of contested election the amendment Act of 1871 provides that the Returning Officer shall cause ballot papers to be printed bearing the names of all the candidates, and also publish such names in some newspaper circulating in the borough, and also notify the day whereon a poll will be taken. It will also devolve upon tho Returning Officer, according to his discretion, to cause booths to be erected or rooms hired and to appoint poll clerks for taking the poll. In using tho ballot papers as mentioned, each voter will strike out thereon the name of the candidate or candidates for whom be docs not in-

tend to vote, ancj the paper so marked ia to be dropped by the voter into a ballot box, placed in the ballot room or polling booth. In order to guard against any illegal voting every person tendering his vote will be required by the Returning Officer or his deputy to answer certain questions as to his christian name and surname, his qualification, the particular electoral roil whereon his name is enrolled as an elector, the description of his property, and whether ho 'has or has not voted at the present election. Persons found guilty of false answers, double voting or personation, or who " shall attempt to depart from any polling booth after having received a ballot paper without having deposited the same in the ballot box," will be liable to imprisonment for any period not exceeding one year. It will be thus seen that all precautions are taken to ensure municipal elections being conducted with due order and decorum. ■ln case two or more candidates receive an equal number of votes the Returning Officer records his casting vole, and as soon as conveniently after the polling day the final result "of the election is declared. It may be here quoted "that no bankrupt or insolvent who has not obtained his final order of discharge, no person attainted of treason, or convicted of felony or perjury or any infamous crime, and no person of unsound mind," shall be entitled to hold office as councillor. Nor can any contractor working for the Council, or other person holding office or place of profit, act as councillor, under a penalty of £SO.

One-third of the number of councillors will retire in rotation on the second Thursday in September in every year, thi'ee others being elected in their stead, or they themselves receiving re-election. The first order of retirement being regulated by the number of votes received at election, the recipients of the lowest numbers first retiring, and thereafter those councillors who have been longest in office without re-election will retire.

The election of Mayor takes place at the first meeting of the council, the members present electing by a majority of votes " one of their body, or some person not being one of their body, but qualified to be a councillor." The mayor thus appointed will hold office until the annual meeting of Council on the second Thursday in September, and the Governor, if he think fit, may appoint him a Justice of the Peace, such appointment to continue in force only during the mayoralty. The election of two assessors and two auditors from among persons qualified to be councillors, is annually vested in the electors. Such elections to take place on the first day of March in every year, and such officers must not be elected from among the then present councillors or their servants.

Tho appointment aud payment of treasurer, town clerk, surveyor, valuers, collectors, aud all other officers, is vested in the council, and from all entrusted with the control of moneys by virtue of their offices sufficient security is required for the faithful execution of their duties. Within four months after the constitution of the borough the Council shall cause a valuation to be made of all rateable property within the Municipal boundaries, " and in every such valuation the property rateable shall be computed at its annual value, that is to say, at the rent at which the same might reasonably be expected to let from year to year." Such valuation to be not less than five per cent, upon the fair capital value of the fee simple of such property. Against unjust rating the ratepayers have the right of appeal to the R.M. Court, or to the District, or Supreme Court. The " general " rates to be levied must not exceed one shilling in the pound in any one year, but under special order, approved by the Superintendent, a " separate" rate not exceeding sixpence in the pound may be levied for the execution of special work in any portion of the borough, such rate to be borne by the ratepayers living within such portion, provided that onethird of their number shall have signed a petition praying that such separate rate might be levied. The Council has also power, under certain restrictions to levy what are termed "special" rates, such general and special rates taken together not to exceed at any time two shillings in the pound of the assessment. Upon the security of such " special " rates the Council may borrow money for permanent works or undertakings, to an amount which " shall not at any one time exceed in the whole five times the amount of the ordinary rates levied in the year next preceding the year in which the moneys are proposed to be borrowed." To secure the principal and interest of such borrowed money the Council may issue debentures of fifty pounds each redeemable at any periods within fifteen years from the issue thereof. In the case of Westport, wherein the borough funds will consist of rents from leasehold sections and leviable rates, it may be presumed that if a loan is negotiated for public works the aggregate amount of rents and rates will be taken into account.

on their way to Nelson, and be, clearly posted up as to tho wishes and requirements of the petitioners. The Charles Edward leaves Groymouth this morning for Westport. We have received telegraphic intimation that Messrs Guinness, Pinkerton, and A. Reid, M.P.C.'s will be passengers en route for Nelson. It was Mr Reid's intention to resign his seat for tho Buller, so as to enable a local resident to be elected in his stead, but considering the ensuing session will be the last prior to a new election of Council, and that several friends of the Coast such as Messrs Kynnersloy and Luckie are out of the 'Council, he believes the district generally will be no worse-represented'by an accustomed member than by a novice, and he has determined, therefore, to attend the sitting. Mr Reid hopes to confer with residents in Westport before leaving for Nelson. Mr Donne has also arrived from Charleston, and will go up by the same steamer. The West Coast will thus be well represented at the opening of tho Council. Wo have not heard the purposed movements of the local member for the Buller.

An accident happened at Addison's Flat on Friday evening last, resulting in injury to a -miner named- -Joseph Halligan. He was working with his' two mates in a claim known as M'Laughlin's near the Shamrock, and while standing close under the face a large mass of earth and cement came suddenly down without warning and buried him. His mates by dint of strenuous efforts were successful after a time in getting him out again, and to thejr joyous surprise found him still alive and sensible, but disabled from injuries at the hip. He was taken to his hut, and on Sunday a party was formed to bring him in to the Westport Hospital where he now lies. If the Municipal Corporation that is to be should desire to avoid the pains and penalties of the law it will be found an imperative and necessary first official duty to place the " city" highways and byways in better condition than now prevails. At present they form but an aggravating system of mantraps. Along the river bank it is positively dangerous to walk after dusk, and oneplaceinparticulai-,nearNclson street, may, in more than one sense of the word, be designated a veritablo pit-fail. On Friday evening two worthy pillars of the law and medicine wore walkingnot too circumspectly along the river bank, and knowing not'too well the devious intricacies of the way the legal luminary suddenly found himself temporarily extinguished, going over the river bank and sousing in deep water. Luckily he could swim; and after a plunge and splutter he reached the sturdy grip of a friend on the bank and regained terra flrma. The why and wherefore of this little episode, which might have had a more tragical ending, is that the wash of the river continually wearing away gaps and bights in the unprotected bank, makes all attempts at progression in a straight line a feat to be avoided. We have received no messages from our telegraph agent for publication in this issue.

The spring tides are encroaching steadily at the corner of Kennedy street. It was found necessary yesterday to remove the kitchen sheds at the back of the Clarendon Hotel.

tt will be noticed by advertisement that the Victoria Butchery in Wharf street has changed hands. Mr E. Gothard has succeeded Mr Colvin, and from his experience in the trade is likely to do well and prosper as a flesher.

To-morrow evening the Star Combination Company will appear at the Masonic Hall. The company numbers six performers, all of whom are favorably known to West Coast audiences. Miss Andrews and Mr Simmonds were with the Stephenson troupe on their late visit to Westport, and Mr Arthur Vivian is said to be the best exponent of music hall comic singing yet visiting New Zealand. As an agreeable relief to the monotony of the long'dreary evenings, the performances of the company should meet with fair patronage. The quantity of gold resulting from the crushings of stone from the Lyell reefs has been, according to Mr Warden Broad's annual report, 19G(5 ounces from 454 tons of stone. In addition thereto the Alpine has sent down 300 ounces since the return has been made up. The new supply of hoots received at the Athenaeum will form a very valuable addition to the Library. They comprise works of reference, technical instruction, poetry, biography, and fiction, and are the best and newest editions. As soon as the books have been classed and numbered they will be put in circulation among subscribers. In the estate of Jaalies Simpson, a first dividend of two shillings and sixpence, is payable at the Bank of New South Wales Westport. To-morrow the ceremony of turning the first sod of the Nelson and Foxhill Eailway will be performed, and the Nelsonites have made preparations to celebrate the event in proper style. A committee has been specially appointed by his Honor the Superintendent to organize arrangements, and the Public Bodies of NelsoD, and all people of high and low degree, are expected to take part in the proceedings. The coal seam at the Little Wanganui stream to the north of Mohikinui is attracting some little attention. The schooner Rose of Eden having lately gone in there and obtained a cargo for Wanganui. The seam is close to the bank of the river and is easily worked. The coal is not equal in quality to the Ngakawhau coal, but is free to all comers.

Mining news from the Inangahua Reefs presents no important features. The nett result of melted gold obtained from Anderson's crushing was 807ozs. The companyafter crushing a small lot of 50 tons for the Golden Ledge, will go on with their own stone, and expect to have the new berdan fixed and ready for use shortly. The crush*, ingof the Golden Ledge stone will cost that company 30s for carriage and 25s per ton for the machine. Should the result be satisfactory a race will be brought in from the Inangahua, and a battery erected. The Energetic company are still sinking the shaft on the reef which is proved to be the continuation of the Wealth of Nations reef. The indications of a large body of thoroughly payable stone are conclusive, and the machinery being all paid and the Company free from liability, the shares must soon rise rapidly in value. Holders of same will do well not to dispose of scrip at present. At Larry's the scarcity of water has brought mining operations almost to a standstill,' and the late fall of rain will but temporarily replenish the supply. The reef struck a short time since in No. 2 south gives stone with an excellent show of good coarse gold, and alter the driving has been carried in mother fifteen feet or so the reef will be opened out. In No. 1. the shareholders are driving away, well cheered by the prospects in No. 2., and expecting to also strike the reef daily. They will commence soon to sink into the lower level for the reef. Some new alluvial ground has been opened to the northward, but until water is more abundant little work will be done thoro.

His Honor Mr Justice Richmond, in addressing the Grand Jury at tho late Criminal Sessions at Nelson, referred to the lightness of the calendar, and said: —" We might congratulate ourselves npon this fact, which might be attributed in great part to the settled condition of our goldfields, and the aspect of things there having changed since the time when the first discovery of alluvial diggings had brought upon the country all the rif-raff of the Pacific All that had been altered, and goldmining had settled down into a steady and systematic pursuit, requiring skill and regularity to carry out; bringing in its train the respect for law and order the good effect of which was witnessed in such light calenders as they had that day to deal with. The judicial district assigned to him, Nelson and Westland, produced as much gold as those of Otago and Southland, or that of Auckland, and looking at the connection between gold and crime, there was every reason to believe that there would be so much of the latter here as anywhere ; but the diminution of crime throughout tho Province was notable.

From the published returns made by the Nelson Immigration Commissioners for the year ending 31st March 1873, it appears the balance of funds in hand from the preceding year amounted to .£399 19s 2d, the total receipts for the period under notice £2lB 6ft, and the total disbursements £lO7, leaving a balance of £5lO 19s 8d in hand for immigration purposes. The items of expenditure include ,£39 passage money of immigrants from Melbourne, .£SO salary of Secretary, and £lB for " Court expenses Printing &c." The Secretary would seem to be the individual reaping the greatest advantage from Nelson Immigration. A telegraph station has been opened at Ross, in the County of West-land. According to the Provincial Treasurer's annual statement of accounts, the sum of £2,G77 9s 3d. has been expended during the past year upon " Westport streets, removal of Government Buildings &c.j" and £236 3s 9d, for " Protection works at Westport." There has also been spent on the Goldfields an item of £519 3s 6d for "Streets and local improvements." On Saturday the 19th instant Mr O'Conor addressed the electors at Reefton. Mr Mirfin of the Herald Office occupying the chair. Mr O'Conor delivered his customary lecture on things personal and things political, and at its conclusion received the customary vote of confidence, moved by Mr Hankin, and seconded by Mr Monahan. The Lyell residents were not honored with a visit from their M.H.R.

The proprietors of the Melbourne Argus have issued a prospectus of a new monthly illustrated paper, to be called " The Australasian Sketcher." It is to contain sixteen pages, half of which will be devoted to illustrations and the balance to reading matter. The reasonable rate of 7s per annum, including postage, is to be the price of publication.