Municipal Corporations Act Amendment Act 1868
Municipal Corporations Act Amendment Act 1868
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Municipal Corporations Act Amendment Act 1868
Municipal Corporations Act Amendment Act 1868
Public Act |
1868 No 52 |
|
Date of assent |
20 October 1868 |
|
Contents
An Act to amend “The Municipal Corporations Act 1867.”
Preamble
WHEREAS doubts have arisen as to the operation of “The Municipal Corporations Act 1867”
in relation to counties districts or places within the Colony not included within the boundaries of any Province and as to the extent of the power given by the said Act to Superintendents of Provinces to declare that certain complete parts of the said Act shall extend and be applied to cities towns or places incorporated at the time of the passing of the said Act and it is expedient that such doubts should be set at rest and that the said Act should be further amended
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows—
1 Short Title.
The Short Title of this Act shall be “The Municipal Corporations Act Amendment Act 1868.”
2 Municipal Corporations Act in operation as regards Westland from date of commencement of Act.
The provisions of “The Municipal Corporations Act 1867”
hereinafter referred to as “the said Act”
shall be and be deemed to be and to have been on and from the first day of November one thousand eight hundred and sixty-seven applicable to the County of Westland and every part thereof in the same manner in all respects as the provisions of the said Act are hereinafter declared to be applicable to counties districts and parts of the Colony not included within any Province.
3 Application of the Municipal Corporations Act.
The provisions of the said Act shall be and be deemed to extend and be applicable to all counties districts and parts of the Colony not included within any Province And in the construction of the said Act the term “Province”
shall be read and construed as including counties districts and other divisions of the Colony constituted established or to be constituted and established as divisions distinct from Provinces by or under the authority of any Act of the General Assembly And all acts powers and authorities which under the authority of the said Act or of this Act may be done by or are vested in or conferred on the Superintendent of a Province may be done by and shall be deemed to be vested in or conferred on the Governor and may be done and exercised by him or by the person to whom the Governor shall from time to time delegate the same in all cases except where the act power or authority in question is required to be done or exercised on behalf of or in relation to any Province and the Governor is hereby empowered from time to time to make alter revoke and rescind any such delegation.
4 Power to extend complete parts of “The Municipal Corporations Act 1867”
to towns incorporated before the passing of that Act may be exercised as often as may be required.
It shall be lawful for the Superintendent of any Province from time to time and as often as may be necessary to exercise with regard to any city town or place within such Province incorporated at the time of the passing of the said Act the power conferred on the Superintendent by the three hundred and ninetieth section of the said Act to declare that any complete parts of the several parts of the said Act numbered from two to twenty-two respectively shall extend and be applied to such city town or place.
5 Provision for extension of time for holding elections &c. in certain cases.
Within the period of fifteen days before or after the day appointed for the holding of any election or of any meeting of Councillors or for the doing of any act matter or thing by the said Act required to be done on or before a day certain it shall be lawful for the Governor in Council to extend the time allowed for the holding of such election or meeting of Councillors or for the doing of any such act matter or thing as aforesaid notwithstanding the day may have passed on which the same ought to have been held or done and to adopt or cause to be adopted such measures as may be necessary to remove any obstacle of a technical or formal nature by which the carrying out of the provisions of the said Act may be impeded and to supply any deficiency which may be required to be supplied in order to enable the said provisions to be duly carried out Provided always that any such measure so adopted by the Governor in Council shall be duly notified in the New Zealand Gazette.
6 Inhabitants of Auckland Wellington Nelson Christchurch and Dunedin to be incorporated as Mayor Councillors and Citizens of a City and the Council to be called City Council.
The inhabitants of each and any one of the Cities or Towns of Auckland Wellington Nelson Christchurch and Dunedin respectively when and as soon as the inhabitants of such city or town shall adopt the provisions of the said Act and become incorporated thereunder shall be a body corporate under the name of the Mayor Councillors and Citizens of the City or Town of Auckland Wellington Nelson Christchurch or Dunedin as the case may be and in the interpretation of the said Act the word “borough”
in relation to each of the said cities or towns so incorporated as aforesaid shall be read as and taken to mean “city”
the words “Borough Council”
shall be taken to mean and include “City Council”
and the word “burgesses”
shall be taken to mean and include “citizens.”
7 Governor in Council may direct how rights and liabilities are to be apportioned in case of a borough constituted within boundaries of a road district.
In every case in which a borough is constituted under the authority of the said Act within the boundaries whereof is included territory theretofore included in one or more road districts highway districts or districts of a like nature the Governor in Council from time to time may order and direct to and upon which of the several bodies namely the Council of the Borough and the Boards of the Road Districts any or all of the rights and liabilities of the Boards of such Road Districts respectively shall belong and attach and by or against which of such bodies all or any of the actions suits or proceedings pending at the time of the constitution of such borough by or against the Boards of the Road Districts or any of them shall be carried on and prosecuted and that all or any rates made before the constitution of such borough remaining unpaid shall be paid to and levied and recovered by either of such bodies and may from time to time award to either of such bodies to be paid by any other or others of them such contribution in respect of all or any of the matters aforesaid and also such division of the property and moneys of the road districts or any of them and the borough as shall seem fit but all land of the Boards within the borough shall belong to the Corporation of the Borough wherein it is situated and unless the Governor shall otherwise order as aforesaid all rates on property within the borough shall be paid to and levied and recovered by the Council of the Borough in which the rateable property is situate.
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Versions
Municipal Corporations Act Amendment Act 1868
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