County of Westland Amendment Act 1869
County of Westland Amendment Act 1869
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County of Westland Amendment Act 1869
County of Westland Amendment Act 1869
Public Act |
1869 No 44 |
|
Date of assent |
3 September 1869 |
|
Contents
An Act to amend “The County of Westland Act 1868.”
Preamble.
WHEREAS by “The County of Westland Act 1868”
it is provided that there shall be a Treasurer for the said County to be appointed by the County Council and that the proceeds of Land Revenue Gold Fields Revenue and other Revenues received in the said County and other moneys shall be paid to the County Treasurer for the County Council to be expended in and upon certain purposes therein mentioned And whereas it is expedient that provision should be made for the payment of such moneys to an account at a Bank to be called “The Westland County Account”
instead of to the County Treasurer And whereas by the said Act it is also provided that the County Treasurer shall out of any moneys in his hands on behalf of the Council pay for such purposes as in the said Act mentioned such sums and to such persons as he shall from time to time be directed so to do by any Resolution of the County Council passed in pursuance of the said Act and any Bye-laws made thereunder signed by the Chairman of such Council And whereas it is expedient that payment of such money should be authorized only by Resolutions passed after due notice
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 County of Westland Amendment Act 1869.”
2 This and “The County of Westland Act 1868”
to be read as one Act.
This Act and “The County of Westland Act 1868”
herein referred to as “the said Act”
shall be taken and read as one Act.
3 Moneys now payable to County Treasurer to be paid to Bank to an account to be called “The County of Westland Account.”
All moneys which by the said Act or any other Act shall be payable to the Treasurer of the said County for the Council thereof shall be paid into such Bank as the County Council shall from time to time appoint to an account there to be called “The County of Westland Account”
and any person in the public service to whom any money shall be legally payable for or on account of the said County shall pay all such moneys which shall come into his possession or control into the said Account and such moneys shall be disposed of as in this and the said Act mentioned and not otherwise and if any officer as aforesaid shall fail to pay any such moneys as hereinbefore directed he shall over and beyond any other penalty or punishment he may have thereby rendered himself liable to forfeit and pay a penalty of five hundred pounds to be recovered by suit in the Supreme Court in the name of the Auditor of the County for the benefit of the Consolidated Fund but the recovery of such penalty shall not discharge such officer from any suit for the recovery of any money which he shall have omitted to pay into such Account.
4 Resolutions authorizing payment of money from Public Account how to be passed.
No Resolution purporting to authorize the issue or payment of any money from the Public Account of the said County shall be considered or agreed to by the said Council except at a meeting of the said Council whereof special notice shall have been given by the Chairman to each of the Councillors specifying the object of such meeting seven clear days at least before such meeting and such special notice shall be in writing or print or partly in writing and partly in print and shall be by the Clerk of the County Council delivered or sent by post or otherwise to the place of abode or business of each of the Councillors seven clear days at least previous to such meeting and every such special notice shall specify the time of meeting and the object thereof showing the amounts proposed to be authorized for payment and the purpose on or for which such moneys are to be expended.
5 Moneys how to be drawn from County Account. Proviso.
No moneys shall be drawn from the said Account except by cheque signed by the County Treasurer and countersigned by the Chairman of the said Council and the Auditor for the County of Westland or by the said Auditor and one Member of the said Council appointed by the Council for the purpose and such Treasurer shall not sign nor shall such Chairman or any Member of the said Council or such Auditor countersign any such cheque unless a Resolution of the said Council shall have been duly passed authorizing the expenditure of such moneys the purposes for which the same are to be expended and the amount to be expended And if such Treasurer or Chairman or any such Member shall sign or countersign any such cheque except in accordance with the provisions of this Act he shall over and beyond any other penalty or punishment he may have thereby rendered himself liable to forfeit and pay a penalty of five hundred pounds to be recovered in the Supreme Court at the suit of the Auditor for the County for the benefit of the Consolidated Fund and if any such Auditor shall countersign any such cheque except in accordance with the provisions of this Act he shall over and beyond any other penalty or punishment he may have thereby rendered himself liable to forfeit and pay a penalty of five hundred pounds to be recovered in the Supreme Court at the suit of the Attorney-General for the benefit of the Consolidated Fund Provided however that the recovery of any such penalty shall not discharge any such Chairman Treasurer Member or Auditor from any suit for the recovery of any money which he shall have illegally drawn from such Account.
6 When County Revenue insufficient to meet authorized expenditure Council empowered to borrow to extent of one-fifth of previous year’s County Revenue.
If the current income of “The County of Westland Account”
shall be at any time insufficient to provide the sums which may have been authorized to be expended by the County Council it shall be lawful for the County Council to borrow from any Bank or other person any sum or sums of money provided that the total so borrowed shall not at any time exceed including existing overdrafts onefifth of the previous year’s Revenue of the County as hereinafter defined and the principal and interest of all moneys so borrowed shall be a first charge upon the accruing income of the County of Westland Account.
7 Previous year’s Revenue defined.
The previous year’s Revenue of the County shall be taken to mean the total sum actually paid into the County of Westland Account on account of revenue during the year ending on the day of the last half-year’s general meeting held next before the making of the contract for such loan or overdraft after deducting therefrom the proceeds of all Loans whether raised under this Act or otherwise or the Sinking Funds payable under any Act of the Assembly.
8 Moneys how to be borrowed.
All such money shall be borrowed either by way of Overdraft upon the County of Westland Account at the Bank at which such Account may be kept or upon the security of a Deficiency Bill or Deficiency Bills which shall be signed by the Chairman of the County Council and shall be countersigned by the County Treasurer and County Auditor and shall not have a currency extending beyond six months from the issue thereof and the proceeds of every such Overdraft or Deficiency Bill shall be paid into the said Account and except for the purposes of the sixth section of this Act shall be deemed and treated as Revenues of the said County.
9 Colony not to be liable for Loans.
No Overdraft or Deficiency Bill made or authorized under this Act shall be deemed to give any person whatever any claim upon the Government of the Colony or on the Consolidated Revenue of the Colony.
10 Westland Gold Fields revenues to be paid into Public Account of the Colony in the first instance.
It is hereby declared that the revenues arising within the said County under “The Gold Duty Act 1858”
and “The Gold Fields Act 1866”
or under any Act amending the same are and shall be unless the Colonial Treasurer shall for the time being have otherwise directed under the twelfth section of “The Public Revenues Act 1868”
payable in the first instance into the Public Account of the Colony by all Receivers thereof.
11 Governor empowered to assume management of Police of County of Westland.
If and whenever the Chairman and the County Council shall request the Governor to assume the control of the Police Force in and for the County of Westland it shall be lawful for the Governor with the advice and consent of the Executive Council of the Colony to order that from and after such day as shall be fixed in the order the Police or Constabulary Force in and for the said County shall cease to be maintained or managed by the said Chairman or the said Council and from the day so fixed so much of “The County of Westland Act 1868”
as empowers or authorizes the Chairman of the said Council to cause a Police or Constabulary Force to be enrolled or embodied or to appoint any officers to or for such Force and all other powers and authorities vested in the said Chairman or in the said County Council relating to the establishment maintenance control or description of any such Police or Constabulary Force or to the expenditure of moneys for the purpose of maintaining a Police or Constabulary Force within the County of Westland shall cease and determine.
12 Police expenditure in County how to be regulated and charged.
Whenever the Governor in Council shall have made any such Order it shall be lawful for the Governor to cause to be embodied either under “The Armed Constabulary Act 1867”
or “The Constabulary Force Ordinance”
Session VI. No. II. a sufficient number of fit and able men to serve as a Police Force in and for the said County but such men shall be sworn in to act as Constables in and throughout the Colony and all the costs charges and expenses of establishing and maintaining such force shall be regulated by the Governor in Council and be charged against the County and be paid and deducted by the Colonial Treasurer out of any moneys by law payable to the County of Westland Account.
13 Rates for Hospitals may be levied.
It shall be lawful for the County Council to make and recover a rate upon all rateable property within the County of Westland such rate not to exceed sixpence in the pound in any one year for the purpose of maintaining Hospitals within the County the Ratepayers’ Rolls of the several Road Board Districts and Municipalities to be the Ratepayers’ Roll for the aforesaid purpose.
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Versions
County of Westland Amendment Act 1869
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