Act Repealed Latest version as at 08 December 1877 (as enacted) | 1877 No 35

Counties Act Amendment Act 1877

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Contents

Short Title.

Amendments in Act of 1876.

Special loans and overdrafts in counties brought under Act.

When three-fourths of riding included in any one or more municipalities it shall cease to be a riding.

Provision in cases of the whole of the Counties Act not being in force in any county.

Counties Act Amendment Act 1877

Public Act		1877 No 35
Date of assent		8 December 1877

	Title
1	Short Title.
2	Amendments in Act of 1876.
3	Special loans and overdrafts in counties brought under Act.
4	When three-fourths of riding included in any one or more municipalities it shall cease to be a riding.
5	Provision in cases of the whole of the Counties Act not being in force in any county.

An Act to amend “The Counties Act, 1876,” in certain particulars.

BE IT 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 Counties Act Amendment Act, 1877,” and it shall be deemed to be incorporated with and shall be read with the said Act.

2 Amendments in Act of 1876.

“The Counties Act, 1876” (herein called “the said Act”), is hereby amended as follows, that is to say,—

Contracts, &c., to be made in name of County Council

Section ten: The following words shall be added thereto:—

Every contract or engagement made for or on behalf of a county shall be made in the name of the County Council thereof, and shall be made and executed in manner provided in section twelve of “The Public Works Act, 1876,” in respect of contracts for county works.

Mode of convening special meetings of non-active Councils

Section twelve: The following words shall be added to the section, to be inserted after the subsections thereof:—

In all cases where a special meeting of the Council of any county in which the whole of the said Act is not in force is authorized to be held, such meeting may be convened by the Chairman upon a requisition in writing, signed by any three Councillors, for a day sufficiently distant to admit of each Councillor receiving not less than seven clear days notice thereof. In case of the sickness or unavoidable absence of the Chairman, the Clerk of the Council may convene such special meeting in manner aforesaid.

Number of Councillors.

Section fifty-nine: The words “exclusive of the Chairman” shall be omitted therefrom.

Travelling expenses of Councillors may be voted.

Section seventy-three: The following words shall be added thereto:—

The Council may from time to time vote such reasonable sums as it shall deem sufficient to defray the travelling expenses of Councillors coming from a distance to attend the meetings of the Council; and no Councillor voting upon any such question shall thereby become liable to any penalty mentioned in the first part of this section.

Exclusion of strangers in Council.

Section seventy-six: The following words shall be added thereto; or, upon motion made, when the Council sits in Committee of the whole Council.

Executive Committees.

Section eighty-two: The following words shall be added thereto:—

And the Council may from time to time similarly appoint and discharge executive committees for such special purposes as it shall think fit, and may regulate the action of any such committee, and prescribe the functions it shall exercise.

Chairman of Road Board compellable to give information.

Section one hundred and seven: The following words shall be added thereto:—

The Chairman of every Road Board shall be compelled to give all information required of him by or on behalf of any County Council on any matter, requisite to enable such Council to carry into effect any of the provisions of the said Act, and to produce all books, papers, and documents belonging to the Board that relate to any such matter, to any person authorized by the County Council to apply for the same; and in case of refusing or neglecting to give any such information when called upon to do so, such Chairman shall be personally liable to a penalty not exceeding five pounds for every such refusal or neglect, to be recovered in a summary manner before any two Justices of the Peace by any person who may choose to sue for the same.

The word “Chairman” in this section shall include the Acting Chairman for the time being, and also the person having the control over the books, papers, and documents belonging to the Road Board.

3 Special loans and overdrafts in counties brought under Act.

The Council of any county shall, so soon as the whole of the said Act has been brought into force within such county, have the powers following with respect to special loans and overdrafts respectively, that is to say,—

Loans to be estimated on Eoad Board rates.

(1.)

Any such Council, before it shall have levied any general county rate, may borrow sums by way of special loan in the manner mentioned in the one hundred and thirty-ninth section of the said Act, subject to the condition that the amount for which any such county as above mentioned shall be liable, in respect of money borrowed by way of such special loan, shall not exceed four times the total amount which may have been or may be levied in the year when such sum is borrowed, by all the Road Boards within such county.

Overdrafts estimated on Road Board Funds.

(2.)

Any such Council, before any moneys have been paid into the County Bund, may, in anticipation of its current revenue, borrow moneys from the bank by way of overdraft in the manner mentioned in the one hundred and fifty-fifth section of the said Act; but the amount of such overdraft shall not exceed the total amount of the receipts of all the Road Boards Funds during the year ending on the thirty-first day of March previous, not including any moneys received by way of grant or subsidy from the Government, or any moneys borrowed, or any moneys received for separate rates.

4 When three-fourths of riding included in any one or more municipalities it shall cease to be a riding.

When not less than three-fourths of the area originally included within any riding shall have been included in any one or more municipalities, such riding shall cease to be a riding of the county, and the member or members representing such riding shall cease to be a member of the County Council; and any portion or portions of such riding not included within a municipality shall be added to any one or more of the ridings of the county, in such manner as may be determined by the County Council.

5 Provision in cases of the whole of the Counties Act not being in force in any county.

In any case where the whole of “The Counties Act, 1876,” is not in force in any county, the Governor in Council may exercise within such county all the powers conferred on County Councils by section one hundred and seventeen of “The Public Works Act, 1876.”

Counties Act Amendment Act 1877