Municipal Corporations Act 1876 Amendment Act 1884
Municipal Corporations Act 1876 Amendment Act 1884
Municipal Corporations Act 1876 Amendment Act 1884
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Municipal Corporations Act 1876 Amendment Act 1884
Public Act |
1884 No 38 |
|
Date of assent |
8 November 1884 |
|
Contents
An Act to amend “The Municipal Corporations Act, 1876.”
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 is “The Municipal Corporations Act 1876 Amendment Act, 1884.”
2 Council may amend burgess list.
The Council may at any time and from time to time, and in manner provided in section forty-six of “The Municipal Corporations Act, 1876”
(hereinafter referred to as “the said Act”
), amend any burgess list by the addition or erasure of names of persons who have acquired or parted with their qualification respectively, and whether such burgess list is for the time being in force or not:
Provided that this section shall not authorize the insertion on any such list of any name which appears at the time on the defaulter’s list, and that no amendment of any such list shall be made at any time within one month prior to the day appointed for any ordinary election, nor after the creation of any vacancy, which shall make an extraordinary election necessary, until such elections respectively have been concluded and made.
3 Council may remove impediments in streams.
Whenever, in the opinion of the Council, damage to public or private property within the borough is likely to arise from the overflow of any stream by reason of any rocks, stones, gravel, timber, or other impediment to its flow, it shall be lawful for the Resident Magistrate, upon the application of the Council, and after such inquiry as he may think necessary, to grant an order authorizing the Council to apply the borough funds in or towards the removal of such impediments, and for that purpose to enter upon such stream and upon the adjoining lands, notwithstanding the same may be private lands.
4 Separate rates may be levied for works in part of borough.
Where it appears that any work which the Council is authorized to execute is for the special benefit of any particular portion of the borough, the Council may, for defraying the expenses incurred in executing such work, by special order distinctly defining such portion, make and levy a separate rate; but the total amount of all such separate rates made for any one year in any part of the borough shall not exceed one shilling in the pound.
Such rate to be made on petition.
No such special order shall be made unless a petition shall be presented to the Council praying that a separate rate may be made and levied, signed by two-thirds of the ratepayers having a majority of votes in such portion of the borough liable to be rated to such separate rate.
How moneys to be applied.
The Council shall apply the moneys collected and received from any such portion of the borough respectively by virtue of any such separate rate or rates towards the expense of such works as herein mentioned, or towards recouping themselves the expense of any such works which may have been constructed before such separate rate was resolved on.
5 Ward containing less than twenty-five ratepayers merged.
If at any time after a borough is divided into wards any ward shall contain within its limits a less number of ratepayers than twenty-five, such ward shall thereupon cease to be a separate ward of a borough, and shall be merged into and form a portion of such ward of the same borough as the Council shall by resolution declare, and the Councillors for such ward shall thereupon cease to be Councillors of the borough.
6 Council may declare private streets to be public streets.
The Council of any borough may, by special order,—
(a.)
With the consent of the owner, by deed, declare any private street (within the borough) laid out within the said borough prior to the coming into operation of “The Municipal Corporations Act Amendment Act, 1878,”
notwithstanding that such private street is of any less width than forty feet, and that no petition shall have been presented to the Council in accordance with subsection two of section two hundred and eleven of “The Municipal Corporations Act, 1876,”
to be, and such private street shall, from the time named in such special order, become, a public street: Provided always that such private street shall, previous to the date of such special order, have been formed, metalled, and otherwise constructed in such manner and of such materials as the Council approves;
(b.)
Declare, without such consent as aforesaid, any such private street to be, and such private street shall, from the date named in such special order, become, a public street, subject, however, to subsection two of section two hundred and eleven of the said Act: Provided that, prior to such special order, such private street shall have been formed, metalled, and otherwise constructed in such manner and of such materials as the Council approves.
The provisions of the one hundred and eighty-fifth section of the said Act, and all other provisions of any Act affecting public streets shall, from the day named in such special order, apply to such private streets.
Section fifteen of “The Municipal Corporations Act Amendment Act, 1880,”
is hereby repealed.
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Versions
Municipal Corporations Act 1876 Amendment Act 1884
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