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In the Roads and Bridges Construction Act, "local body" is defined to mean " the Council of a County, Road Board, or a River Board," and ; the Amendment Act extends this definition to include " the Council of a Borough the inhabitants of which at the time of last census were returued as numbering less than 4000." In the original Act the only reference to Boroughs was m section 20, which provided that the Council of a Borough limited m population as above " may apply for and obtain aid for the construction of a bridge on a main road upon the same terms and conditions as a Counoil may ; and all the provisions of this Act realting to applications for grants m aid of the construction of main roads, and the granting of the same, and the making of the special rate to secure the repayment of a portion of such grant shall, mutatis mutandis, apply to an application made and granted by virtue of this section, and to the making and levying of a special rate to secure the repayment of a portion of such grant." Although " Council of a Borough " was mentioned m section 20 m the body of the ori* ginal Act, it was nut included m the interpretation clause, and m the Amendment Act of. the following year we find it stated that "local body " includes the Council of a borough limited m population, as mentioned m section twenty of the said Act," It would appear then that this addition was made to rectify an omission m the interpretation clause of the previous Act, and was meant to refer solely to section 20 of that Act, this being the only secj tion m which the Council of a Borough is referred to. It is however held to be just possible that the definition of the last Act may be made to include boroughs wherever •' local body " occurs m the original Act, and it is m this hope that the Palmerston Borough Council are now prosecuting enquiries. Turning then to the provisions as to loans for district roads and river works we find it stated m clause 27 of the Act of 1882 :— " When any local body desires to obtain an advance fpr or tQwards the construction of any district roads or river works within its jurisdiction, it shall make application for the purpose to the Minister " &c. In the case of a Borough applying under this clause of course the first question would be as to whether it possessed a " district road," which is defined to mean " a road other than a main road." Whether this definition includes " streets" within the meaning of the Municipal Corporations Act, is the question upon which the application of the Council will turn. A careful study of the Act clearly shows that it was never meant to allow Boroughs to borrow under the Act for any other than the purposes mentioned m the 20th section, and if the present proceedings are successful there is no doubt Government will be outwitted for once, and a speedy alteration of the Act will ensue. The Act is certainly m a hazy condition, and there is much, to be said on both sides of the question, but we believe Ministers will look at its intention, and refuse to take the view suggested. If they do not they may certainly expect a heavy run on the funds for " district roads," for according to last . census, there are no less than fifty-five boroughs m New Zealand competent to make application if the new reading of the Act is correct. Though the wisdom and propriety of a Corporation endeavoring to wrest to its purposes the provisions of another Act than the one under which it is constituted may be strongly questioned, we have no doubt that if the proposed loan could be raised m the manner suggested it would press very lightly upon the ratepayers, and for this reason we regret the very great probability of a lefusal from Government to construe the Act as desired.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/MT18840201.2.6

Bibliographic details
Ngā taipitopito pukapuka

Manawatu Times, Volume X, Issue 1164, 1 February 1884, Page 2

Word count
Tapeke kupu
677

Untitled Manawatu Times, Volume X, Issue 1164, 1 February 1884, Page 2

Untitled Manawatu Times, Volume X, Issue 1164, 1 February 1884, Page 2

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