CHAP. XVII TRANSFER OF THE CUSTOMS 167 re-organisation was not effected till the appointment of Mr. Childers in 1854, and even then the old title of "Collector' was retained, though the Collector undertook the Imperial duties of "Comptroller of Customs and Navigation Laws."1 The inevitable effect of the change would be to consolidate the colonial executive, and thus prepare the way for Responsible Government. 1 V. and P. 1855-6 (Papers), ii. p. 51. CHAPTER XVIII LOCAL GOVERNMENT It now becomes necessary to examine the progress made in the development of local government under the Constitution of 1850. By the Constitution Statute itself it is provided that all District Councils created under the constitution of 1842, to which no elections have ever taken place, shall be treated as null, and that even in cases where elections have taken place, the Governor may, upon the petition of the Council itself or of the inhabitant householders of the District, revoke the patent of constitution. The way thus being cleared of former wrecks, the Governor is to have power, upon the petition, duly proclaimed, of the inhabitant householders of any division not included in an existing District Council, to incorporate such inhabitants in manner and for the purposes provided by the statute of 1842.1 In nearly all respects the provisions and powers contained with respect to the subject in the statute of 1842 are to apply to the Districts thus created, but the important and unpopular provision of that statute which provides for the payment of half the police expenses of the colony by assessment levied upon the Districts, is unequivocally repealed. It is also provided that, in spite of any powers of local government existing by virtue of either statute, the colonial legislature may regulate the exercise of their powers by the local bodies, as well as alter their constitution and powers and the limits of the districts themselves.3 Practically, then, the new Constitution made the future formation of local government areas optional on the part 2 Ibid. § 23. 3 Ibid. § 24. 1 13 & 14 Vic. c. 59, § 20. CHAP. XVIII THE DISTRICT COUNCILS 169 of their inhabitants, and removed the most objectionable feature of the old system, the heavy charge for the police rate. In the second session of the new legislature the matter was taken up, and a select committee appointed to consider the whole subject of district councils.1 On the 15th September a report was presented.2 The committee find that the failure of the scheme of 1842 is due mainly to the great areas of the districts, and to the provisions as to the police rate. They recommend that for the future areas of local government shall not have a radius of more than twenty-five miles, that the duties of the local bodies shall be confined to the execution and maintenance of public works, that to this end the suggestion of the Privy Council with regard to the distribution of the territorial revenue shall be adopted, and that the outstanding liabilities of the Districts of Bourke and Grant shall be defrayed out of the general revenue.3 Of these suggestions the most substantial for general purposes are certainly those which recommend a reduction of the area of the districts and the scope of the local government functions. But the report of the committee loses a good deal of its value when it appears that the evidence upon which it is framed is very scanty, and obviously biassed. Only two witnesses were examined, and they were both led. The report must be taken merely as an expression of the a priori views of the Committee, and it was not adopted by the Council.5 For there was a rival scheme in the field. On the 7th July 1852 the Lieutenant-Governor had laid before the legislature a return showing the amount expended on roads and bridges by the government during the year 1851, and on the same day with the appointment of the District Councils Committee (which was only carried by 12 votes to 5) another committee had been appointed without opposition to consider the subject of roads and bridges. On the 3d November this Committee presented a very interesting report, in which they sketched the previous history of road-making in the parent 1 V. and P. 1852-3, 14th July. 3 Ibid. ii. p. 373. 4 Ibid. pp. 377-381. 6 Ibid. sub date. 2 Ibid. sub date. 5 Ibid. 1852-3, 1st December 1852. 7 Ibid. 1852-3, 14th July. colony of New South Wales. Before 18241 all the roads had been made by Government as part of its ordinary duty, and tolls for maintenance had been levied under prerogative claim. This practice was recognised and continued after the constitution of the Legislative Council by the 6 Geo. IV. No. 20 (N. S. W.), continued by the 2 Will. IV. No. 12 (N. S. W.), and the policy thus inaugurated was extended, and great additional powers given to the Surveyor-General, by the 4 Will. IV. No. 11 (N. S. W.), which also empowered the governor to appoint "Commissioners of Roads," charged to inspect and report. But it is expressly provided by this Act that these developments shall not interfere with "the right of the Crown to make or repair public or private Roads." 3 A schedule to this Act shows that at the date of its passing (1833) there were only thirteen public roads in the whole colony. A great step in the process of development was taken in the year 1840, when the Legislative Council of New South Wales passed an Act, providing for the election of trustees of parish roads by the proprietors of land situated within three miles of and usually approached by any parish road. The trustees so elected may hold office for three years, and may levy a rate for the purpose of making or maintaining parish roads. They may also appoint surveyors, endowed with powers similar to those granted to the Surveyor-General by the 4 Will. IV. No. 11, and the Governor is empowered to proclaim tolls on the roads and to assign the proceeds to the trustees. Apparently some progress had been made under this last enactment, for in the year 1850 we find an Act 5 giving extended powers of letting the road tolls to farm. It should be remembered also that the corporations of Melbourne and Geelong had considerable powers in the matter of road-making. Accordingly the committee recommend a further development of the existing policy, by the creation of an elective Central Road Board, charged with the duty of maintaining the main roads and bridges, and a provision for the creation of 1 I.c. the date of the creation of the first Legislative Council under 4 Geo. IV. c. 96 (ante, p. 12). 2 This Act based itself upon the Imperial Statute, 59 Geo. III. c. 114, but the latter enactment really only refers to import duties. 3 4 Will. IV. No. 11 (N. S. W.), § 33. 5 14 Vic. No. 5 (N. S. W.) 44 Vic. No. 12 (N. S. W.) CHAP. XVIII CENTRAL ROAD BOARD 171 District Road Boards, in districts proclaimed by the Governor, with charge of the parish and cross roads. The Central Road Board is to have the disposal of all the government grants for roads, and is to be assisted by an executive of an inspectorgeneral and staff. The chairmen of the District Boards, when these are established, are to have seats, but not votes, on the Central Board.1 The valuable report of the committee formed the basis of the 16 Vic. No. 40—the " Act for making and improving Roads in the Colony of Victoria." But in one important particular the Act differed from the views of the committee. The Central Road Board created by the Act was a nominee body of three members, appointed during pleasure by the Lieutenant-Governor.2 The Central Road Board is to have the powers and officials suggested by the report,3 and local Road Districts are to be formed in the manner proposed by the same document, except that the initiation is vested in rather a larger class of persons.* Until the District Boards are formed, the trustees of parish roads elected under the 4 Vic. No. 12 (N. S. W.) are to act as District Boards for three miles on either side of their parish roads.5 But though the District Boards, when created, are to have power to levy tolls, the fixing of the rate is to be left, within the bounds prescribed by the Act, to a meeting of landholders and householders." The occupier of land is to be primarily liable for the rate, but may deduct one-half from his rent. All the funds collected by the District Boards are to be paid into the Colonial Treasury, but are to be issuable upon warrants signed by the chairmen and one member each of the respective Boards which collected them. The District Boards are to be capable of suing and being sued in the names of their members, but the liability for corporate debts is to be confined to corporate property." 8 This was a thoroughly statesmanlike attempt to deal with the question, and it succeeded admirably. Up to the 31st December 1855, less than two years from its creation, the Central Road Board had completed 152 miles of main road, and done a good deal of other work at a time when labour was |