An Act to create Trusts for certain Reclaimed Swamp [Assented to, December 22nd, 1906.] E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as BE follows: 1. This Act may be cited as "The Reclaimed Swamp Lands Short title. Trusts Act, 1906." "Board" means a Board of Trustees appointed under this Act: A-910 "Commissioner " PART I. Interpretation. PART 1. The Reclaimed Swamp Lands Trusts Act.-1906. "Commissioner " means the Commissioner of Crown Lands and Immigration for the time being: "Gazette" means The South Australian Government Gazette: 66 Irrigation area" means an irrigation area declared under this Act: "Justice" means Justice of the Peace for the said State: "Proclamation" means a Proclamation by the Governor in the Gazette: "Ratable property" means any lands situate within an irrigation area. "Ratepayer" means the occupier or owner of ratable property: "Reclaimed lands" means lands reclaimed from being swamp lands. PART II. Irrigation area. Formation. Petition for. Proclamation of. PART II. IRRIGATION AREAS. 4. Any area or areas of reclaimed lands may be declared an irrigation area in manner hereinafter provided. 5. A majority of lessees occupying any such area may present a petition to the Governor praying that such area may be declared an irrigation area. 6. Every such petition shall be signed by the petitioners, and shall state I. The boundaries proposed for such irrigation area : II. The names of the petitioners: III. The area occupied by each: and shall contain a statutory declaration by some person, not being one of the petitioners, that the signatures to the petition are those of the persons whose they purport to be. 7. The Governor, upon receipt of any such petition, may, by Proclamation, declare the area of reclaimed lands mentioned therein to be an irrigation area, and may at any time alter the boundaries thereof or rescind such Proclamation. PART III. Trustees. PART III. BOARD OF TRUSTEES. 8. The management and control of every irrigation area shall be vested in a Board of Trustees. 9. Every The Reclaimed Swamp Lands Trusts Act.-1906. PART III. 9. Every Board shall consist of five members, one to be appointed by the Governor and the other four to be elected in manner herein- Constitution. after appearing, and shall be a body corporate under the name of "The Irrigation Board," and shall have perpetual succession and a common seal, and by such name be capable of suing and being sued. 10. The corporate name of the Board shall be part of the common Name of Board. seal. Board and auditors. 11. The following provisions shall apply to the constitution of the Appointment of first Board: (a) The Governor shall appoint five persons to be the Board: (b) One of such members shall be a Government officer: (c) All other members of the Board shall be ratepayers within the area: (d) The Governor may also appoint one of such members to be chairman of the Board, and two auditors: (e) Such Government officer shall hold office during the pleasure of the Governor, and shall not be subject to retirement by effluxion of time: (f) Such other members of the Board and the auditors shall retain office until the election of their successors, as herein after provided. 12. Every ratepayer in the irrigation area, having attained the Who may be trustee. age of eighteen years, shall be qualified to be a member of the Board, unless he or she (a) Is an uncertificated insolvent : (b) Holds the office of treasurer, auditor, or a place of profit in the gift of the Board: (c) Is pecuniarily interested in a contract with the Board. 13. The following acts and events shall cause a vacancy in the How vacancy office of member or auditor of a Board : (a) Death or lunacy: (b) Insolvency, or the execution of a statutory deed of assignment for the benefit of his creditors, or compounding with his creditors for less than Twenty Shillings in the Pound: (c) The conviction of felony: occasioned. (d) Absence PART III. Time of elections. The Reclaimed Swamp Lands Trusts Act.-1906. (d) Absence from the State, without leave of the Board, during the holding of three consecutive ordinary meetings, or failure to attend the meetings of the Board for three consecutive ordinary meetings without sufficient cause, and followed, in either case, by a resolution passed by the Board within three weeks after the last of three such consecutive ordinary meetings declaring the office vacant, which resolution the Board may pass but are not bound to pass (e) Any disqualification, and notice thereof by the disqualified f) Resignation, by notice posted or delivered as aforesaid: (h) The judgment or order of any duly authorised Court or 14. (1) At the expiration of twelve months from the appointment of the first Board and auditors, and subject to the provisions of subsection (e) of section 11 hereof, an election of trustees and auditor shall be held. (2) At the conclusion of such twelve months, and thereafter at every annual election, one-half of such members (other than the Government officer) shall retire. (3) The members to retire at the expiration of twelve months from the time of the first appointment shall be decided by lot. Members to retire at the expiration of every subsequent twelve months shall be those who have been longest in office without re-election, and when the number cannot thus be made up lots shall be drawn between those who have been an equal time in office without re-election to decide which of them shall retire, and the retirement shall take place accordingly. (4) The Chairman shall in no case be required to draw lots, but the other member or members with whom it would be necessary but for his position of Chairman that he should draw lots, shall retire or draw lots between them to decide which of them shall retire. (5) Members required by this Act to retire shall go out of office, but shall be deemed to hold office until their successors are appointed. (6) At the expiration of twelve months from the appointment of auditors, and thereafter at every annual election, one auditor shall retire from office. The auditor to retire shall be the one who has held office the longest without re-election, and if both shall have so held office for the same length of time the auditor to retire shall be decided by lots to be drawn by the chairman. (7) All drawing of lots to decide retirements shall be had fourteen days at least before day of election. 15. (1) The |