"Surveyor" means the surveyor or engineer of a local
authority or any other person authorised to act as
such for the time being, and includes the building sur-
veyor;

"This Act" includes the regulations in the Second Sche-
dule in so far as they are in operation;

"Town" or "Townsite" means any land constituted, defined, or reserved as the site of a town or village under the Land Act, 1898, or any amendment thereof, or under any Land Regulations in force at any time prior to that Act, and also any land which is or has been a municipal district or portion thereof, and also any land subdivided and laid out as the site for a town, township, or village, in accordance with a subdivisional plan, registered in the Office of Titles or the Department of Lands and Surveys;

"Unimproved value" means the unimproved value as ascertained in the manner prescribed by this Act;

"Value of the improvements" in relation to land means the added value which the improvements give to the land at the date of valuation irrespective of the cost of the improvements;

"Way" means a road which is less than sixty-six feet wide, measured at right angles to its course;

"Year" means financial year, beginning on the first of July and ending on the thirtieth of June.

6. Whenever any day, or the last of several days, provided or appointed by or under this Act for any purpose in any year happens on a Sunday, or a day which is a bank or public holiday, either throughout the State or in the district, then such provision and appointment shall take effect as for the next following week-day which is not such a public holiday.

Misnomer in
Act, Order in

Council, etc.,
not to pre-

7. No misnomer or inaccurate description contained in this Act, or in any by-law, regulation, or order in council made thereunder, shall in anywise prevent or abridge the operation judice. of this Act with respect to the subject of such description, s. 7. provided the same is designated so as to be capable of being understood.

1911, No. 29,

8.

PART II.-DISTRICTS.

Constitution and alteration of districts.

See 1906, No.

32, s. 12; 1911,

No. 29, s. 8.

8. (1) The Governor may by Order in Council-
(i) Constitute any outlying land a road district;
(ii) Constitute any part or parts of any existing road dis-
trict or districts a road district;

(iii) Unite two or more adjoining districts or unite any
road district to an adjoining municipal district
or any municipal district to an adjoining road dis-
trict;

(iv) Constitute the whole of a road district a municipal district;

(v) Constitute the whole of a municipal district a road district;

(vi) Constitute a road district partly in one such way and partly in any other such way or ways as is or are herein authorised;

(vii) Divide a district into two or more districts;

(viii) Constitute any portion of a road district a municipal district or any portion of a municipal district a

road district;

(ix) Transfer to a municipal district any adjoining por-
tion of any road district or to a road district any
adjoining portion of a municipal district;

(x) Include in any district adjoining outlying land;
(xi) Divide or re-divide a district into wards or abolish all
or any of the wards of a district or include within a
ward of a district any portion of that district or
transfer to one ward of a district any portion of
another ward;

(xii) Assign a name to or alter the name of any district
or ward;

(xiii) Sever any portion of a road district therefrom, and
either constitute such portion a road district, or
annex it to an existing road district or municipal
district;

(xiv) Abolish a district and dissolve the board thereof;
(xv) Abrogate any abolition of a district and restore such
district and reinstate any dissolved board.

(2.) When any addition is made to any district under this section the Governor may constitute the added land a ward or portion of a ward of the district.

restrictions on

exercise of See 1911, No.

powers.

9. (1.) Before any power conferred by the last preceding Method of and section is exercised, the Minister shall publish in four successive issues of the Gazette, and cause to be served on the local authorities concerned, notice of the intention of the Governor to exercise such power.

(2.) If within one month, or such extended time as the Governor directs, after the first of such publications no sufficient cause is shown to the satisfaction of the Governor why the power proposed to be exercised should not be exercised, the Governor may exercise the power.

(3.) If for two consecutive financial years the revenue derived from the general rates only of any board, not exempted under section two hundred and forty-one, is in each year less than three hundred pounds, then within one month after the end of the second year the Governor may abolish the district and include the area thereof in some other district: Provided that this subsection shall not be taken to imply any limitation of any power conferred by any other provisions of this Act.

29, s. 8 (2) (3).

66, s. 3.

(4.) Notwithstanding anything hereinbefore contained, no See 1912, No. order purporting or appearing to be made under or in reliance on this part of this Act shall be deemed invalid on account of any non-compliance with any of the provisions of this section.

10. (1.) Subject to this Act, the following provisions shall, according to the nature of the case, apply on the exercise of any power under section eight:

(i) All property, whether real or personal, vested or con

tingent (including all rights and choses in action,
and causes of action whether by law assignable or
otherwise), and all powers, functions, and jurisdic-
tion which immediately before the union belonged
to or were vested in or which but for the exercise
of the power would have become vested in or cap-
able of acquisition by the local authority of any
district affected shall (in the case of a union of
districts) vest in or become transferred or pass to
the local authority of the united district subject to
any debt, liability, or obligation specially charged
on or affecting or attached to the same, and in
other cases may be apportioned and allocated by
the Governor in such manner as he shall deem
best.

Effect of

abolition of district.

Ibid.

(ii) All debts and liabilities of any local authority affected of whatsoever description, whether certain or contingent, and whether then existing or capable of arising at some future time shall (in the case of a union of districts) be and become debts and liabilities of the local authority of the united district, and shall be recoverable and enforceable accordingly, and in other cases may be apportioned by the Governor in such manner as he shall deem best.

(iii) All actions and other proceedings pending between a
local authority of any district affected and any
person shall, and may (in the case of a union of
districts) be carried on by or against the local
authority of the united district, and all necessary
amendments shall be made in any such proceed-
ings accordingly, and in other cases the Governor
may provide for the continuation of any such action
or proceeding by or against a local authority in
such manner as he shall think fit.

(iv) If any of the local authorities affected is indebted by
way of moneys advanced to it by way of loan, the
Governor may declare that all or any loan rates
applicable to such loan or any part thereof shall
be levied only on such portion of any district as the
Governor shall determine to have been specially
benefited by such loan or such portion thereof.
(v) The Governor may adjust and finally determine all
questions relating to any of the matters aforesaid,
and make any necessary vesting orders.

(2.) If in any case in which an order has been made before the commencement of this Act under section eight of the Roads Act, 1911, any such matters as are dealt with in this section remain unadjusted or unsettled, the Minister may, by notice in the Gazette, declare that this section shall apply in such case in so far as any such matters remain so unadjusted or unsettled, and this section shall thereupon apply accordingly.

11. (1.) Whenever any district is abolished the Minister may, after such abolition and until the inclusion of such district in another district, in his name or style of office collect, get in, sue for and recover and sell, convey, transfer, and assign the assets of the abolished district, and apply the moneys realised by such collection, getting in, and sale (after

payment thereout of expenses) in or towards the discharge of the liabilities of the abolished district.

(2.) Subject as aforesaid, the provisions of this part apply in the case of a district abolished and subsequently dealt with under this part as if there had been no separate order of abolition.

laws.

12. On the exercise of any of the powers conferred by sec- Effect as to bytion eight

(i) All by-laws in force in any district or any affected
portion thereof at the date of the exercise of the
power shall remain in force within the area in
which they were so in force until they are lawfully
repealed.

valuation.

(ii) The valuation (if any) last in force of the rateable Effect as to land in the portion so affected shall continue to be in force until a fresh valuation thereof has been made by the local authority of the new district or the district in which such portion is included.

13. On a district being divided or re-divided into wards-
(a) All the members of the Board shall go out of office
on the day appointed by the Minister, but shall be
eligible for re-election; and
(b) The Minister may order, settle, adjust, and finally de-
termine any rights, liabilities, questions, and mat-
ters regarding the constitution of the Board or the
representation of the electors thereon which may
. arise in consequence of any district being so
divided or re-divided.

14. On the exercise by the Governor of any power conferred by section eight, and mentioned in paragraphs ii, iii, iv, v, vi, vii, viii, ix, x, xiii, or xv thereof, or on a change being made under this Act in the number of members of a local authority or on any portion of a ward or district being transferred under this Act to a ward the Governor may, by Order in Council, declare and direct whether a new election of members shall be held for any district affected or any ward thereof, and, if so, when such election shall be held, and whether any and which of the existing members shall go out of office, and at what time, and may order, settle, adjust, and finally determine any rights, liabilities, questions, and matters regarding the representation of electors on any local authority affected,