Provision for admission as

payers in trans

and the constitution of the local authority which he may deem necessary to be ordered, settled, adjusted, or determined:

Provided that when any portion of a district has been severed under this Act, the electors of that portion shall not thereafter be entitled as such to vote at any election in or for the district.

15. On the exercise of any powers under section eight the electors of rate Governor may make any order for the admission as electors ferred portions. of any ward or district for the balance of any year of owners or occupiers of rateable land therein which became transferred in that year to the ward or district after the thirteenth day of January in the case of a road district, or the first day of September in the case of a municipal district.

Exercise of connected

powers by one order.

Meaning of
"District " in
this part.

Townsites to be included in districts.

1902, No. 48, s. 9.

Power conferred

by this Act and also by Municipal Corporations Act to be exercised under this Act only.

16. When the exercise of any power in this section would be rendered necessary or possible by the exercise of any other power, then both powers may be exercised by the same Order in Council.

17. In the preceding sections of this part, except subsection one of section eight and section thirteen, the word "district" shall, subject to the context, be deemed to include a municipal district which is affected by any order under this Act, and references to the local authority shall be deemed to include the council and corporation of any such district if the context so permits.

18. Where a townsite, not being a municipality, is surrounded by or adjoins any district, it shall be included in the district. If such townsite adjoins more than one district, it shall be included in such district as may be determined by the Governor.

19. (1.) If provision is made by this part of this Act for the exercise of any power for the exercise whereof provision is also made by the Municipal Corporations Act, 1906, then after the commencement of this Act the power shall be exercised under this Act only, and not under the Municipal Corporations Act, 1906.

(2.) Sections eighteen, nineteen, twenty, twenty-one, and twenty-two of the Municipal Corporations Act, 1906, shall (but the rest of part III. of that Act shall not) be applicable and

have effect, according to the nature of the case, to and in respect of an order made under this part of this Act in so far as it affects any municipal district.

PART III.-ROAD BOARDS.

Division (1) Constitution of Boards.

See 1911, No.

20. (1.) In every district there shall be a Board, to be Boards. called the (name of district) Road Board, and consisting of 29, s. 13. not less than five or more than thirteen members as the Governor from time to time declares by Order in Council.

(2.) If the district is divided into wards, the Governor shall from time to time determine the number of members for each ward.

(3.) The members of the Board shall be elected as hereinafter provided.

21. (1.) Every Board shall be a body corporate, with perpetual succession and a common seal, and may purchase or otherwise acquire and hold and alienate land.

(2.) Every court and magistrate shall take judicial notice of the existence and incorporation of every Board.

22. The Minister and all persons authorised by him may exercise and perform all or any of the powers and duties of a Board in or over any place which does not lie within a road or municipal district.

23.

Division (2)-Qualification of Members.

Board to be a
Ibid., 8. 14.

body corporate.

Judicial notice of Board. Ibid., s. 336.

Minister may for places outside districts.

act as Board

members.

(1.) Every adult person, being a natural born or Qualification of naturalised subject of the King and the owner or occupier of Ibid., 8. 18 rateable land in a district, who is not disqualified by any of the provisions hereinafter set out, shall be qualified to be elected and to act as a member of the Board of such district.

(2.) When a district is divided into wards, it shall not be necessary that the land owned or occupied shall be within the ward for which the person has been, or is proposed to be, elected as a member.

(3.) Where the owner of any rateable land is qualified to be elected as a member of the Board, any attorney, agent, or business manager of such owner shall, subject to the provisions hereinafter set out, be qualified to be elected, and act as a member of the Board, if the owner does not reside on the land.

Disqualifica tions.

See 1911, No. 29, s. 19.

Supervening disqualifications.

Ibid., 88, 20 and 24.

24. Any person who

(1) is an undischarged bankrupt; or

(2) is of unsound mind; or

(3) is the holder of any office of profit under the Board;

or

(4) has any direct or indirect pecuniary interest in any agreement with the Board otherwise than as a member, and in common with the other members, of an incorporated company consisting of at least twenty members,

shall be incapable of being elected or acting as a member of a Board:

Provided that paragraph four shall not apply to any person because he

(a) in the ordinary course of business and not pursuant to any written contract, bona fide sells goods to, or does work for, the Board; or

(b) rents from the board for entertainments or business
purposes any building, hall, or room; or

(c) is the lessee from the Board of any land; or
(d) is beneficially interested in any newspaper in which
the Board inserts advertisements.

But no member claiming exemption under this proviso shall
take part in any discussion, or vote on any question, relating
to any such matter as is therein mentioned in which he is
directly or indirectly interested.

25.

(1.) If a member of a Board

(i) dies or ceases to be a subject of the King or to be otherwise qualified as provided in section twentythree; or

(ii) becomes subject to any of the disabilities mentioned in the last preceding section; or

(iii) accepts, whether by assignment, composition, or otherwise, any such relief as is afforded by law to bankrupt or insolvent debtors; or

(iv) by notice under his hand delivered to the chairman or secretary of the Board resigns his office; or

(v) is declared ousted of such office by the Supreme Court or a judge thereof, whether or not he was entitled to have been declared by the returning officer to be elected; or

(vi) is absent from three or more consecutive ordinary meetings of the Board without leave obtained from the Board in that behalf,

his place shall thereupon become vacant, and such vacancy shall be deemed to be an extraordinary vacancy.

(2.) The non-attendance of a member at the time and place appointed for any ordinary meeting of the Board shall not be deemed absence from an ordinary meeting of the Board within the meaning of this section

(a) unless a meeting of the Board at which a quorum is present is actually held on that day; or

(b) while any proceeding in connection with the ouster

from office of such member is pending in the
Supreme Court, or such member's return is the
subject of a pending proceeding under section
ninety-nine.

acting when 1911, No. 29,

26. (1.) Every person declared by this Act to be incapable Penalty for of acting as a member of a Board shall, if he so acts, be guilty disqualified. of an offence against this Act, save in the case of incapacity . 21. proceeding from unsoundness of mind.

Daily penalty: Two pounds.

(2.) All acts and proceedings of any person elected or returned as elected and acting as a member, notwithstanding that any such person has not been or is not duly qualified or elected, or ought not so to act, shall be as valid and effectual as if such person had been duly qualified and elected and authorised to act.

Division (3)-Retirement and Vacancies.

Annual retirebers.

ment of mem

27. Except as hereinafter provided, on the second Saturday in April in every year, a certain number of members shall go out of office by rotation, and such number shall be deter- 1912, No. 66, mined as follows:

(a) If the number of members is a multiple of three, one

third of the members shall go out of office.

(b) If the number of members is not a multiple of three, the number to go out of office shall, subject as hereinafter provided, be determined by the Board, so

Ibid., s. 22.

8. 4.

Retirement in

case of new dis-
tricts.
1911, No. 29,
s. 23.

1912, No. 66,

s. 5.

that no member shall continue in office for more than three years, and that, as nearly as may be, one-third of the number of members shall retire in each year.

(c) The members for a district or ward to go out of office shall (except as hereinafter provided) be the

members who have been longest in office without re-election.

(d) As between two or more members for a district or
ward who have been in office an equal time without
re-election, the member who at his election received
the least number of votes shall go out of office. If
they received the same number of votes, or there
was no ballot, it shall be decided by lot which of
them shall go out of office.

(e) The respective numbers of the retirements for the
wards (if any) shall be proportioned to the respec-
tive numbers of members for such wards, or such
retirements shall be divided amongst such wards
in accordance with the determination of the Board
in, as nearly as may be, such proportions.
(f) Except as in this Act otherwise provided, any mem-
ber elected to fill an extraordinary vacancy shall
be deemed for the purposes of this section to have
been elected when his immediate predecessor was
elected, and shall retire accordingly.

(g) If a Board does not, on or before the fourteenth day
of February in any year, make any determination
which it is hereby empowered to make, then the
Minister may make such determination.

(h) No determination made or purporting to be made hereunder by the Minister, or by a Board, shall have its validity questioned on any ground what

ever.

(i) It shall be the duty of the secretary of the Board to inform the Minister immediately of any failure on the part of the Board to make any such determination as aforesaid.

28. If the first election for a new district or any election for the return of the whole number of the members of a board is held not more than five months before the next ensuing second Saturday in April, no member shall be required to go out of office until the second Saturday in the second month of April ensuing.