The Irrigation and Reclaimed Lands Act.-1914. (3) In case of joint tenancy or tenancy in common in respect of any ratable property, only the first of the joint tenants or tenants in common of such property who tenders his vote shall be entitled to vote. (4) No lessee whose name appears in either of the lists provided for by section 53, shall be qualified to vote, or shall vote, at such election, unless he produces to the presiding officer a proper receipt for the amount of rent or rates, as the case may be, appearing on such list. (5) Any lessee may object to any person disqualified as mentioned in subsection (4) hereof being allowed to vote. (6) The election shall not be invalid by reason of (a) the non-posting of either or both of the said lists: (b) the accuracy of either or both of such lists: (c) the fact that any lessee whose name appears on either or PART IV. DIVISION II. 55. Upon failure by the first members of the Board to prescribe Failure of elections. regulations, as required by section 54, or when an election wholly or Ibid., s. 46. in part fails to be made as provided by this Act, or such election, being made, afterwards becomes wholly or in part void, the Governor may appoint the members and auditors of the Board required to be elected. 56. The Board shall, within forty-eight hours after the election of any member or auditor, cause to be delivered or posted to the person elected a notice informing him of such election, and within fourteen days of such election shall insert a notice thereof in the Gazette. 57. If the Board fails to proceed to an election for the space of twenty-one days from the day on which such election is required by this Act to be held, a Justice or Special Magistrate may, upon the request in writing of three lessees of land in the irrigation area, do every act required to be done for holding such election. Notice of election to person elected, and to be inserted in Gazette. be given to each Ibid., s. 47. Where Board fails to hold election, Justice or Special Magistrate to hold the election. Ibid., s. 48. 58. The Governor may appoint any new member to the Board in Governor may appoint place of any member theretofore appointed by him. 59. The members of the Board shall do all necessary acts, matters, and things prior to the date when their term of office will expire to obtain nominations for members and auditors, and if the nominations exceed the number of members or auditors required, shall cause, on the date when they retire from office, an election to be held to determine which of the persons nominated shall be the members and auditors for the next ensuing year. C-1178 60. In member at any time. Ibid., s. 49. Board to arrange elections. Ibid., s. 50. PART IV. DIVISION II. Determination of office of elected member. Ibid., s. 51. Governor may declare DIVISION 111. Board may appoint officers. Ibid., s. 53. Member not to be officer under Board. Ibid., s. 54. Member or officer not to be interested in contract. Ibid., s. 55. Officer to render accounts. Ibid., s. 56. DIVISION IV. Vote of Chairman. Ibid., s. 57. Acting chairman may be appointed. Ibid., s. 58. Ordinary meetings. Extraordinary meetings. The Irrigation and Reclaimed Lands Act.-1914. 60. In the event of any vacancy occurring in the office of any elected member or auditor, a new member or auditor may be appointed to fill such vacancy by a majority of the members present at any meeting. 61. When from any reason the business of a Board is not carried on, or the business and works connected with the irrigation area are neglected, the Governor may declare the offices of all the members vacant, and thereupon, by Proclamation, appoint new members of such Board, but such new members shall hold office only during such time as the members whose offices are so declared vacant would have held office. DIVISION III.-OFFICERS OF AN IRRIGATION BOARD. 62. A Board may appoint all such officers to carry out the purposes of this Act as they think proper and necessary, and may pay to any officers so appointed such salaries and allowances as they deem reasonable. 63. No member of the Board shall hold any office to which the Board has the power of appointment. 64. No member of the Board or officer shall be concerned or interested in any contract made by the Board. 65. Every person employed by the Board shall render to the Board, within such time and manner as they direct, true and faithful accounts, in writing, of all moneys received or expended by him on account of the Board, and of all moneys due by any person to the Board, and on what account the same are due. DIVISION IV.-MEETINGS AND BUSINESS OF AN IRRIGATION BOARD. 66. The Chairman shall have a casting as well as a deliberative vote. 67. In the absence of the Chairman from any meeting or part of a meeting from any cause, one of the members shall be elected by those present to be acting chairman during the absence of the Chair man. 68. (1) Ordinary meetings of the Board may be held after three days' written notice thereof given to the members by the Secretary, or if there is for the time no Secretary, then by the person performing the duties of Secretary. (2) Any special or extraordinary meeting may be called by the Chairman, or any two members, giving the like notice thereof in writing to the other members. 69. Any The Irrigation and Reclaimed Lands Act.-1914. PART IV. DIVISION IV. 69. Any three members of the Board shall form a quorum for Quorum. the transaction of business. Ibid., s. 60. 70. (1) The Board shall cause a roll to be kept of all lessees holding Roll of lessees. lands within the irrigation area, setting forth the areas and positions Ibid., s. 61. of such lands. (2) Subject to the provisions of section 54 such roll shall be the electors' roll for the purpose of all elections of members of the Board and of auditors. (3) Such roll may be altered or added to at any meeting of the Alteration of roll. Board, and a revised roll shall be compiled once at least in every year. DIVISION V. Works and lands to be vested in the Ibid., s. 62. DIVISION V.-GENERAL POWERS AND DUTIES OF A BOARD. 71. Upon a Board being constituted for any irrigation area, all roads, streets, commonage lands, and other reserves within the area, and all irrigation and public works and factories, with the plant appertaining thereto, and all improvements made or constructed by 979, 1909, s. 6. the Minister under the authority of this Act or the repealed Acts, shall, subject to the provisions of this Act, vest in and be under the control of the Board, with the exception of embankments and Government reserves and any works, buildings, or improvements on such reserves: Provided that this section shall not apply to any main or district road or street within such area, so far as such road or street is situated within a District Council District or Municipality. Roads and streets to government authority. remain vested in local Board. 72. The Board, in addition to all other powers, shall have and General powers of may exercise the following powers and authorities within the 953, 1908, s. 63. irrigation area : 1. to do all necessary acts, matters, and things for the making, To make drains, &c. II. to erect all necessary buildings, factories, bridges, irrigation To erect buildings, &c. III. to break up and, if necessary, remove the soil of any road, To break up soil, &c. way, bank, dam, or footpath: Iv. to excavate and sink trenches for the purpose of laying down, To excavate trenches. making, and constructing channels and drains: PART IV. DIVISION V. To connect drains. To remove earth, stone, and clay. To dig or bore. To examine and open sluices and floodgates. To use adjacent land. To execute all works for the betterment of the area. To levy rates. To raise a loan by special rate. To borrow money from a bank. To borrow money from the Minister. To enter into contracts. The Irrigation and Reclaimed Lands Act.-1914. v. to cause channels and drains to communicate with any stream or watercourse within or without the limits of the irrigation area: Provided that no opening through or under any embankment may be made without the consent in writing of the Minister: vi. to enter themselves, or by their officers or agents, upon any lands within the irrigation area for the purpose of inspecting or removing any earth, stone, or clay therefrom, and of making, constructing, and diverting drains, channels, and watercourses, and of regulating the supply of water to any block, or to any person, or by any drain, channel, or watercourse, or for any of the purposes of this Act: VII. to enter themselves, or by their officers or agents, upon any lands or premises whereon or wherein it is proposed to execute any works, and on land adjacent thereto, and, if necessary, to dig or bore therein: VIII. to examine any weir, sluice, or floodgate within or without the area erected in or upon or adjacent to any river, stream, sea, inlet, or arm of the sea, lake, channel, water course, or other water; and, subject to the proviso to subdivision v. of this section, to open or raise any floodgate or sluice within or without the area for any purpose whatever: IX. to use adjacent lands for making temporary roads or approaches to any work: x. to do all acts, matters, and things, and execute and carry out works of any kind having for their object the betterment of the irrigation area, or to secure the health, comfort, or convenience of the lessees occupying lands therein: XI. to levy rates on all ratable property in the irrigation area: XII. to raise special loans for irrigation works, and levy a special rate for making necessary tanks, channels, or watercourses, or repairs thereto, or any other incidental work: XIII. with the consent of the Minister, to borrow moneys in anticipation of its current revenue from any bank, by way of overdraft, provided that such overdraft shall not exceed in amount the income of the preceding year: XIV. to borrow money from the Minister for the general purposes of the Board out of funds at his disposal for advances: xv. to enter into contracts for effecting the purposes of this Act: XVI. to The Irrigation and Reclaimed Lands Act.-1914. PART IV. DIVISION V. XVI. to regulate and control all drainage waters in the main To regulate waters. channels and drains: XVII. to equip, manage, and conduct factories, and buy and sell To equip factories. the produce of the irrigation area: water. XVIII. to regulate the height at which water may or shall be main- To regulate height of tained in any channel or drain. 73. (1) The Board shall have and exercise within the irrigation area all such duties, jurisdiction, powers, and authorities, not inconsistent with this Act, as are declared by proclamation. Board to have powers declared by proclamation. 953, 1908, s. 61. 979, 1909, s. 7. (2) Ratepayers within the meaning of this Act shall have all the powers and privileges conferred upon ratepayers under "The District No. 419 of 1887. Councils Act, 1887," and any other Act for the time being in force in the State. The Incorporation of 74. (1) For the purposes of this Act, all the provisions of District Councils Act, 1887," and any Acts amending or substituted therefor, which relate to (a) assessments, and appeals therefrom: (b) rates and ratepayers: (c) meetings and elections: (d) income and expenditure: (e) evidence, procedure, and forms; but in so far only as such provisions are applicable to the purposes of this Act, and are not inconsistent with or repugnant to this Act, are incorporated mutatis mutandis in this Act. (2) In particular the following words occurring in such incorporated provisions shall, for the purposes of this Act, have the meanings hereby assigned to them, namely "District means Irrigation Area: "District Council" means Board: "Councillor" or "member of the Council" means member of the Board: "Owner" means lessee. certain provisions of 75. (1) The Board of any irrigation area may, for the purposes of Board may construct this Act, drains across roads, but shall reinstate the roads. I. cut and construct channels, drains, and watercourses on or Ibid., s. 11. II. from time to time improve, alter, cleanse, repair, widen, III. erect |