PART II

Number of councillors.

D C. Act, 1887,
Sec. 9.

Stream or watercourse forming a common

boundary.

D.C. Act, 1887, sec. 10.

The District Councils Act.-1914.

9. (1) The number of councillors for a District shall be not less than five nor more than ten.

(2) As regards the Districts named in the Second Schedule, the number of councillors for each District, or where the District is divided into wards for each ward, shall be as fixed before the commencement of this Act, or as, subject to the limitation imposed by subsection (1) of this section, fixed under the provisions of Division I. of Part III. As regards-other districts, the number of councillors for each district, or where the District is divided into wards for each ward, shall be, subject as aforesaid, as fixed under the provisions of the said Division I.

10. Where any stream, creek, or watercourse is or has been described as the boundary of a District, or of a ward thereof, a line along the middle of such stream, creek, or watercourse shall be deemed to constitute such boundary.

Arrangement of this
Part.

DIVISION I.

General powers of
Governor to constitute
Districts and alter

their boundaries.

D.C. Act, 1887, sec. 15 altered.

Pastoral Act 1904, sec 124.

CONSTITUTION OF NEW DISTRICTS AND CHANGE
OF CONSTITUTION OF DISTRICTS.

11. This Part of this Act is divided as follows:

DIVISION I.-General Powers of the Governor as to

Districts:

DIVISION II.-Union of Districts by Order of the Governor:

DIVISION III.-Severance of Portions from Districts:

DIVISION IV.-Annexation of Portions to Districts:
DIVISION V.-Subdivision of Districts:

DIVISION VI.-Procedure.

DIVISION I.-GENERAL POWERS OF THE GOVERNOR AS TO
DISTRICTS.

12. The Governor may, subject to the provisions of this Act-
1. Constitute a new District consisting of any part of the State
not being land held under a pastoral lease which-
(a) Contains ratable property capable of yielding Two
Hundred Pounds upon a rate not exceeding One
Shilling in the Pound on the value thereof, esti-
mated under the general provisions of this Act:
and

(b) Is either an outlying district, or partly an outlying
district and partly land comprised within one or
more previously existing districts:

II. Appoint

The District Councils Act.-1914.

11. Appoint the first two auditors for such new District, or for a new District constituted under subsection v. of this section:

1. Appoint, subject to the provisions of section 9, the first councillors for any such new District, or, if such new District is divided into wards, the first councillor or councillors for each such ward:

PART III

DIVISION I

IV. Appoint any person to fill any vacancy occurring in the M.C. Act, 1890, office of councillor or auditor in any such new District sec. 18. before the time appointed by this Act for the first election.

in such District:

v. Unite any number of Districts, the areas whereof form one continuous area, into one District:

VI. Sever any portion of the State forming part of a District
from such District, and either declare it a new District, or
that the severed portion shall no longer form part of a
District, or annex such portion to any other District, with
which the portion so severed forms one continuous area,

and, in any such case, make
make any apportionment of

property, rights, and liabilities, and give directions as to
any matters and things that may be necessary to do
justice as between the Districts concerned:

VII. Annex to a District any outlying district forming one con-
tinuous area with the area of such District, and where
such outlying district is annexed as a new ward or new
wards, appoint the first councillor or councillors for such
ward or wards:

VIII. Subdivide or re-subdivide a District into a number of wards, and alter the boundaries of or abolish any or all of the wards of a District; but so that no ward shall be subdivided more than once, except on the re-subdivision of the whole district :

IX. Unite any number of wards of a District, the areas whereof New. form one continuous area, into one ward:

x. Alter and adjust the boundaries of adjoining Districts, and determine any questions arising out of such alteration and adjustment:

XI. Determine and alter, subject to section 9, the number of councillors of a District not divided into wards, and the number of councillors for each or any ward where the District is divided into wards:

XII. Alter the name of a District or ward.

municipality from

13. The powers conferred by the next preceding section shall not Exemption of be exercised in such manner as to divide a municipality or sever any severance. portion therefrom.

B-1182

D.C. Act, 1887,

14. The sec. 15.

Adjustment of rights etc., upon severance of

The District Councils Act.-1914.

14. The Governor may settle and adjust any rights, liabilities, or matters requiring adjustment in consequence of the exercise of any of the foregoing powers of the Governor.

15. (1) Every order constituting a new District shall

1. Assign a name to such District:

II. Describe the boundaries thereof:

III. Determine whether or not the District is to be subdivided into wards, and, in case it is to be so subdivided, name and describe the wards:

IV. Determine, subject to section 9, the number of councillors, and, where the District is divided into wards, the number of councillors for each ward.

(2) Every such order shall take effect according to the tenor of the same; and every such order constituting a new District so as to include a portion of a previously existing District shall operate to sever such portion from such previously existing District.

16. When a new District is constituted of, or so as to include, a

a portion of a District. portion of a previously existing District—

D.C. Act, 1887,

sec. 18.

1. All by-laws and regulations of the previously existing District in force in the portion comprising or included in the newly constituted District shall, so far as they are applicable, be deemed by-laws and regulations respectively of such newly constituted District, and may, by the Council thereof, be repealed or altered; and, save as aforesaid, all by-laws and regulations of the previously existing District shall, as to the portion comprising or included in the newly constituted District, be deemed to be repealed:

II. The Council of such newly constituted District shall become jointly liable with the Council of the previously existing

District to all creditors of such last-mentioned Council in
respect of all debts and liabilities due or incurred at the
time of the severance:

III. No action, suit, or other proceeding by or against the Council
of
any such previously existing District shall be affected
or abated:

IV. The Council of such newly constituted District shall be entitled
to such portion of the property and assets of the Council
of the previously existing District, and shall, as between
such Councils, be liable to pay such portion of the debts and
liabilities of the Council of the previously existing District,
as bears the same proportion to the whole of such pro-
perty and assets, or debts and liabilities, as the value of
the ratable property in the portion severed from the
previously existing District bore to the value of the ratable
property in the whole of that District upon the last
assessment before the severance.
DIVISION

The District Councils Act.-1914.

DIVISION II.-UNION OF DISTRICTS BY ORDER OF THE GOVERNOR.

17. Every order uniting two or more Districts shall

1. Assign a name to the District formed by such union:

PART III. DIVISION 11.

Order uniting Districts.

D.C. Act, 1887,

II. Determine whether or not the District is to be subdivided sec. 19. into wards, and, in case it is to be so subdivided, name and describe the wards:

III. Determine, subject to section 9, the number of councillors, and, where the District is divided into wards, the number

of councillors for each ward.

IV. Appoint two auditors for the District.

18. The following provisions shall apply upon the union of Effect of union of

Districts :

Districts.

D.C. Act, 1887,

1. The District formed by such union shall include an area sec. 20.
being the aggregate of the areas of the Districts united:

11. The Council of the District so formed shall be deemed to be
one and the same corporation as the Council of each of
the Districts by the union of which it was formed:

III. All rights and duties of the Councils of such Districts against or owing to each other shall be extinguished:

IV. All property, rights, and liabilities vested, possessed, or incurred, and all matters and things, not otherwise provided for, made, or done in, by, or on behalf of the Council of any of the Districts so united, either as such Council or as a local board of health, shall vest in, and attach to, and be deemed to have been made or done by or on behalf of, the Council of the District formed by such union:

by-laws.

sec. 21.

V. All by-laws and regulations in force at the time of the union Effect of union on in any of the Districts united, whether made under this Act, or any Act hereby repealed, or any other Act, which D.C. Act, 1887, are applicable to the altered circumstances, shall become by-laws and regulations respectively of the District formed by such union, and may be repealed or altered by the Council of such District:

VI. Until so repealed or altered every such by-law and regulation shall remain in force in the territorial area only in which it was in force previous to such union:

VII.

All by-laws and regulations which cannot be restricted to
any particular territorial area shall be deemed inapplicable,
and such by-laws and regulations and all by-laws and
regulations which are inapplicable to the altered circum-
stances shall be by such union repealed:

Council.

VIII. The Council of the District formed by such union shall, until Effect of union on the conclusion of the next annual election, consist of all the councillors of the Districts united, or the councillors D.C. Act, 1887. elected in their places to fill any extraordinary vacancies:

sec. 22 altered.

IX. Such

PART III. DIVISION II.

DIVISION III.

Order in event of

severance.

D.C. Act, 1887, sec. 23.

Reduction in number

of councilors on

The District Councils Act.-1914.

IX. Such Council at its first meeting shall elect one of its members as its chairman, and in case of equality of votes the matter shall be decided by lot.

x. At the conclusion of the next annual election the chairman and all the councillors shall go out of office.

XI. The auditors for the Districts so united shall cease to hold office unless, under section 17, they have been appointed auditors for the District formed by such union.

DIVISION III. SEVERANCE OF PORTIONS FROM DISTRICTS. 19. (1) Every order severing any portion of the State from any District which is subdivided into wards may abolish all such wards and constitute the District an unsubdivided District or may re-subdivide the same.

(2) In case any such order does not abolish all the wards the same shall be deemed to cancel every such entire ward severed, and, as regards every ward of which a portion only is severed, shall either cancel such ward and annex the residue thereof to some other ward, or in separate portions to some other wards, or shall declare that such residue shall thenceforth be deemed a ward.

20. In case any ward is cancelled the councillors returned cancellation of ward. therefor shall, upon such cancellation, cease to be members of the Council.

D C. Act, 1887, sec. 24.

Number of councillors

not to be reduced to less than five.

D.C. Act, 1887, sec. 25.

DIVISION IV.

Order annexing

a portion of the Stato

to a District.

D.C. Act, 1887, sec. 26.

Wards not to exceed ten.

D.C. Act, 1887, sec. 27.

How annexation of new ward affects Council.

D.C. Act, 1887, sec. 28.

21. The powers hereinbefore in that behalf provided shall not be exercised in such a way as to reduce the number of councillors assigned to any District to less than five.

DIVISION IV.-ANNEXATION OF PORTIONS TO DISTRICTS. 22. Every order annexing any portion of the State to a District subdivided into wards shall either

1. Abolish all the wards and constitute such District an unsubdivided District; or

II. Abolish all the wards and re-subdivide the District into wards; or

11. Retain the existing wards and constitute the annexed portion a new ward or wards; or

IV. Annex the annexed portion to some ward, or, in separate portions, to some wards of the District.

23. Such powers shall not be exercised in such a way as to cause the number of the wards of any District to be greater than ten.

24. When an order annexing any portion of the State to a District subdivided into wards retains the existing wards and constitutes a new ward or new wards, the councillor or councillors appointed for such new ward or wards shall retire at the conclusion of the next annual election.

25. Upon