The Irrigation and Reclaimed Lands Act.—1908. (a) All moneys expended by the Commissioner in carrying out the objects and purposes of this Act on the land in such area, both before and after the proclamation of such area, including all moneys advanced as provided by section 32 hereof to the Board constituted for such area which have been voted by Parliament; (b) Interest on all the said moneys at the rate of Four Pounds per centum per annum ; (c) Interest at the same rate on all moneys expended by the Commissioner in improving and maintaining any embankments constructed for the protection of land included in such area; And to which shall be credited— (a) Rents received from lessees of land within such area: (c) All moneys paid by the Board, as hereafter in this Act provided: within such area. PART III. DIVISION III. 29. An abstract of the accounts provided for in the next pre- Annual statements ceding section, showing the sums respectively debited and credited therein under convenient headings, shall be annually laid before Parliament. PART IV. CONSTITUTION OF BOARD AND MANAGEMENT THEREAFTER, AND ADVANCES. DIVISION I.-CONSTITUTION OF BOARD AND ADVANCES THERETO. PART IV. DIVISION I. Board. 30. When leases have been granted, pursuant to this Act, Constitution of the of not less than two-thirds of the blocks in any irrigation area, the Governor may, by Proclamation in the Gazette, constitute a New. Board, which shall thereafter have the control and management of such irrigation area. Commissioner. 31. (1) The Commissioner may, upon and after the constitution Advances by of the Board, from time to time advance to such Board such moneys as are at his disposal for the purposes of such Board, or as are pro- New. vided by Parliament therefor, or for carrying out the objects and purposes of this Act. (2) Such Board shall be liable to the Commissioner for the repayment of all moneys so advanced, and of all moneys expended by the Commissioner in carrying out the objects and purposes of this Act in the irrigation area after the Land Board has fixed the rents of blocks PART IV. DIVISION I. Annual repayments. Cf. Act 905, 1905, s. 131 (2). Cf. ibid, s. 135. Annual instalments charged on rates. New. Procedure in case of default for three months. New. Application of money collected by Commissioner. New. The Irrigation and Reclaimed Lands Act.-1908. blocks therein, as provided in section 16 hereof, with interest on all the last-mentioned moneys at the rate of Four Pounds per centum per annum up to the day of the constitution of such Board. The moneys so advanced and expended and the said interest on the moneys so advanced are hereafter in this Division of this Act referred to as "the said advances": (3) A certificate in writing, signed by the Commissioner, or by the Commissioner of Audit, stating the amount of the said advances, shall be accepted by the Board as conclusive evidence of such amount. 32. The said advances shall be repaid to the Commissioner by the Board by twenty equal yearly instalments, together with interest on the amount of the said advances for the time being unpaid at the rate of Four Pounds per centum per annum, the first instalment of principal of any advance to be repaid at the expiration of five years from the date of such advance: Provided always that the Board may at any time pay off the whole or any part of the amount of the said advances then unpaid with the interest accrued due to the date of payment. 33. The said advances, together with the said interest thereon, or so much of the said advances and interest as for the time being remains unpaid, shall be a first charge upon all rates from time to time declared or leviable by, and on all property for the time being vested in or belonging to the Board, and on all land in the irrigation area. 34. If default is made by the Board in making payment of any such yearly instalment or interest, or any part thereof, the Commissioner may give notice to the Board or to any member or officer thereof of his intention to exercise the powers conferred upon him or his nominee by this Act if such default is allowed to continue; and if the amount then due in respect of the said advances or interest is not paid within three calendar months from the giving, posting, or delivering to the Board or any member or officer the:eof of such notice, all powers of the Board in relation to receiving and recovering outstanding rates, making of assessments, and declaring, levying, and recovering of rates, shall, upon the Commissioner giving notice in the Gazette that such powers have become vested in him, or his nominee, as the case may be, vest in the Commissioner, or in such person as he nominates, and may at the option of the Commissioner continue so vested until the whole amount of the said advances and interest are repaid; and in such case no consent of a ratepayer to a special rate shall be required. 35. The moneys received by the Commissioner or his nominee shall be applied in paying all moneys due or owing in respect of the said advances and interest thereon, and the costs incurred in carrying out the powers vested in the Commissioner by this Act, and any surplus shall be paid to the Board. 36. (1) Should The Irrigation and Reclaimed Lands Act.-1908. PART IV. DIVISION I. default for one year. New. 36. (1) Should the Board make default in payment of any of the Procedure in case of said yearly instalments or interest on the said advances, or any portion or portions thereof, for one year, it shall be lawful for the Governor, by a Proclamation in the Gazette, to determine the existence of the Board, and thereupon the Commissioner may resume possession and absolute control and management of the irrigation area, together with all machinery, plant, chattels, and appliances thereon or appurtenant thereto and belonging to the Board, and the same as well as any land vested in the Board, and any other property of the Board, shall thereupon vest absolutely in the Commissioner. (2) The Governor may at any time thereafter, by Proclamation in the Gazette, constitute a Board, which shall have the control and management of such irrigation area, and the same results shall follow therefrom as from the constitution of the original Board. DIVISION II.-MEMBERS OF BOARD, INCORPORATION, ETC. DIVISION II. altered. 37. The Board shall consist of five members, and shall be a Constitution of Board. body corporate under the name of "The Irrigation Board," Act 910, 1906, s. 9, and shall have perpetual succession and a common seal, and by such name shall be capable of suing and being sued, and of purchasing, holding, and leasing land, and of doing and suffering, subject to this Act, all such other acts and things as bodies corporate may by law do and suffer. Board. 38. (1) The Governor shall appoint the members of the Board Appointment of to hold office for the first twelve months after the constitution of the Board. (2) The members to hold office after the expiration of such twelve months shall be appointed and elected as follows: (a) The Governor shall appoint one member, who shall be a Government officer and be Chairman of the Board, and shall hold office during the pleasure of the Governor, and not be subject to retirement by effluxion of time: (b) All other members of the Board shall be ratepayers within the area, and shall be elected by the ratepayers from time to time, as hereinafter provided: (c) The elected members shall retain office until the election of their successors, as hereinafter provided. The Governor may appoint one of the members to be chairman of the Board for the first twelve months after the constitution of the Board. Ibid, s. 11, altered. 39. The Governor may appoint two auditors to the Board, who Auditors. shall retain office until the election of their successors, as hereinafter Ibid, s. 11. provided. 40. Every PART IV. DIVISION II. Who may be members of Board. Ibid, s. 12, altered. How vacancy occasioned. Ibid, s. 13, altered. Time of elections. The Irrigation and Reclaimed Lands Act.-1908. 40. Every ratepayer in the irrigation area, having attained the age of eighteen years, shall be qualified to be a member of the Board, but shall be disqualified if he— (a) Is an uncertificated insolvent, or executes a statutory deed of assignment for the benefit of his creditors, or compounds with his creditors for less than Twenty Shillings in the Pound: (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: (d) Is in arrear for six months or more in payment of any rent or rates in respect of the land leased by him. 41. The following acts and events shall cause a vacancy in the office of a member of the Board: (a) Death or lunacy : (b) Conviction of felony: (c) 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, followed, in either case, by a resolution passed by the Board within three weeks after the last of such three meetings declaring the office vacant, which resolution the Board may pass, but are not bound to pass: (d) Any disqualification, as indicated by the next preceding section: (e) Resignation, by notice posted or delivered to the chairman, or if there is no chairman, to the Commissioner: (f) Retirement by rotation, as provided by this Act: (g) The judgment or order of any duly authorised Court or Justices declaring the office vacant. The above-mentioned acts and events (except those in subdivision (c) and those in subdivision (d) so far as they include the holding of the office of auditor) shall cause a vacancy in the office of an auditor. 42. (1) At the expiration of the first twelve months from the constitution of the Board, and at the expiration of each twelve months thereafter, and subject to the provisions of subsection (a) of section 38 hereof, an election of members and auditors shall be held. (2) At the expiration of such first twelve months, and at the expiration of each twelve months thereafter, one-half of the members of the Board (other than the Government officer) shall retire. (3) The members to retire at the expiration of such first twelve months shall be decided by lot. The members to retire at the expiration The Irrigation and Reclaimed Lands Act.-1908. expiration of every subsequent twelve months shall be those who have been longest in office without re-election, and, when the number so ascertained does not equal one-half, 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) At the expiration of such first twelve months, and at the expiration of each twelve months thereafter, 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 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. (5) All drawing of lots to decide retirements shall be made fourteen days at least before the day of election. 43. Within three months before any election of members of the Board or of an auditor- (a) The Commissioner shall send to the Government officer a list of all lessees of land in the irrigation area who are six months or more in arrear in payment of any rent, and stating the amounts of such arrears, a copy of which list the Government officer shall cause to be posted in a conspicuous place at every polling-place in the area : (b) The Board shall cause a list of all lessees who are in arrear in payment of any rates declared six months or more before the date of such election, and stating the amounts of such rates, to be posted in a conspicuous place at every pollingplace in the area. 44. (1) The first members of the Board shall, by regulation, Elections. prescribe the manner in which elections of members (other than the Act 910, 1906, s. 15, Government officer) and auditors shall be held. (2) Every ratepayer of the full age of eighteen years whose name at the time of an election of members or of an auditor appears on the roll of lessees, as provided by section 61 of this Act, may, subject to subsection (4) hereof, vote at such election. (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 the next preceding section 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 appearing on such list, as the case may be. (5) Any lessee may object to any person disqualified as mentioned in the next preceding subsection 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: altered. (b) The |