The South-Eastern Drainage Act Amendment Act.-1908. II. Ward No. 2-Comprising the districts of the District 8. (1) As soon as practicable after this Act comes into operation, and as to each ward, the Commissioner shall, by notice published in the Gazette, direct the nomination by each of the District Councils of the districts comprised in such ward of one member to represent such ward upon the Assessment Board. (2) Thereupon each District Council in a ward may nominate a person who has signified in writing to the district clerk of such Council his willingness to act as a member of the Assessment Board. The nomination of every District Council shall be made by resolution of the majority of members thereof present at a meeting of the Council, and shall state the name and address of the person nominated. A certificate of such resolution certified in writing under the seal of the Council shall be sent to the Commissioner, and the nomination shall not be deemed valid unless such certificate is received by the Commissioner within twenty-eight days from the publication of the notice mentioned in subsection (1) hereof. (3) The Commissioner shall, as to each ward, publish in the Gazette a notice, which shall state the names and addresses of the persons nominated by the District Councils in such ward, and shall, in the event of there being more than one person so nominated, by such notice appoint a date upon which a poll shall be taken for the election of a member to represent the ward upon the Assessment Board, and a person to act as Returning Officer for the ward for the purpose of such election. (4) Upon the date so appointed, each District Council in the ward shall cause a poll to be taken within its district for the election of a member to represent the ward upon the Assessment Board. For the purpose of such election the portion of the County of Cardwell defined in the First Schedule to this Act shall be deemed to be within the district of the District Council of Lacepede. 5) The following provisions shall apply to the taking of such poll within any district: (a) The District Council shall appoint a Returning Officer, not being one of the persons nominated as aforesaid, for the purpose of the poll: (b) The persons to be submitted as candidates to the voters at the poll shall be all the persons nominated as aforesaid by the District Councils of the districts comprised in the ward; and their names and addresses shall appear on the ballot papers: (c) The The South-Eastern Drainage Act Amendment Act.—1908. c) The persons entitled to vote at the poll shall be all the landholders of land comprised within the district, and each such landholder shall have one vote. In case of joint tenancy or tenancy in common the provisions of the District Councils Act in that behalf shall apply: (d) The Returning Officer shall, before the day appointed for the poll, cause to be furnished for use at each polling-place a list of the landholders entitled to vote at such pollingplace, showing the land in respect of which each landholder is qualified to vote; and the Returning Officer shall, under his hand, certify such list to be correct: Subject to the provisions of this Act, the poll shall be taken (e) at the same places and in the same manner as polls for (f) At the close of the poll the Returning Officer shall examine (6) After the declaration of the result of the poll in any district, the Returning Officer appointed for such poll shall certify in writing under his hand the number of votes given for each candidate, and forward such certificate to the Returning Officer for the ward. (7) The Returning Officer for the ward shall, from the certificates forwarded to him by the Returning Officers for the districts in his ward, ascertain the total number of votes polled for each candidate, and, in the event of an equality of votes, shall give a casting vote for deciding the election; but, except for that purpose, he shall not vote at the election. (8) As soon as the result of the polling at the election in a ward has been finally ascertained the Returning Officer for the ward shall certify in writing under his hand the name of the person elected to represent such ward upon the Assessment Board, and shall forward such certificate to the Commissioner; and the Commissioner shall, by notice in the Gazette, declare such person to be appointed a member of the Assessment Board. (9) In case the nomination of only one person to represent a ward is received by the Commissioner, as mentioned in subsection (2) of this section, such person shall be deemed to be duly elected to represent such ward; and the Commissioner shall, by notice in the Gazette, declare such person to be appointed a member of the Assessment Board. (10) The PART 11. The South-Eastern Drainage Act Amendment Act.—1908. II. Ward No. 2-Comprising the districts of the District 8. (1) As soon as practicable after this Act comes into operation, and as to each ward, the Commissioner shall, by notice published in the Gazette, direct the nomination by each of the District Councils of the districts comprised in such ward of one member to represent such ward upon the Assessment Board. (2) Thereupon each District Council in a ward may nominate a person who has signified in writing to the district clerk of such Council his willingness to act as a member of the Assessment Board. The nomination of every District Council shall be made by resolution of the majority of members thereof present at a meeting of the Council, and shall state the name and address of the person nominated. A certificate of such resolution certified in writing under the seal of the Council shall be sent to the Commissioner, and the nomination shall not be deemed valid unless such certificate is received by the Commissioner within twenty-eight days from the publication of the notice mentioned in subsection (1) hereof. (3) The Commissioner shall, as to each ward, publish in the Gazette a notice, which shall state the names and addresses of the persons nominated by the District Councils in such ward, and shall, in the event of there being more than one person so nominated, by such notice appoint a date upon which a poll shall be taken for the election of a member to represent the ward upon the Assessment Board, and a person to act as Returning Officer for the ward for the purpose of such election. (4) Upon the date so appointed, each District Council in the ward shall cause a poll to be taken within its district for the election of a member to represent the ward upon the Assessment Board. For the purpose of such election the portion of the County of Cardwell defined in the First Schedule to this Act shall be deemed to be within the district of the District Council of Lacepede. (5) The following provisions shall apply to the taking of such poll within any district: (a) The District Council shall appoint a Returning Officer, not being one of the persons nominated as aforesaid, for the purpose of the poll: (b) The persons to be submitted as candidates to the voters at the poll shall be all the persons nominated as aforesaid by the District Councils of the districts comprised in the ward; and their names and addresses shall appear on the ballot papers: (c) The The South-Eastern Drainage Act Amendment Act.-1908. c) The persons entitled to vote at the poll shall be all the landholders of land comprised within the district, and each such landholder shall have one vote. In case of joint tenancy or tenancy in common the provisions of the District Councils Act in that behalf shall apply: (d) The Returning Officer shall, before the day appointed for the poll, cause to be furnished for use at each polling-place a list of the landholders entitled to vote at such pollingplace, showing the land in respect of which each landholder is qualified to vote; and the Returning Officer shall, under his hand, certify such list to be correct: (e) Subject to the provisions of this Act, the poll shall be taken at the same places and in the same manner as polls for the election of district councillors under the District Councils Act are taken; and, subject as aforesaid, all the provisions of the District Councils Act as to polls at such elections and as to the rights, powers, and duties of Returning Officers, candidates, and other persons relating thereto or connected therewith shall, mutatis mutandis, apply to the poll and all matters relating thereto or connected therewith: (ƒ) At the close of the poll the Returning Officer shall examine the votes, and openly declare the general state of the votes as the same are made up by him from the voting papers taken at the several voting places; and shall declare the result of the poll. (6) After the declaration of the result of the poll in any district, the Returning Officer appointed for such poll shall certify in writing under his hand the number of votes given for each candidate, and forward such certificate to the Returning Officer for the ward. (7) The Returning Officer for the ward shall, from the certificates forwarded to him by the Returning Officers for the districts in his ward, ascertain the total number of votes polled for each candidate, and, in the event of an equality of votes, shall give a casting vote for deciding the election; but, except for that purpose, he shall not vote at the election. (8) As soon as the result of the polling at the election in a ward has been finally ascertained the Returning Officer for the ward shall certify in writing under his hand the name of the person elected to represent such ward upon the Assessment Board, and shall forward such certificate to the Commissioner; and the Commissioner shall, by notice in the Gazette, declare such person to be appointed a member of the Assessment Board. (9) In case the nomination of only one person to represent a ward is received by the Commissioner, as mentioned in subsection (2) of this section, such person shall be deemed to be duly elected to represent such ward; and the Commissioner shall, by notice in the Gazette, declare such person to be appointed a member of the Assessment Board. (10) The PART 11. PART 11. Commissioner may appoint members in 1 The South-Eastern Drainage Act Amendment Act.-1908. (10) The Gazette containing a notice, in pursuance of subsection (8) or subsection (9) of this section, shall be conclusive evidence of any appointment so notified. 9. (1) If, for the purpose of the appointment of either of the case of unreasonable first two representative members, or any subsequent representative member, of the Assessment Board delay. Cf. ibid., s. 13. Method of filling vacancies. Cf. ibid., s. 14. Appointment to be One local member to Cf. ibid., s. 16. (a) As to either ward, no nomination of a person to represent such ward is received by the Commissioner as mentioned in the next preceding section; or (b) In no district comprised in such ward is a poll taken pursuant to the said section; the Commissioner may appoint some person to be a member of such Board, who shall be deemed to be duly elected to represent such ward and to be duly appointed under the said section. (2) The Commissioner shall notify such appointment in the Gazette, and the notice in the Gazette shall be conclusive evidence of such appointment and of the validity thereof. 10. (1) When the office of a representative member of the Assessment Board becomes vacant, or under section 12 is about to become vacant, it shall be filled in manner provided by section 8 hereof, varied as the circumstances of the case require, except that, for the purpose of filling vacancies arising under section 12, the polls in the various districts comprised in the ward shall be taken at the same times and places as the polls at the annual elections of district councillors held under the District Councils Act within such districts respectively, or if, in any of such districts, no poll is taken at such annual election, then at the times and places when and where such poll, if taken, would be taken. (2) A member appointed to fill such a vacancy caused otherwise. than pursuant to section 12 hereof shall hold office only during the period for which his immediate predecessor would have held such office. (3) Pending the filling of any vacancy, the Commissioner may appoint a person to be a member of the Assessment Board to hold office during the interval between the occurring of the vacancy and the appointment, in manner provided by section 8, of a person to fill such vacancy. 11. Every representative member shall, subject to the next preceding section, be deemed to have been appointed for six years. 12. (1) On the first Saturday in July, in the year one thousand nine hundred and eleven, one representative member of the Assessment Board, to be determined by the Commissioner by lot, shall retire, and a member shall be elected to represent the ward represented by such member, and shall be appointed a member of the Assessment Board (2) On |