The South-Eastern Drainage Act Amendment Act.-1908. (2) On the first Saturday in July, in the year one thousand nine hundred and fourteen, the representative member of the Assessment Board for the time being representing the ward other than that referred to in subsection (1) of this section shall retire; and so on, alternately as between the members representing the two wards, on the first Saturday in July in every third year one representative member of the said Board shall retire; and upon each such retirement a member shall be elected to represent the ward represented by the retiring member, and shall be appointed a member of the Assessment Board. (3) If at any time after the passing of this Act the day of the year for the retirement of district councillors throughout the SouthEast is altered, the day of the year for the retirement of members of the Assessment Board shall also be altered, so as to be the same from time to time as the day for the retirement of district councillors. (4) Upon each such appointment of a member of the Assessment Board the Commissioner shall, by notice in the Gazette, declare such person to be appointed a member of the Board, and such notice shall be conclusive evidence of such appointment. (5) A retiring member shall be eligible for reappointment, and shall hold office until his successor is appointed. 13. The member of the Land Board to be a member of the Assessment Board shall hold office during the Governor's pleasure. PART II. Land Board member pleasure. to hold office during 14. The office of a member of the Assessment Board appointed Vacation of office of by the District Council shall be vacated in case of his 1. Death, lunacy, insolvency, execution of a statutory deed of assignment for the benefit of creditors, composition with creditors for less than Twenty Shillings in the Pound, or conviction for felony or misdemeanor; 11. Absence without leave of the Assessment Board from three consecutive meetings of such Board, followed by resolution of such Board declaring the office vacant, which resolution such Board may pass if it thinks fit, but not later than six weeks after the last of such three consecutive meetings; III. Absence from the State for three consecutive months without leave of the Assessment Board; IV. Retirement by rotation, as by this Act provided; v. Resignation by notice in writing delivered to the Assessment VI. The judgment or order of any duly authorised Court or representative member. 15. (1) The PART II. Board may act notwithstanding vacancy. Quorum. Chairman. PART III. DIVISION I. South-Eastern To be a corporate body. Members of Board. The South-Eastern Drainage Act Amendment Act.-1908. 15. (1) The Assessment Board may act notwithstanding a vacancy in its membership; and no act or proceeding of the Board shall be invalidated or illegal in consequence only of such vacancy existing at the time of such act or proceeding. (2) All acts and proceedings of the Assessment Board shall, notwithstanding the subsequent discovery of any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to be a member or to act as such, be as valid as if such member had been duly appointed and was qualified to be and to act as a member of such Board. 16. Any three members of the Assessment Board shall form a quorum for the transaction of business. 17. The Governor shall from time to time appoint one of the members of the Assessment Board to be chairman thereof, and may revoke any such appointinent at pleasure. When the chairman is absent from any meeting the members present shall appoint one of their number to be acting chairman during such absence. The chairman or acting chairman shall have a casting as well as a deliberative vote. PART III. THE SOUTH-EASTERN DRAINAGE MANAGEMENT BOARD. DIVISION I.-CONSTITUTION OF BOARD. 18. A Board, called "The South-Eastern Drainage Management Board," and in this Act referred to as "the Drainage Board," is hereby constituted. 19. (1) The Drainage Board shall be a body corporate under the name of "The South-Eastern Drainage Management Board," and shall have perpetual succession and a common seal, and by such name shall be capable of suing and being sued, and of being a party to arbitration, and of purchasing, holding, and alienating 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. (2) All Courts, Judges, and persons acting judicially shall take judicial notice of such seal when affixed to any instrument, and shall presume that the same was properly affixed thereto. 20. The Drainage Board shall consist of five members, as follows (a) One member to be from time to time appointed by the Governor, who shall be the chairman of such Board; and (b) Four representative members, who shall be residents of the South-East, to be appointed as hereinafter mentioned. 21. For The South-Eastern Drainage Act Amendment Act.-1908. 21. For the purpose of electing representative members of the Drainage Board, the South-East is hereby divided into four wards, as follows:- PART II. DIVISION I. Wards for electing members of Drainage 1. Ward No. 1-Comprising the district of the District Board. Council of Lacepede and the portion of the County of Cardwell, defined in the First Schedule to this Act; 11. Ward No. 2-Comprising the districts of the District III. Ward No. 3-Comprising the districts of the District IV. Ward No. 4-Comprising the districts of the District. representative 22. All the provisions of sections 8 to 11 inclusive relating to Appointment of members of the Assessment Board shall apply, mutatis mutandis, to members of Board. the representative members of the Drainage Board. 23. (1) On the first Saturday in July, in the year one thousand nine hundred and eleven, two representative members of the Drainage Board, to be determined by the Commissioner by lot, shall retire, and members shall be elected to represent the wards represented by such members, and shall be appointed members of the Drainage Board. (2) On the first Saturday in July, in the year one thousand nine hundred and fourteen, the representative members of the Drainage Board for the time being representing the wards other than those referred to in subsection (1) of this section shall retire; and so on, alternately as between the members representing the four wards, on the first Saturday in July in every third year two representative members of the said Board shall retire; and upon each such retirement members shall be elected to represent the wards represented by the retiring members, and shall be appointed members of the Assessment Board. (3) If at any time after the passing of this Act the day of the year for the retirement of district councillors throughout the SouthEast is altered the day of the year for the retirement of members of the Drainage Board shall also be altered, so as to be the same from time to time as the day for the retirement of district councillors. (4) Upon each such appointment of a member of the Drainage Board the Commissioner shall, by notice in the Gazette, declare such person to be appointed a member of such board, and such notice shall be conclusive evidence of such appointment. (5) A retiring member shall be eligible for reappointment and shall hold office until his successor is appointed. Two representative every three years. members to retire 24. The member of the Drainage Board appointed by the Member appointed by Governor shall hold office during the Governor's pleasure. Governor to hold 25. All PART III. DIVISION I. Vacation of office of representative member. Board may act notwithstanding vacancy. Regulations for The South-Eastern Drainage Act Amendment Act.-1908. 25. All the provisions of section 14 hereof relating to the office of a member of the Assessment Board shall apply, mutatis mutandis, to the office of a representative member of the Drainage Board, and in addition the office of such representative member shall be vacated if he (a) Holds any office or place of profit in the gift or disposal of the Drainage Board, or (b) By himself, his partner, or otherwise has any interest in any contract or agreement with or any employment under the Drainage Board. 26. All the provisions of sections 15 and 16 hereof relating to the Assessment Board shall apply mutatis mutandis to the Drainage Board. 27. The Drainage Board may from time to time make, ame nd business of Drainage add to, and annul regulations for or relating to Board. Fees and allowance to members Officers and auditors of Drainage Board. 1. The times and places and notices of its meetings: 11. The conduct of its proceedings and business: III. The duties, control, supervision, and guidance of its officers, and servants: IV. The use of its common seal. All such regulations shall be published in the Government Gazette; and the Gazette purporting to contain any such regulation, amendment, addition, or annulment shall be conclusive evidence thereof and that it was duly made or effected. 28. (1) Each representative member of the Drainage Board shall be paid out of the funds of such Board by way of remuneration for his services the sum of One Pound for each meeting of the Board which he attends: Provided that such remuneration in case of any such member shall not exceed the sum of Seventy-eight Pounds in any one year. (2) The member of the Drainage Board appointed by the Governor shall be paid out of the General Revenue of the State such salary for his services as the Commissioner determines. 3) All members of the Drainage Board shall, in addition to the amounts hereinbefore mentioned, be paid out of the funds of such Board their travelling expenses incuried in connection with the business of such Board according to such scale as the Commissioner thinks reasonable and fixes from time to time. 29. The Drainage Board May from time to time appoint and employ such officers and servants as they deem necessary for enabling the Board to carry into execution its various powers and duties, at such salaries The South-Eastern Drainage Act Amendment Act.-1908. salaries and wages and with such allowances for expenses as the Board deems proper, and may remove or dismiss any officer or servant at pleasure, but without prejudice to the rights of any person wrongfully removed or dismissed: Shall appoint two auditors (not being members of such Board) every year, who shall hold office for one year and shall be paid such remuneration as the Board thinks proper. proper. person shall be appointed an auditor for more than two consecutive years. 30. The Drainage Board No PART 111. DIVISION 1. Minutes and accounts of Drainage Board Shall cause proper minutes or records of all its proceedings to and audit. Shall cause to be kept proper books of account for the purpose Shall cause the accounts of such Board to be balanced annually, and to be delivered to the auditors for examination within thirty days next after the thirtieth day of November in each year. The auditors shall carefully examine such accounts with the books, papers, and vouchers of the Board, and shall cause the same to be corrected or altered whenever found necessary; and for the purpose of completing such audit, their duties shall continue until such accounts have been duly examined and audited by them, notwithstanding that their successors have been appointed: Provided that the Governor may at any time cause the accounts of such Board to be audited by the Commissioner of Audit or any other person appointed by the Governor ; and the Commissioner of Audit or person so appointed shall, for the purposes of such audit and accounts, have all the powers for the time being vested by law in the Commissioner of Audit in relation to the audit of public accounts: Shall cause an account of all moneys received and expended by virtue of and for the purposes of this Act, signed by the chairman and certified by the auditors, specifying the total sum received from each source of income, and the total |