The Roads Act 1902 (WA)

777,e Roads Act, 1902.

(2° Edwardi VII., No. 48.)

ARRANGEMENT.

PART I.-PRELIMINARY. Sec.

Sec. 35. Notice to be given.

1. Short title and commencement.	36. Constitution of Court.
2. Division of Act.	37. Court may be adjourned.
3. Repeal.	38. Powers of the Court.
4. Interpretation.	30. Hearing of claims and objections.
5. Sundays and holidays.	40. Costs in cases of frivolous, etc., claims

or objections.

41. Certificate, etc., of revision.

PART II.-ROAD DISTRICTS. 42. List to be made out and signed by

6. The Governor may constitute, divide, chairman.

or abolish districts. 43. List so signed to be the electoral roll.

Notice to be published.	44. Copy of roll to be evidence.
Petition for inquiry.	45. Copies of roll to be supplied.
Inquiry.	46. (1.) Omission to publish, etc., not to

Report. invalidate proceedings.

7. Existing districts. (2.) If list not revised within the

8. Apportionment of assets and liabilities time appointed, Governor may

on division of district. appoint a day far holding a

9. Townsites to be included in district. revision court.

10. Incorporation of district or part there- (3.) Minister may appoint day for

of 'as municipality.

revision, and may correct errors,

etc.

PART III.-ROAD BOARDS. ( 4.) Minister may nominate court on

Boards. failure of Board to hold same.

11. Boards. 47. Where no Board, Minister may ap-

12. Existing Boards. point person to make roll.

13. Constitution of Board on division of Election of Members.

district into wards. 48. First elections.

14. Board to be a body corporate., 49. Annual elections.

Qualification of Members. 50. Extraordinary vacancies.

15. Qualification of members. 51. Candidates for election to give seven

16. Local managers and superintendents days' notice to chairman.

of owners of /and. 52. Returning Officer.

17. Disqualifications. 53. Returning Officer not to be a eandi-

Retirement and Vacancies. Podlite/g . places.

55. Returning Officer to preside.

18. Three members to retire annually.	56. Proceedings at election.
19. Retirement in ease of new districts.	57. Returning Officer to appoint polling

20. Resignations. clerks, etc.

21. Retiring member eligible for re- 5S. Returning Officer to appoint deputy at

election. other than chief polling place.

22. When office vacated. 59. Substitutes.

Ouster from Office. 60. Scrutineers.

23. Ouster from office.	61. Method of voting.
24. Governor may supersede a Board.	62. Votes to be given in person

:

Exceptions.

Qualification of Electors. 3. Voting in absence.

25. (I.) Electors. Duty of Returning Officer with regard

(2.) Wards. to the ballot papers of absent voters.

(3.) Number of votes.	4.	Ballot papers.
(4.) Votes forfeited if rates not paid.	5.	Questions to be put to electors.

26. Joint owners and occupiers.	6. Consequence of answers.
27. Corporate bodies.	67. Answer conclusive.
28. Manager may be registered.	68. Ballot papers to have number of votes

29. New districts. inserted, and to be initialed.

69. Deputy Returning Officer to deliver

Electoral Rolls. voting papers to Returning Officer.

30. Preparation of lists. 70. (I.) Names of persons elected to be

31. Claims. declared by Returning Officer.

32. Objections. (2.) Returning Officer not to vote

33. Lists to be published of claims and except by giving a casting vote.

objections. (3.) Deputy Returning Officer may.

34. Board to hold court for revision of list.

Roads.

Sec.	Sec.
71. Names of persons elected to be returned	106. Board may take materials for road-

to Minister.	making.
If election avoided, persons elected to	Compensation.
be deemed duly elected till day of	Arbitration.

declaration of avoidance. Excavations to be fenced.

72. Expenses of Returning Officers, etc.	107. Board may close a road permanently.
73. Invalid elections, how remedied.	108. Board may close a track, not being a

74. Irregularity in elections road.

109. Persons desiring to place gate across

road may apply to Board.

PART IV.-PROCEEDINGS OF THE BOARD.	110. Board may remove existing gates.
75. Election of chairman.	111. Board may require land on which

76- Duration of office of chairman. there is an excavation to be fenced.

77. Chairman to preside.	112. Trees obstructing or injuring roads.
78. Absence of chairman.	113. Management of sewers and drains.
79. Resignation of chairman.	114. Board may abate nuisance.
80. Appointment and remuneration of	115. Board may establish pounds.

officers. 116, Method of entering into .contracts.

81. Board meetings. 117, By-laws.

82. Quorum. By-laws to be enforced by penalty.

83. How questions decided. 118. By-laws to be approved by Governor

84. Member cannot vote when interested. and gazetted.

85. As to adjournment of meetings. 119. By-laws not to relieve offenders from

86. As to revocation or alteration of resolu- other proceedings.

tions. 120. Proof of by-laws.

87. Board may appoint committee.	121. Board relieved from certain actions.
88. Meetings of committee.	122. Liability of members of Boards.
89. Proceedings of Board not to be

invalidated by vacancy.

90. Minutes of Boards. PART VI.-REVENUE.

91. Minutes to be evidence of proceed- Ordinary income : Grants.

ings. 123. Ordinary income of Boards.

92. Minute-book to be open to inspec- 124. Governor may grant money to Boards.

tion.

93. Board to provide office. Rate Book.

94. General meeting of ratepayers. 125. (r.) Rate Book. (2.) Valuation.

PART V.-POWERS AND DUTIES OF BOARDS.	(a.) Pastoral leases.
95. Control of roads.	(6.) Mines.

96. Governor may place reserves, etc., (3.) Rate Book to be open to inspection

under control of Boards. by Health Boards.

97. Governor may exempt roads, etc., from 126. Assessment on unimproved values.

the control of Board. 127. Rating of persons residing on mining

98, (c.) Powers of Board : General man- leases.

agement of roads, etc. 128. Valuation of subdivided lots.

(2.) Water supply.	129, Rate book, when to be made up.
(3.) Power to make, etc., drains on	130. Ratable value.

private land. 131. Notice of valuation to be given.

(4.) Drainage from roads.	132. Rate book to be open to inspection.
(5.) Tree-planting.	133. Rate book may be amended.
(6.) Temporary closing for repairs.	134. Board may use previous year's rate

(7.) Deposit of road material. book.

99. Expenditure on bridges and culverts to

be under direction of Minister. Appeals.

100. No road of less width than sixty-six 135. Grounds of appeal against assessment.

feet to be laid out. 136. Appeals, how made.

101. No road to be set out within sixty-six 137. Appeals to the Board.

feet of building. 138. Appeals to the Local Court from de-

102. Resolution to open new road to be cisions of the Board.

confirmed by Governor. 139. Court may order costs.

103. Procedure for taking land.	140. Decision of Court final.
104. (c.) Owner or occupier may require

Felicia(' to be erected. Making of Rates.

(2.) Fences to be erected.	141. Board may make and levy rates.
(3.) Expense of making fences.	142. Maximum rate on unimproved values.
(4.) Expense of keeping fences in	143. On whom rates to be levied.

repair. 144. Manner of making rate.

(5.) In default of owner, Board may

repair and recover costs. Recovery of Rates.

(6.) Definition of "sufficient fence." 145. Recovery of rates by distress.

105. Notification of new road. 146. Bailiff may sell without license.

Roads.

Le.	Sec.
147.Recovery of rates by action or com-	PART IX.-OFFENCES AND IIISCELLANEOUS.

plaint. 189. Electoral offences.

148.Recovery of rates paid by owner from 190. Obstructing Board or officers in per-

occupier. formance of duty.

149.Recovery of rates paid by occupier 191. Penalty for obstructing road, etc.

from owner. 192. Injury to property of Board.

150.In action against owner, proof of de- 193. Neglect to keep in repair fence adjoin-

mand on occupier not necessary. ing road.

151.Persons liable may be resorted to in 194. Leaving open gate.

succession. 195. Offences.

152.Rate books to be evidence.	196. Penalties.
153.Apportionment of rates between suc-	197. Recovery of penalties.

cessive owners or occupiers. 198. Procedure.

154.Premises may be sold for arrears of 199. Penalties recovered to be paid to

rates, etc., remaining unpaid for Board.

eighteen months. 200. Board may be represented by secre-

Certificate of sale. tary or other officer.

155.Person ordered to sell need not have 201. Property may be stated in indictment,

auctioneer's license. etc., to be the property of the Board.

156.Overdraft. 202. Proceedings against officers, when to

157.Board may recover rates notwith- be commenced.

standing division, etc., of District.	203. Notices.
204. (I.) Notices and demands, how served..

PART VII.-BORROWING AND SPECIAL (2.) When deemed to have been given.

POWERS. (3.) When name of owner or occupier-

158.Application of this Part. unknown.

159.The Board may borrow money. (4.) Service on corporation.

160.Amount that may be borrowed. 205. Notices binding on persons claiming

161.Conditions precedent to borrowing. under owner or occupier.

162.Ratepayers may demand a poll. 206. Notices may be authenticated by sig-

163.Proceedings for taking poll. nature of chairman without seal.

164.Unless majority in favour of loan, 207. Service on Board.

Board prohibited from borrowing. 208. Saving of civil remedy.

165.Security for loans. 209. Books of Land Titles and other offices-

166.Power to levy special rate. may be searched without fee.

167.Provisions of Part VI. to apply to 210. Evidence of ownership.

special rate. 211. Act not to affect rights of the Crown.

168.Property to be fenced if Board direct.

169.Subdivisional plans to be approved SCHEDULES.

by Board. 1. Repeal.

PART VIII.--A.CCOUNTS AND AUDIT. Forms.

170.Financial year.	2. List of Electors.
171.Books of account, and inspection by	3. A. Claim of person whose name-

persons interested. omitted.

172.Quarterly financial statement. B. Claim to have value altered.

173.Money in hand at end of each year'to 4. A. Notice of objection to retention of

be paid into bank. name on list.

174.Auditors. B. Notice of objection to valuation.

175.Election of auditor by ratepayers.	5. Electoral roll.
176.Duration of office.	6. Ballot paper.
177.Casual vacancies.	7. Ballot paper of absent voter.
178.Failure to elect.	8. Rate book.
179.Annual balance and audit.	9. Notice of valuation.
180.Persons interested may be present.	10.Notice of appeal.
181.Annual financial statement.	11. Notice of appointment for hearing

182.Duty of auditors. appeals.

183.Duty of auditors in case of unauthor- 12.Notice of appeal from Board to Local

ised expenditure. Court.

184.Auditors may take legal advice.	13. Warrant of distress.
185.Any difference between auditors to be	14. Scale of bailiff's fees.

settled by Minister. 15. Notice of petition for sale on default of

186.Remuneration. payment of rates.

187.Governor may remove auditor from 16. Certificate of sale.

his office. 17. Districts to which Part VII. applies.

188.Provision for repayment of disburse- 18. Voting paper.

ments of Board or members. 19. Form of debenture.

Wotan

ANNO SEGUNDO

EDWARDI VII. REGIS.

* it *************Sl****************** ****************

No. XLVIII.

AN ACT to consolidate and amend the Law relating to Road Boards.

[Assented to, 20th December, 1902]

Legislative Assembly of Western Australia, in this present Parliament with the advice and consent of the Legislative Council and assembled, and by the authority of the same, as follows :-- BE it enacted by the King's Most Excellent Majesty, by and

PART I.—PRELIMINARY.

1. shall come into operation on the first day of January, 1903.	THIS Act may be cited as the Roads Act, 1902, and	Short title and com-
mencement.

2. THIS Act is divided into Parts, as follows Division of Act.

PART	1.—PRELIMINARY, ss. 1-5.
PART	1L—RoAD DISTRACTS, SS. 6-10.

PART III.--ROAD BOARDS, ss. 11-74.

PART IV.—PROCEEDINGS OF BOARDS, SS. 75-94.

PART V,—POWERS AND DUTIES OF BOARDS, SS. 95-122.

EDWARDI VII., No. 48.

Roads.

PA RT VI.—REVENUE, ss. 123-157.

PART VII.--BORROWING AND SPECIAL POWERS, SS. 158-

169.

PART VIII.—ACCOUNTS AND AUDITS, SS. 170-188.

PART IX.—OFFENCES AND MISCELLANEOUS, SS. 139-211.

Repeal: First 3. THE Acts mentioned in the First Schedule are hereby re-

Schedule.	pealed.
But such repeal shall not affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any such Act, or any act, deed, matter, or thing lawfully done thereunder. -

And notwithstanding such repeal:

All by-laws in force within any district at the commencement of this Act, and lawfully made under any repealed Act, shall continue in force until repealed in the manner pro- vided by this Act.

All rates and other moneys which, under any repealed Act, are, at the commencement of this Act, due or become due or are accrued due and payable to or leviable by the Board of any district shall be and continue to be so due, payable, and leviable, and shall be paid to and may be received and recovered by the Board under the provisions of this Act.

All rights and liabilities in respect of any property for arrears of rates due at the commencement of this Act shall remain the same as if this Act had not passed.

All penalties imposed under any repealed Act, and incurred at the commencement of this Act, may be enforced as if this Act had not passed.

All books and documents made evidence shall continue evidence to the same extent as if this Act had not passed.

All works and undertakings authorised to be executed and all engagements existing at the commencement of this Act shall he carried out under this Act.

All lists of ratepayers and electoral lists. in force at the com- mencement of this Act shall be deemed to have been made under this Act, and this Act shall apply to the same accordingly.

Save so far as there is anything in this Act inconsistent therewith, this Act shall apply to all matters and things made, done, or commenced under any repealed Act, as if this Act had been in force at the time they were made, done, or commenced, and they were made, done, or com- menced thereunder.

2° EDWARDI VII., No. 48.

Roads.

4. IN this Act, unless the context otherwise requires, the

following terms shall have the meanings stated:— In terpret..

" Board " means the Road Board of a district ;

" Chairman " includes the person acting as chairman for the time being ;

" District" means the road district under the jurisdiction of

a Board ;

" Land" includes messuages, tenements, hereditaments, houses, and buildings, but, for the purpose of valuation, does not tteio tIsinkioir ail cIotsti: to

include mining machinery whether fixed to the soil or 6. ° j

not, or minerals in or on a mine;

" Member " means a. number of the Board, and includes the

Chairman ;

" Minister " means the Minister for the time being administer- ing this Act.

" Naturalised subject " means a subject of the King naturalised under the law of the United Kingdom, or of a Colony which has become a State of the Commonwealth, or of the Commonwealth or of a State.

" Occupier " means the inhabitant occupier of any land within . Divisional Boards

the district, and, if there is no occupier, the person entitled Act, 1887 (Q), s. 6.

to possession thereof.

" Owner" includes the person, other than the King, for the time being entitled to receive the rent of any laud, whether on his own account or as trustee, attorney, or agent for any other person, or who would be entitled to receive the rent if the land were let at a rent.

Sea ibid.

" Person " includes a corporation, sole or aggregate.

" Property " includes all real and personal property, and all

estates, interests, easements, and rights, whether legal or equitable, in, to, or out of property, real or personal, including things in action.

" Public notice " means notice by advertisement in the Govern- ment Gazette, but the Board may give notice of any matter

or thing by such additional means as to the Board may

seem fit.

" Ratable land " or " ratable property " includes all land, Roads Act, 1888,

to the Crown and not used or occupied otherwise than

for public purposes ; land vested in, or in the occupation

or under the control of the Board, or a Local Board of

with the exception of the following :—Land belonging s. 3, 90. person ; land used exclusively for religious or charitable

2° EDWARDI VII., No. 48.

Roads.

purposes; land used exclusively as a public hospital, benevolent asylum, orphanage, public school, public library, millers' or mechanics' institute ; public reserves, and cemeteries; land belonging to any religious body, and occupied only as a convent, nunnery, or monastery, or by a religious brotherhood or sisterhood, or as a place of residence of a minister of religion ; and land reserved or set apart for the benefit of the aborigines.

" Ratepayer " means the owner or occupier of ratable land within the district.

Ibid., s. 3.

Resident magistrate " includes Government Resident and

police magistrate.

See ibid., a. 3..	" Road " means any land notified in the Government Gazette as a road, or as a main or minor road, and includes any road declared or notified as such under any repealed Act ; and any public highway, whether carriage way, bridle path, track, cycle track, or footpath; and all bridges, culverts, chains, ferries, fords, gates, buildings, and other things appertaining thereto.
" Returning Officer " includes deputy returning officer.

WHEN any day appointed by this Act for any purpose happens in any year on a Sunday, or public holiday either through- out the State or in the district, then such appointment shall take effect as for the next following week day which is not a public holiday.

Sundays and holi- 5.

days.

PART II.—ROAD Inman's.

The Governor may	6.	THE Governor may, by Order in Council,—
constitute, divide, or
abolish districts.	( .) Constitute any portion of the State which is not included

Divisional Boards

in a municipality, or which may have been lawfully

Act, 1867 (Q.), s. 9,

severed from a municipality, a road district, with such

see Roads Act, 1888,

s. 4.

boundaries and by such name as may be specified in

such order ;

(2.) Unite two or more districts or parts thereof into one

district ;

(3.)	Divide a district into two or more districts ;
(4.)	Divide a district into wards, and define the boundaries
of wards ;
(5.)	Increase or diminish the number of wards ;
(6.)	Alter the boundaries or name of any district or ward ;
(7.)	Include in any district or ward outlying land;

(8.) Abolish a district.

2" EDWARD' VII., No. 48.

Roads.

Provided as follows :—

(a.) Before any power conferred by this section is exercised, Notice to be pub -

notice shall be published in the Government Gazette. lisbed.

(b.) Within twenty-one days of the publication of such notice. or within such further time as may be stated in the notice, any ten ratepayers, or any ten persons owning ratable property within a proposed district, may petition the Governor for an inquiry into the advisability of the power being exercised. Petition for inquiry.

(c.) Upon receipt of such petition, the Governor may direct	an inquiry to be held, after notice in the Government Inquiry.
Gazette, by such person, at such place, and under such
conditions as the Governor may direct.

(d.) Upon the conclusion of the inquiry, a report shall be made, by the person holding the same, to the Governor. Report.

ALL districts existing at the commencement of this Act, continue districts for the purposes of this Act, and, so far as is

Existing districts.

Divisional Boards

necessary, shall be deemed to have been constituted under this Act.

Act. 1887 (Q.), s. 8.

8. a portion is severed from one district and included in another, and

WHEN any district is divided into two or more districts, or in every other case in which it may, in consequence of the alteration

assets and f	ilioties
od?	. stdriivcitsi on of

of boundaries, be necessary so to do, the Minister shall apportion the

Ibid., s. 12.

assets and liabilities of the respective districts between them, and adjust and finally determine any rights, liabilities, and questions arising therefrom.

7. under the provisions of the Acts hereby repealed, shall be and

9. by or adjoins any district, it shall be included in the district, WHERE a townsite, not being a municipality, is surrounded Townsites to be in-

eluded in districts.

If such townsite adjoins more than one district, it shall be included in such district, as may be determined by the Governor.

NOTHING in this Act shall prevent the Governor from constituting' the whole or any part of a district a munici- I trniceotrioco rpatairotn the

10.

reof

Imlay under the provisions of the Acts in force for the time as municipality.

being relating to municipalities; and the district or part of Ibid., s. 276.

a district, when so constituted a municipality, shall become subject

to the provisions of such Acts.

2° EDWARDI VII., No. 48.

Roads.

PART III.—ROAD BOARDS.

Boards.

ioards. 11. IN every district there shall be a Board, to be called the

;se Roads Act, 1888,	[name of district] Road Board, and consisting of seven members
. 5.	elected as hereinafter provided.
If the district is divided into wards, the Governor may increase the number of members of the Board to nine, and shall from time to time determine the number of members for each ward.

THE chairman, members, and officers of every Board constituted under any Act hereby repealed shall continue in office as if this Act had been in force at the dune when they were elected or appointed.

12.

existing Boards.

ON a district being divided into wards, the then members each member shall represent, and the Minister may order, settle, adjust, and finally determine any rights, liabilities, questions, and

constitution of 13.

3onrd on division of	of the Board shall determine between themselves the ward which
listrict into wards.
matters which may arise in consequence of any district being so
divided.

3oard to be a body H. EVERY Board shall be a body corporate, with perpetual

:orporate.	succession and a common seal, and may hold land.
See Divisional Boards Act, 1887 (Q.), s. 14.

• Qualification of Members.

15.     EVERY adult male person, being a natural born or

ualification of

timbers.	naturalised subject of the King, and being the owner or occupier of
See Roads Act, 1838,	ratable land in the district, and who is not under any of the dis-
is. 13, 31.	abilities hereinafter specified, shall be qualified to be elected and to
Divisional Boards	act as a member of the Board of such district.
Act, 1887 (Q.), s.15.
Provided that no person shall be qualified to be elected unless on the day of nomination all sums due in respect of any rates upon land within the district, for the payment of which he is liable, have been paid.
When a district is divided into wards, it shall not be necessary that the qualification should arise in respect of land within the ward for which the member is elected.

Local managers and 16. WHERE the owner of any ratable land is qualified to be

mtperintendents of	elected as a member of the Board, the local manager or
owners of land.	superintendent of such owner shall be qualified to be elected a
See Roads Act
Amendment Act,	member of the Board, if the owner does not reside on the land.
[894, s. 5.

2° EDWARDI VII., No. 48.

Roads.

17. NO person who-

Disqualifications.

.) Holds any office or place of profit under or in the gift of the Board; or	See Roads Act, 1888,
s. 29.

(2.)	Is concerned or participates in the profit of any contract with or employment under the Board otherwise than as a shareholder in an incorporated company ; or
(3.)	Is an undischarged bankrupt or insolvent ; or

(4.) Is under sentence for any crime or misdemeanour, or any offence punishable by imprisonment for one year or longer ; or

(5.) Is of unsound mind ;

shall be capable of being or continuing a member.

Retirement and Vacancies.

18. ON the third Thursday in March in every year, except the

year One thousand nine hundred and three, three members shall go rrehr ti memb er to s

retire annually.

out of office by rotation.

The members to go out shall be the members who have been longest in office without re-election.

As between two or more members who have been in office an See Roads Act, 1888,

equal time without re-election, the member who at his election 45.

Divisional Boards

received the least number of votes shall go out. If they received the same number of votes, or there was no ballot, it shall be decided by Act, 1887 (Q.), 19 .

lot which of them shall go out.

IF the first election for a new district is held after the thirtieth day of September in any year, no member shall be required	Retirement in case of
new Districts.
to go out of office until the third Thursday in March in the second	See Roads Act, 1888,
year ensuing.	s. 43, s.s. (s).

19.

ANY member may resign his office by writing under his hand addressed to the Board, and such resignation shall be complete	Resignations.
Roads Act, 1883,
from the time when it is received by the chairman or secretary.	s. 31.

20.

EVERY member who retires by rotation or resignation shall. if otherwise qualified, be eligible for re-election.	Retiring member
tion.
eligible for re=elec-
Ibid., s. 49.

21.

22. THE office of a member or a chairman shall be vacated When office vacated.

(1.) If he is or has become disqualified, or has ceased to be qualified under the provisions of this Act ; or	Divisional Boards
Act. 1887 (Q.), s. 18.

2° EDWARDI VII., No. 48.

Roads.

lee Roads Act, 1888,	(2.) If he has been absent from three or more consecutive ordinary meetings of the Board, extending over a period of three months at the least, without leave obtained from the Board in that behalf, and a resolution has been passed by the Board declaring the office vacant ; or
. 31.
(3.) If he is ousted from office by the Supreme Court.

Any member who, being disqualified, or whose office has become vacant as aforesaid, continues to act as a member of the Board, knowing that he is so disqualified, or that his office has become vacant, shall be liable to a penalty not exceeding Fifty pounds.

Ouster .from Office.

Duster from office of this Act, of acting or continuing to act as a member. holds or 23. (I .) -WHERE any person incapable, under the provisions

Divisional Boardsexercises office, the Supreme Court or a Judge thereof may, upon Ant, 1887 (Q.), 26 the application of any ratepayer, grant a rule or order calling upon

such person to show cause why he should not be ousted from his

office.

(2.) If, upon the return of the rule or order, it appears to the Court or Judge that the person so holding or exercising office was, while holding or exercising office, incapable, under the provisions of this Act, of holding office, the Court or Judge may make the rule or order absolute, or, if the matter does not so appear, may discharge the rule or order, and in either case with or without costs.

(3.) The person against whom any such rule or order is made absolute shall be deemed thereby to be ousted from such office accordingly.

24. IN all cases where a Board shall not observe the provisions

Governor may super-

sede a Board.of this Act, or in any other case when the Governor shall think fit

See Roads aa,1888, in the interests of the public service, it shall be lawful for the

s. 1•. Governor to supersede a Board, either wholly or partially, and to authorise the Minister to exercise all or any of the functions of such Board for such time as he shall think fit. Notice of such supersession shall be given in the Government Gazette

Qualification of Electors.

25 , ( I .) EVERY adult person, being a natural born or

Electors.	naturalised subject of the King, and being on the first day of
See ibid. 13.	January in any year the owner or occupier of land liable to be rated
Divisional Boards
Act, 1887 (Q.), s. 28.	within the district, shall be qualified as an elector, and, when registered on an electoral roll, to vote at elections of . members for the district, but subject to the' provisions hereinafter contained.

2° EDWARDI VII., No. 48.

Roads.

(2.) When a district is divided into wards, every person Wards.

entitled to vote See ibid.

(a.) Shall be so entitled for such ward only in which

the qualifying land of such person is situated; and

(b.) Shall be so entitled for every ward wherein any quali-

fying land of such person is situated.

( 3 .) Every person entitled to vote shall, at every election, Number of votes.

have a number of votes proportionate to the annual ratable value of	See Roads Act, 1888,
the land owned or occupied by such person within the district or	s. 14.
ward, according to the following scale:—	Divisional Boards
Act, 1887 (Q.), s. 2S.

ANNUAL VALUE. NUMBER OF VOTES.

Not exceeding ten pounds • • • One

Exceeding ten pounds and not exceeding

twenty-five pounds • • • Two

• • •

Exceeding twenty-five pounds and not exceed-

ing fifty pounds ... ... Three

Exceeding fifty pounds •.. Four

(4 .) No person shall be entitled to vote at any annual election Votes forfeited if

unless all rates then due upon all land in the district, for the rates not paid.

payment of which such person is liable, have been paid.

See Roads Act, I888,

s. 13.

26.

WHEN more persons than one are joint occupiers or

owners of ratable land, each of such persons shall, for the purpose occupiers.

of the last preceding section, be deemed to be the occupier or owner

Joint owners and

See ibid., s. (3).

of land of annual value equal to that of the whole of such land

divided by the number of such occupiers or owners.

WHEN an incorporated body is the owner or occupier of land, any person appointed by such incorporated body, by writing,	Corporate bodies.
See ,D1887 • IB

27.

under its seal, may be registered on the electoral roll, and may vote Act, 18	e	es .0	"3e.
on behalf of such incorporated body.

THE manager or superintendent of the owner of any ratable land, in . ease such owner is qualified as an elector, may, on Manager may be	registered.
the written application of the owner, be registered on the electoral

28.

roll, and vote in place of the owner of the land, if the owner does RnatthAtte,t 1A	80nr, ll	sci	. -5.
not reside on the land.

AT any election in a new district for which no electoral roll is in force, any person qualified to have his name placed upon	New districts.
See Divisional
the electoral list shall be entitled to vote, and each such person shall	Boards Act, 1887
have one vote.	(Q.), 3. 31.

29.

2° EDWARDI VII., No. 48.

Roads.

Electoral Rolls.

Preparation of lists. year, the Board shall make out, in the form of the Second Schedule, a 30. (i .) ON or before the first day of January in every

See Roads Act, 1SSS, list of all persons appearing to be entitled to vote at an election of

s. 15.

Second schedule.	members of the Board.
(s.) When a district is divided into wards a separate list shall be made out for each ward. •
(3 .) Every list shall be arranged in alphabetical order of surnames, shall contain the several particulars indicated in the said schedule, and shall he signed by the chairman; and a copy shall, on the said day and on the seven days next following, be exhibited on the outer door of the office of the Board or in some other public place in the district.

Claims. 31. ANY person

See ibid., s. 16.

(a.) Whose name has been omitted from a list; or

(b.) Who is dissatisfied with the ratable value put upon the

land of which he is the owner or occupier,

may apply to the Board to have his name inserted, or to have the

ratable value altered, as the case may be.

Third Schedule.

Such application shall be in the form A or B. in the Third

Schedule, or to the effect thereof, and shall be delivered on or before

the thirty-first day of January in any year, and may be sent through

the post or by telegraph. •

Objections. 32. ANY person whose name appears on any electoral list may

See ibid., s. 16.	object to any person as not being entitled to have his name,retained on the list, or to the ratable value of land placed against the name of any person.
Fourth Schedule.	Every such objection shall be made to the Board, and to the person objected to, in the form A or Bin the Fourth Schedule, or to the effect thereof, and shall be delivered on or before the thirty-first day of January in any year, and may be sent through the post or by telegraph.

Lists to be published 33. TH E Board shall cause lists to be made of the names and

of claims and objec . addresses of the persons claiming to have their names inserted on

tions. the electoral list, or to have the amount of the ratable value set See s. 17. against their names altered, and the particulars of such claims ; and

also of the persons whose names, or the ratable value of whose lands have been objected to ; and shall cause such lists, with appro- priate headings stating the contents thereof, to be exhibited on the outer door of the office of the Board or in some other public place in the district. on or before the fifth day of February in each year.

2° EDWARDI VII., No. 48.

Roads.

THE Board shall hold an open Court within the district for the revision of the electoral list on such day between the tenth and Board to hold Court for revision of list.

34.

twentieth day of February, both inclusive, in each year as may be See ibid., s. IS.

appointed by the Board.

TEN clear days' notice of the holding of such Court shall be given by exhibiting such notice on the outer door of the office of the	Notice to be given.
Board, or in some public place in the district, and by advertisement	Ibid.
in a newspaper usually circulating in the district.

35.

THE Court shall consist of three or more members of the Board. The chairman, if present, shall preside, but in his absence	Constitution of
the members present may appoint one of their number to be chairman.	Ibid.

36.

37.

EVERY Court may from time to time be adjourned; and

any. Court, three members of the Board are not present, any one

member, or if no member is present, the secretary, may adjourn the Ibid.

Court.

ouurrnteamay be ad-

if	at	any time, for half-an-hour after the time appointed for holding.	iCo
38.

THE Court shall have power to hear, receive, and examine evidence, and for that purpose to administer an oath or affirmation,	Powers of the Court.
Ibid.. s. 19.
and by summons under the hand of the chairman of the Court to :require any person to appear before the Court, and to produce all such books and papers in his possession or under his control as may appear necessary for the purpose of his examination ; and the Court shall have the like powers for compelling the attendance of witnesses summoned, and their examination, as by any law in force for the time being is vested in Justices exercising summary jurisdiction ; and the Court shall, upon hearing in open Court, by the decision of a majority, determine upon the validity of all claims and objections.
Any person failing to obey the summons of the Court shall be liable to a penalty not exceeding Ten pounds.

39. THE Court shall Hearing of claims

(a.) Insert in the list under revision the name of every person and objections.

who has claimed, and is proved to the satisfaction of the	See ibid., s. 20.
Court, to be entitled to have his name inserted.

(b.) Determine the claim of every person to have the ratable value put upon the land of which he is owner or occu- pier altered.

Retain upon the list the name of every person objected to, with the ratable value set against his name unaltered, unless the person objecting appears in support of the objection.

2° EDWARD' VII., No. 48.

Roads.

(d.) On the appearance of the person objecting, require proof by the person objected to, of so much of the qualification as is embraced in the grounds of objection ; and in case such qualification is not proved to the satisfaction of the Court, strike out the name of the person objected to, or alter or correct the ratable value set against his name, as the case may require.

(e.) Retain on the list the name and qualification of every

person against whom no objection has been sustained.

(.1)

Strike out the name of any person proved to be dead.

Correct any mistake, or supply any omission which may

appear to have been made in the list in respect of the name, address, or occupation of any person, or in respect of the description or situation of the ratable land.

No name shall be inserted or, except in case of death, struck out, nor shall the ratable value of any land be altered unless the Court is satisfied that notice has been given as hereinbefore required in each case.

Costs in cases of 40. IF it appears to the Court that any person has made or

frivolous, etc., claim	attempted to sustain any frivolous or vexatious claim or objection,
or objections.	the Court may award such costs as to the Court may seem meet to.
Ibid., s. 21.	be paid by such person to the person resisting such claim or objection ; and the same may, in default of payment, be recovered in a summary manner before any two Justices.

TH E chairman shall, in open Court, write his initials against which any mistake has been corrected or omission supplied, and shall sign his name to every page of the list so settled, and shall then cause to be written at the foot or end of the list a certificate that the same has been revised and is correct, with the date thereof, and the chairman and at least two other members of the Court•shall sign such certificate.

Certificate, etc., of 41.

revision.	the names struck out or inserted, and against any part of the list in
Ibid., s. 22.

THE list so certified shall be delivered to an officer the names thereon to be copied or printed in alphabetical order in the form of and with the several particulars required by the Fifth

List to be made out 42.

and signed by	appointed by the Board for the purpose, who shall forthwith cause
chairman.
See ibid., s. 23.
Fifth Schedule.	Schedule ; and to every name a number shall be prefixed, such numbers beginning at the first name with the number one and con- tinuing in regular arithmetical series to the last name on the list.
ne chairman having satisfied himself of the correctness of such list shall. on the first day of March, sign the same.

2° EDWARDI VII., No. 48.

Roads.

43. THE list so signed as aforesaid shall be the electoral roll signed to be

for the district, and shall not be added to or altered, and shall the electoral rol/ .

continue in force until a new roll is made. s. 24.

44. ANY copy purporting to be a copy of the electoral roll Copy of roll to be

signed by the chairman shall be prima facie evidence of the contents	evidence.
of the roll in any court of justice, or for any other purpose.	Ibid., s. 25.

45. THE Board shall supply a copy of the electoral roll to any Copies of roll to be

person requiring the same on payment of a reasonable charge not	supplied.
exceeding five shillings.

46. (1.) NO omission to give any notice with regard to any list, Omission to publish,

or to keep any list for perusal or inspection, shall prevent, invali-

etc., not to invalidate

date, or render imperfect anv of the proceedings hereinbefore

proceedings.

provided for with regard to the compilation or completion of any

Ibid., s. 26.

such list.

(2.) If from any cause the revision of any list has not been made or completed within the time appointed for that purpose, the

If list not revised

within the time ap. pointed, Governor

Minister may extend the time, and appoint another day to be the

may appoint a day

clay for holding a revision court for revising the said list ; and such

for holding a revision

day shall be deemed to be for all intents and purposes the day

court.

appointed for such revision, and the time for making and signing

Ibid.

the roll shall be extended in the same proportion.

(3.) If the preparation, printing, or revision of the electoral list has been omitted or not completed, or if the electoral list is not

Minister may ap-

point day for revi- sion, and may correct

signed, the Minister may, at the request of the Board, order the same

errors, etc.

to be clone, and such order shall be forthwith published in the

Ibid.

Gorernment Gazette; and upon such publication the omission or non-

compliance shall be rectified, and the list and roll completed or

signed according to the tenor of such order.

(4.) When a Board fails to hold a Court for the revision of the electoral list, the Minister, on extending the time, may authorise such Court to be formed and held by any three persons nominated by him.

The persons so nominated (of whom one shall be nominated chairman) shall have the same powers as if they were members of the Board, and as if the chairman so nominated were chairman of the Board.

47. IN the case of any new district, or of any district where Where no Board,

there is no Board, the acts and things required to be clone in and	Minister may
about the preparation of the roll of persons entitled to vote at any	appoint person to
make roll.
election shall be clone by such person at such time and at such place	See ibid., s. 28.
as the Minister may appoint in that behalf.

2° EDWARDI VII., No. 48.

Roads.

Election of Members.

First elections. 48. THE first election of members of a Board for a new

Ibid., s. 32. district shall be held on such clay as the Minister may appoint.

Annual elections. 49. AN annual election of members of the Board shall be held

See ibid., s. 32.

in every district on the third Thursday in March in every year,

except the year one thousand nine hundred and three.

Provided that when the first election for a new district is held after the thirtieth day of September in any year, the next election shall not take place until the second year ensuing.

If in any district the electors fail to duly elect the members of a Board, the Minister may, by notice in the Government Gazette

and a newspaper circulating in the district, appoint another day for

holding the election.

Extraordinary 50. WHEN a vacancy arises from any cause except annual

vacancies.	retirement, an election shall be held to fill such vacancy upon a day to
See ibid., s. 46.	be fixed by the chairman, and of which public notice shall be given.

Candidates for elec- 51. (1.) ANY person desirous of being a candidate for election

tion to give seven

as a member of a Board shall, by himself or his agent, give notice in

days' notice to chair-

man,

writing of such his desire addressed to the chairman of the Board at

least seven days before the day of such election.

See ibid., s. 34.

(2.) When the district is divided into wards, the notice shall

state the ward for which such person is a candidate.

(3.) The Board shall forthwith give notice of the intention of

such person to become a candidate by affixing a notice to that effect on the outer door of the office of the Board, and keeping the same there affixed until the day of election.

(4.) At the first election for a new district such notice shall be given to the Returning Officer, who shall, as soon as practicable after the receipt thereof, post a copy of such notice on the outer door of the magistrate's or police office of the district, or of the premises where such election is to be held.

(5.) No person shall be deemed a candidate at any such

election for the office of member of a Board who shall not have

given such notice as is herein provided.

(6.) Any candidate may, not later than four clear days before

the day of election, by writing addressed to the Returning Officer,

withdraw such notice.

Returning Officer. 52. A'L' every election the chairman, or other person appointed

See ibid., s. 32. by the Board, or if there is no Board, or no person is appointed by the Board, then such person as the Minister may appoint shall be the Returning Officer.

2" EDWARDI VII., No. 48.

Roads.

53.

NO person who acts as Returning Officer at an election shall be or become a candidate for any office at such election.

Returning Officer not

to be a candidate.

See ibid., s. 40.

54.

THE Board shall appoint and give public notice of a

chief polling place and such other polling places within the district

as they may think necessary.

Polling places.

55.      THE Returning Officer shall preside at the chief polling

Returning Officer to

place. preside:

(I.) IF, at ten o'clock in the morning of the clay of election, it appears that there is not more than one candidate for any one	Proceedings at elec-
tion.
vacancy, the Returning Officer shall declare such candidate duly	See Ibid., s. 34.
elected.
(2.) If it appears that there are two or more candidates for one vacancy, the Returning Officer shall order a ballot, and the ballot shall immediately take place, and shall close at seven o'clock in the afternoon of the same day.

56.

THE Returning Officer may appoint all necessary polling clerks and doorkeepers, and shall provide ballot boxes, ballot papers,	Returning Officer to
appoint polling
and lists of electors.	clerks, etc.

57.

THE Returning Officer shall appoint a deputy returning officer to preside at each polling place other than the chief polling appoint deputy at	Returning Officer to
other than chief
place.	polling place.

58.

ANY presiding officer may appoint a substitute to perform his duties during his temporary absence. Substitutes.

59.

60. EACH candidate may appoint, in writing, one scrutineer Scrutineers.

to be present at each polling place during the election.

EVERY person entitled to vote may give the number of votes to which he is entitled on the electoral roll to each of as many candidates as are to be elected, but no voting paper shall be counted which purports to vote for less than the full number of candidates to be elected. Method of voting.

61.

62. EVERY elector shall vote in person unless he Votes to be given in person :

(a.) Intends to be absent from the State on the day of election ;

Exceptions, see ibid.,

or s. 35 (3).

(b.) Resides more than five miles from a polling place ; or

(c.) Is prevented by illness or infirmity from attending a

polling place.

2° EDWARDI VII., No. 48.

Roads:

Voting in absence.	63. ( I.) WHENEVER any person entitled to vote is unable to record his vote personally for any of the reasons stated in the preceding section, he may apply to a Returning Officer, or to any Resident Magistrate, Justice of the Peace, postmaster, or other person appointed by the Minister in that behalf, for leave to vote in absence.
(2.) The Returning Officer, Resident Magistrate, Justice of the Peace, postmaster, , or other person appointed as aforesaid, shall then write on each of two counterfoils, numbered alike, the name of the district and the ward (if any) for which the applicant is registered to vote, together with the names in full and address of the applicant, and shall sign the back of a ballot paper bearing the same number as the counterfoils, and on the face thereof shall write the name of the district and the ward (if any) as on the counterfoils, and shall give the ballot paper to the elector.
(3.) The elector shall then write on the ballot paper the name or names of the candidate or candidates for whom he votes, and the number of his votes ; and shall fold it up and, in the presence of the Returning Officer, Resident Magistrate, Justice of the Peace, postmaster, or other person appointed as aforesaid, put it into an envelope.
(4.) The Returning Officer, Resident Magistrate, Justice of the Peace, postmaster, or other person appointed as aforesaid, shall then seal up the envelope, and write " Ballot paper " on both sides thereof, and shall put one of the counterfoils into an envelope, and seal it up and write " Counterfoil " on both sides thereof, and shall. then send both envelopes, enclosed in another envelope, by post or otherwise, to the Returning Officer.
Duty of Returning	(5.) The Returning Officer, on receipt of any such envelopes, commencement of the poll, and shall, at any convenient time or times during or immediately after the taking of the poll, in the presence of the scrutineers, proceed to open the envelopes containing the counterfoils, and having made a mark on the copy of the electoral roll in use at the polling place against the name of each person who appears by such counterfoils to have voted, shall keep such counterfoils in the same manner as the counterfoils of the ballot papers used by him at such election. Having thus dealt with the counterfoils, the Returning Officer shall proceed to open the envelopes containing the ballot papers received up to the close of the poll, allowing the scrutineers the opportunity (if they desire it) of seeing that the seals of the said envelopes are intact; and, as he takes out any ballot paper from its envelope, he shall, without opening the same, deposit it in the ballot box.
Officer with regard	shall, without opening them, retain them in his possession until the
to the ballot papers
of absent voters.

2° EDWARD' VII., No. 48.

Roads.

(6.) Any person who has applied to a Returning Officer, Resident Magistrate, Justice of the Peace, postmaster, or other person appointed as aforesaid, for the purpose of voting under this section, and has complied with the provisions of this section, shall not be entitled to vote otherwise at the election, although the said envelopes, or either of them, may not have been sent to the Return- ing Officer, or although they or either of them have miscarried.

(7.) For all subsequent purposes the Returning Officer shall treat any counterfoils and ballot papers received in accordance with the provisions of this section in the same way in which he is required to treat counterfoils of ballot papers given by himself to voters and ballot papers received by himself from voters.

BALLOT papers shall be in the forms in the Sixth and Seventh Schedules. Each ballot paper shall have a number on the	Ballot papers.
Sixth and Seventh
back corresponding with the number on the counterfoil.	Schedules.

64.

THE Returning Officer or his deputy may, and if required so to do by any scrutineer shall, put to any person tender-	to electors.
Questions to be put
ing his vote the questions following :—	Roads Act, 1888,

65.

Are you the person whose name appears as [here state the name under which the person claims to vote] in the electoral s. 35 (7).

roll now in force for this Road Board District [or ward], being enrolled therein in respect of land described to be situated in [here specitii the road or other place described in

the roll]?

Are you of the full age of 21 years ?

Have you already voted at the present election?

IF any person refuses to answer the said questions when put to him, or by his answer shows that he is not entitled to vote.	Consequence of
answers.
his claim to vote shall be rejected.	See s. 36.

66.

THE elector's answer shall be conclusive, and the matter shall not be further inquired into during the polling. Answer conclusive.

67.

BEFORE delivering a ballot paper to an elector, the Returning Officer or his deputy shall,

Ballot papers to have

number of votes

inserted, and to be

68.

(t.) Insert the number of votes to which the elector is initialed.

entitled, and

(2.) Initial the ballot paper on the back thereof

EACH deputy returning officer shall, immediately on the close of the ballot, collect and seal up all the ballot papers taken	Deputy Returning
Officer to deliver
at the polling place whereat he presided, and shall, with the least	voting papers to
possible delay, deliver the same or cause the same to be delivered	Returning Officer.
I) s.39.
to the Returning Officer.

69.

.2? EDWARDI VII., No. 48.

Roads.

Names of persons 70. (1.) THE Returning Officer shall, so soon as may be

elected to be declared	practicable after the election shall have been held, openly declare the
by Returning Officer.
Ibid., s. 40.	result of the election ; and in the event of the number of votes being found to be equal for any two or more candidates, by his casting vote, decide which of the candidates shall be elected.

Returning Officer not (2.) No Returning Officer shall vote at any election of which

to vote except by	he is the Returning Officer except in the case of an equality of votes.
giving a casting vote.

Ibid.	(3.)	The deputy of any Returning Officer, if entitled to vote,
Deputy Returning

Officer may vote.	may vote in like manner as if' he had not been appointed and acted
Ibid.	as deputy returning officer.

Names of persons 71. THE names of the persons elected shall be returned to

elected to be return.	the Minister, and shall be notified in the Government Gazette.
ed to Minister.

Ibid., s. 41. Any person whose name has been so returned and notified

If election avoided,	shall, notwithstanding that his election shall subsequently be
persons elected to be	declared invalid, be deemed to have been duly elected to all
deemed duly elected
till day of declara-	intents and purposes up to the clay on which his election shall
tion of avoidance.	be so declared to have been invalid.
Ibid.

Expenses of Re- 72. ALL reasonable expenses of and incident to any election

turning Officers, eto.

incurred by the Returning Officer and approved by the Board shall

See Divisional

be repaid to him by the Board, and the Board may grant to the

Boards Act, 1387

(Q.), s. 56.

Returning Officer a fee not exceeding Two guineas, and to each deputy

returning officer and poll clerk a fee not exceeding One guinea.

Invalid elections, 73. WHENEVER complaint shall be made to a Resident

bow remedied.	Magistrate by any person who was a. candidate at any election, or by
Roads Act, 1888, s	any six persons entitled to vote at any election, that any election
42.	held within such magistrate's district was invalid, or that any other person ought to be returned as a member of the Board in preference to the person actually returned as elected:—

( .) It shall be lawful for such magistrate to issue a summons summoning- the Returning Officer at such election, and ally person returned at such election, and any other persons, to appear before himself and such other Justices as may then be present, on a clay to be named in such summons.

(2.) On the parties appearing, or, in clefault of their appearance, on its being- shown that such summons was duly served, it shall be lawful for such magistrate, and at least one other Justice resident within such district, to investigate the matter of such complaint ; and if on such investigation it shall appear that such election was invalid, or that any other person ought to have been returned, in preference to the person returned as elected, it shall be lawful for

EDWARDI VII., No. 48.

Roads.

the Court to declare accordingly ; and thereupon, if the Court shall declare the said election to have been invalid, the same shall be deemed to have been null and void, and a fresh election shall be held as upon a vacancy ; and if the Court shall declare that any person ought to have been returned in preference to any other person, the latter person shall at once cease to be a member of the said Board, and the person so declared as aforesaid to have been duly elected shall be deemed, to all intents and purposes, to have been duly elected.

(3.) No such proceedings shall be taken except within three weeks of the day of the election out of which the complaint arises.

(4.) The Court may make such order as to costs as may seem to them right. which may be enforced as an order of a Court of summary jurisdiction.

IN case no election is had of any member or members of the Board upon the day or within the time provided for such	Irregularity in
elections.

74.

election, or if in case of any such election being had, the same is	s. 52.
or afterwards becomes void, an election shall be had as in case of an extraordinary vacancy ; and every act necessary to be clone in order to and for the completing such election shall and may be done, and shall be as valid and effectual for all purposes as if the election had been upon the day or within the time appointed for that purpose.

PART .—PRHCEEDINGS OF THE BOARD.

AT the first meeting- of the Board of a new district, and at the first meeting of every Board after every annual election. the	Election of chair.
man.
Board shall elect one of the members to be chairman.	See Roads Act, 1SSS,
s. 45.

75.

THE chairman shall hold office until the conclusion of the next annual election of members.	Duration of office of
chairman.
Ibid.

76.

77.       THE chairman shall, when present, preside at all meetings Chairman to preside.

of the Board. ma, s. 11.

(t .) IN the absence of the chairman from any meeting, or if after being present he retires, the members present may elect one of

Absence of chairman.

Ibid.

their number to be chairman for that meeting, or for the remainder

of the meeting.

(2.) In the absence of the chairman from the district, or in case of the illness of the chairman, the members present at any meeting may elect one of their number acting chairman during such absence or illness.

78.

2° EDWARDI VII., No. 48.

Roads.

79.      THE chairman may resign his office by writing under his

Resignation of chai r -

man.

hand addressed to the Board, and in such case, or if his office

Ibid., s. 31 (2).

becomes vacated, the Board shall elect another member to be chair-

man in his place.

THE Board may appoint, from time to time, a secretary and such other officers and servants as may be deemed necessary,

80.

Appoint ment and re-

muneration of

-officers.

Ibid., s. 7. and may define their duties; and may assign reasonable remuneration for their services ; and may remove them and appoint others in their stead ; and shall require the secretary and any other officer entrusted with money to give security. or a bond with sureties, or the guarantee of an insurance company, to be approved by the Minister, for the faithful discharge of his duties.

81.      (I .) THE Board shall meet for the transaction of business

Board meetings.

Roads Act,1888, s. 9, at such place and at such times as the Board may from time to time

Amendment Act,

1894, s. 11. -appoint, and at least once in every three months.

The chairman may call a meeting of the Board as often as he shall think proper, by notice in writing under the hand of the chairman or secretary, sent to each member at least seven days before such meeting.

( 2. ) (a-)

(b.) If the chairman shall refuse or neglect to call any meeting after receiving a requisition for that purpose, signed by three members of the Board, such three members may call a meeting of the Board, by serving on each of the other members notice in writing of such meeting at least seven days before the date thereof. Such notice shall be signed by such three members, and shall state the business proposed to be transacted.

82.       ALL powers vested in the Board may be exercised by a

Quorum.

Roads Act Amend- quorum, which shall consist of at least three members, inclusive of ment Act, mss, s. 2. the chairman or member elected to preside in his absence.

EVERY question coming before the Board shall be decided

How questions 83.

decided. by open voting, and by the majority present. Each member, includ- Roads Act, isss,s. 9. ing the chairman, shall have one vote, and in the case of an equality

of votes the chairman shall have a second or casting vote.

NO member shall vote upon or take part in the discussion by himself or his partner, any interest, or in which any person of

Member cannot vote 84.

when interested.	of any matter before the Board in which he has, directly or indirectly,
Roads Act, lass,
s.30.	whom he is an employee has any interest, apart from any interest in

2° EDWARDI VII., No. 48.

Roads.

common with the public, and any member who knowingly offends against this section shall be liable to a penalty not exceeding Fifty pounds for every such offence.

85. ANY meeting of the Board may be adjourned, and if a

quorum is not present within half-an-hour of the time appointed for

of meetings.As to adjournment

any meeting the members, or member if there is only one present,

Divisional Boards

or the secretary if no member is present, may adjourn such meeting

Act, 1887 (Q.), 8.127.

to another clay, and notice of such adjourned meeting shall be given

to each member.

86. ANY resolution of the Board may be revoked or altered

As to revocation or

at a subsequent meeting, either by the unanimous vote of all

alteration of resolu-

the members, or by a vote of the majority of the Board, subject

tions.

in such last-mentioned case to the condition that, seven days at least

Ibid., s. 128.

before such subsequent meeting, notice thereof, and of the proposal

to alter or revoke such resolution, shall be given to each member.

87. TI-TB Board may, from time to time

Board may appoint

(1.) Appoint committees, either for general or special pur- committee.

poses; Ibid., s. 131.

(2.) Delegate to a committee power to do any specific act or

hold any inquiry.

The Chairman of the Board shall, by virtue of his office, be a member of every committee, and if present at any meeting shall preside. Every committee shall report to the Board.

88. A COMMITTEE may meet at such time and place as it may think fit, and may adjourn any meeting, but no business shall	Meetings of com-
mittee.
be transacted unless three members at least are present.	Ibid., s. 132.
If the chairman of the Board is not present, one of the members present shall be appointed chairman for the meeting. All questions shall be determined by a majority of votes of the members present, and the chairman shall have an original, and in case of an equality of votes, a second or casting vote.

89. NU proceedings of the Board, or of any committee, or of

Proceedings of Board

any person acting as member shall be invalidated in consequence	not to be invalidated
of there being a vacancy in the number of the members at the time of	by vacancy.
such proceedings, or by reason of the discovery after such proceed-	See Roads Act, 1888,
ings that there was some defect in the election or appointment of	s. 51.
any person so acting, or that he was incapable of being a member.

90. MINUTES of proceedings of the Board shall be kept in a Minutes of Boards.

book, in which shall be entered the names of the members attending

See Roads Act, 1888,

a. 10.

each meeting, and the names of the members voting on each

Divisional Boards

Act, 1887 (Q.), s. 133.

2° EDWARDI VII., No. 48.

Roads.

question on which there is a division, and every resolution, orde•,,or other proceeding of the Board ; and the minutes of the proceedings of every meeting shall be read at the next ordinary meeting of the Board, and if found correct shall be signed by the chairman of such meeting.

Minutes to be evi-91. THE minutes of proceedings of the Board kept as above

dente of proceedings. provided, or a certified copy, sealed with the seal of the Board and Ibid., s. 133. signed by the chairman, shall be received in any court of justice, and

for all purposes whatsoever, as evidence of the proceedings appearing by such entry to have been taken, without proof of the meeting to which the same refers having been duly convened or held, or of the. persons attending such meeting having been or being members of the Board, or the signature of the chairman, or the fact of his having been chairman; all of which matters shall be presumed until the contrary is proved.

Minute-book to be92. THE said minute-book shall be kept at the office or usual

open to inspection. place of meeting of the Board, and shall be open to inspection, Ibid., s. 134. without fee, during all office hours, by any member of the Board, or

by any ratepayer of the district.

THE Board shall from time to time provide and maintain a public office within the district, or, if more convenient, with- out the district, for holding meetings, and for the use of its officers, and for transacting public business relating to the district.

Board to provide 93.

office.

THE Board shall hold a general meeting of ratepayers once at least in'every year, and at any time 4)on the requisition of any seven or more ratepayers. Seven days' notice of the time and

General meeting of	94.
ratepayers.

Roads Act 1883 s. 8. , ,

place of every such meeting shall be given by advertisement in a newspaper usually circulating in the district, and by posting the same on the outer door of the office of the Board.

The Chairman of the Board, if present, shall preside at every

such meeting.

PART V.—POWERS AND DUTIES OF BOARDS.

THE Board shall, subject to the provisions of this Act, have the care, control, and management of all roads within the

Control of roads. 95.

See Roads Act,1888,

s. 53. district.

Governor may place 96. SUBJECT to the provisions of the Permanent Reserves

reserves, etc., under

Act, 1899, the Governor may place under the control and manage-

control of Boards.

ment of the Board any public reserve, park, recreation ground,

See Roads Act

Amendment Aet,

common, well, dam, tank, reservoir, building, machine, implement,

1894, s. 6.

or other work or thing in the district, and may at any time alter

or rescind any such order.

EDWARDI VII., No. 48.

Roads.

For the purpose of controlling or managing any park, recreation ground, or reserve, the Board shall have all the powers of a Board of Parks and Reserves appointed under the Parks and Reserves Act, 1895, or any amendment , thereof, together with the powers conferred by this Act.

97. THE Governor may exempt from the jurisdiction of the Board any road or bridge or any public work connected therewith,	Governor may
exempt roads, etc.,
or portion of a district which may be required for roads dr bridges.	Board.from the control of

98.. THE Board may Powers of Board :

(1.) Make, form, alter, level, grade, improve, repair, maintain, light, water, cleanse, and keep in good order and	Generalmanagement
of roads, etc.
See Roads Act, 1858,

condition all roads, bridges, ways, footpaths, cycle	s. 53.
tracks, culverts, drains, watercourses, and other things within the district, and do all such acts and things necessary for or incidental to the proper management thereof ;

Construct, sink, and maintain tanks, wells, dams, and Water supply.

reservoirs, and bore for water for the purpose of	Roads Act Amend-
providing a water supply along any line of road within	ment Act, 1894, s. 8.
the district ;

In and through any lands within the district, make and

(3•) Power to make, etc.,

open such ditches, gutters, tunnels, drains, and water-	drains on private -
courses for the drainage of any road as to the Board	land.
may seem fit, and may scour, cleanse, and. keep open the same, and, for any of the purposes aforesaid, may enter upon any land ; but the Board shall make com- pensation to the owners and occupiers thereof for any damage they may sustain through the exercise of any of the powers conferred by this subsection ;

Drain the waters falling or flowing upon a road into the

(4 ) Drainage from roads.

lands adjacent thereto upon - paying compensation to the owners and occupiers of such lands: Provided that no compensation shall be payable when the drainage follows the natural flow of the water :

Plant and maintain trees and shrubs on any roads or in

(5.) Tree-plan g.

any public places.

(6.) During such time as any road or place or any part thereof shall be under repair or alteration, or during the making,	Temporary closing
for repairs.

altering, or repairing of any bridge or drain Or other necessary work in such road or place, prevent the passing of vehicles and animals by causing such fences or barriers to be placed on or across any such road or place as they may deem proper ; but shall, during the

2° EDWARDI VII., No. 48.

Roads.

time that such fences or barriers shall be continued, cause to be affixed thereon such lights during the night as shall be sufficient to prevent injury or danger to vehicles and passengers, and where needed and practicable provide passable and suitable side tracks: Provided always, that no such fences or barriers shall be erected without the written consent of the Board.

Deposit of road	(7.) For the purpose of repairing any road, cause road metal or material to be placed upon any roadway, clear of the made portion thereof : Provided that no such metal or material shall be placed on any road so as to obstruct any other road, whether public or private, intersecting the same, or the entrance or approach to any private land.
material.

Any difference as to the amount of compensation under sub- sections three and four shall be determined by the award of a Resident Magistrate, with two assessors, one to be appointed by the owner or occupier and the other by the Board.

99.      THE Board shall not expend a sum exceeding One

Expenditure on

bridges and culverts	hundred pounds in making any bridge or culvert, except by the
of Minister.
to be under direction	direction and under the control of the Minister, or an officer
Roads Act, 1888, s.	authorised by the Minister in that behalf.
53.

No road of less 100. NO road shall, without the consent of the Governor, be

width than sixty-six	set out unless the width of such road, to be ascertained by
feet to be laid out.	measuring at right angles to the course of such road from front to front of the boundary line on either side thereof, shall be sixty-six feet at least.

No road to be set 101. (1.) NO road shall be set out within a distance of sixty-six

out within sixty-six	feet of any permanently constructed building without the consent of
feet of building.	the owner thereof, or the order of the Governor, and on payment of
See Roads Act, 1888,
s. 56.	such compensation, if any, as the Governor may award.

( 2 .) The Governor may, if he thinks fit, direct the amount of

compensation to be determined by the award of a Resident Magistrate, with two assessors, one to be appointed by the owner

and the other by the Board.

Resolution to open 102. EVERY resolution of the Board to open a new road, or

now road to be con- to divert an existing road, shall be subject to confirmation by the

firmed by Governor. Governor.

2° EDWARD! VII., No. 48.

Roads.

103.      WHENEVER ally land is required for the purposes of Procedure for taking

fins Act, such land may be entered upon, surveyed, and taken under land.

the powers contained in and in accordance with the procedure

prescribed by the Public Works Act, 1902.

of enclosed land, the owner or occupier may, in writing, require inIft7eit..eqoulireleanttpine: 104. (i.) WITHIN one month of the taking of ally portion 0

the Board to erect a sufficient fence along the land intended to to be erected.

be taken, on both sides thereof, either at once or at some future	s. 59.
time to be specified by such owner or occupier.

(2.) Thereupon such fencing shall be erected according to such requisition, or if the land enclosed is held on pastoral lease, the	Fences to be erected
Board may, instead of erecting fencing, erect gates in the fences through which a road is required to pass.
(3.) The expense of making and erecting such fencing or gates shall be borne by the Board.	Expense of making
fences:
(4.) The expense of keeping such fencing or gates in thorough repair shall thereafter be borne by the owner or occupier	Expense of keeping
fences in repair.
of the land on which such fencing or gates are erected.
(5.) In case of default of such owner or occupier, the Board may effect such repairs and recover the expense from such owner	In default of owner,
Board may repair and
or occupier in any Court of competent jurisdiction.	recover costs.
(6.) " Sufficient fence " in this section means any substantial fence reasonably deemed sufficient to resist the trespass of great and	Definition of
.` sufficient fence,"
small stock, including sheep, but not including goats and pigs.

105.       ON the confirmation by the Governor of the resolution of

Notification of now

the Board to open a new road, or to alter the line of an existing	road.
road, the Minister shall cause notification thereof to be published in
See Roads Act, 1888,
the Government Gazette, and thereupon such road, or altered line of	s. 58.
road, shall become a road within the meaning of this Act.

106.	(1.) THE Board may	Board may take
(a.) Enter upon any land within the district, not being land	making.
materials for road-

under cultivation, a garden, yard, vineyard, orchard,

plantation, park, recreation ground, or cemetery, and

s. 56.

See Roads Act, 1888,

whether fenced or unfenced, and take from thence

See Divisional

any timber, earth, stone, sand, gravel, or other

Boards Act, 1887

material that may, in the judgment of the Board, be

(Q.), s.152.

necessary for making or repairing any road or any

bridge, culvert, fence, or gate thereon;

(b.) Deposit and leave on land adjoining any road any

timber, earth, stone, sand, gravel, or other material

that it may be necessary, in the judgment of the

° EDWARDI VII., No. 48.

Roads.

Board, for the persons engaged in making or repairing such road, bridge, culvert, fence, or gate to get rid of.

(2.) The Board shall not disturb or do any damage to any fence upon any such lands, nor enter upon ally such lands when fenced, except through the existing and usual openings in such fence ; but if there is no such opening convenient for the use of the Board, it shall be lawful for the Board, on giving three days' notice in writing• of their intention so to do to the owner or occupier of such lands, to open any such fence; and in such case the Board shall immediately make good such fence or erect a swing gate at such opening, which gate shall be kept closed by the Board; and any person leaving open' such gate shall be liable, on con viction thereof, to a penalty not exceeding Ten pounds.

Compensation,	(g.) The Board shall make compensation to the owner of any private land for any damage which such owner may sustain through the exercise by the Board of the powers conferred by this section, including the value of the material taken, except so far as material is taken for use in the construction or repair of that section of the road which abuts upon the land of such owner
or occupier. -
Arbitration.	(q..) Any difference as to the amount of compensation shall be deter pined by the award of a Resident Magistrate, with two assessors, One to be appointed by the owner or occupier and the other by the Board.

( 5 .) If the Board, in the exercise of the powers hereby

Exeavatim o be

fenced. conferred, cause to be made any pit or hole in any land, the Board shall cause the same to be either filled up, sloped clown, or securely fenced.

Board may close a	107.	.	(1 .) IF	—
road permanently.

Roads:Act," 1888, s. (CO The majority of the ratepayers of a district, in public

meeting assembled, pass a resolution in favour of

the closure of a road; or

(b.) The owner or occupier of any land over or along which any road may pass makes application to the Board in writing to close a road, giving full particulars of the road, with reference to its locality, dimensions, the owners and occupiers on each side thereof, and (to the best of the applicant's information and belief) how it became a road, whether by resumption, dedication, or otherwise ; and

2° EDWARDI VII., No. 4

Roads.

(c.) The Board assent to such resolution or application,

the Board, after giving public notice thereof, shall request the

Minister to obtain the Governor's confirmation of such assent.

(2.)	The Governor may confirm or overrule such assent.
(3.)	On the confirmation by the Governor of such assent,

the soil in such road shall again form part of the location or other holding from which it was originally taken, and in the event of the land comprised in such road not having been alienated from the Crown, it shall remain in and be at the disposal of the Crown.

(4.) Public notice of such confirmation of any such resolution

or application shall be given by the Board.

(5.) In the case of an application, the public notices required

by this section shall be given at the applicant's cost.

108.       THE Board may close any track or way, not being a road,

Board may close a

which may have been in use by the public over any lands within the

track, not being a

district, and thereupon all public right of way over any such track

road.

or way shall cease and determine : Provided that-

See Roads Act, 1888,

s. 69.

m.) No such track or way shall be closed until notice of the

intention to close the same shall have been published in

the Government Gazette, and in a newspaper usually

circulating in the district, three times at intervals of not

less than one week between each publication.

After one month from the date of the last publication of

(2.) The notice shall state

(a.) The amount proposed to be raised ;

2° EDWARDI VII., No. 48.

Roads.

(b.) The rate of interest ;

(c.) The time at which the money borrowed is to be re-

payable;

(d.) The purpose to which it is to be applied ; and

(e.) That plans and specifications and an estimate of the

cost of the proposed work are open for inspection

at the office of the Board.

(3.) Such plans and specifications and estimate shall, at all times during office hours, be open to the inspection of ratepayers for one month at least from the last publication of the said notice.

162. WITHIN one month from the last publication of such Ratepayers may

notice as aforesaid, any twenty ratepayers whose names are on the	demand a poll.
electoral roll of the district may, by writing under their hands delivered to the chairman or secretary of the Board, demand that the question whether or not such loan be incurred be submitted to a ballot of the ratepayers.

163. ( t.) WHEN any such demand has been made, a poll Proceedings for tak-

shall be taken of the ratepayers whose names are on the electoral

ing poll.

roll of the district, on a clay, not being less than twenty-one clays

after the demand, to be appointed by the chairman.

(2.) Notice of the day appointed shall be exhibited at the office of the Board- and published three times in a newspaper usually circulating in the district.

(3.) On the taking of the poll the provisions contained in Part III. of this Act relating to the taking of the poll at elections of members of a Board shall, as nearly as may be, apply ; but the voting paper shall be in the form of the Eighteenth Schedule, and Eighteenth

each elector shall have one vote. Schedule.

164. UPON such poll being taken, unless a majority of the Unless majority in

ratepayers on the electoral roll for the district vote in favour of the favour of loan, Board

prohibited from bor-

loan being incurred, the Board shall not borrow the money. rowing.

of this Part shall be raised and secured by debentures in the form or Security for loans. 165. ALL moneys borrowed by the Board under the provisions

to the effect of the Nineteenth Schedule.

Nineteenth

Schedule.

166. WHENEVER any money has been borrowed by any

Board under the provisions of this Part, and so long as any such Power to levy special	rate.
money remains unpaid, the Board, from time to time, shall strike a special rate of such an amount, not exceeding One shilling and six- pence in the pound upon the annual value of all ratable property,

2° EDWARDI VII., No. 48.

Roads.

as the Board deems necessary to pay the interest on the money borrowed, and also such percentage of the principal sum as the Board thinks fit, or may have agreed to in the debentures, for the purposes of a sinking fund:

Provided that such sinking fund shall not be less than two pounds per centum per annum, commencing one year after such borrowing.

Provisions of 167. ALL the provisions of this Act with reference to making

Part VI. to apply	or striking the general rate, and levying and recovering the amount
to special rate.	due in respect thereof, and all arrears of the same, shall be equally applicable to any special rate, and the amount due in respect of any such special rate made or struck under this Part.

Property to be fenced 168. (ID WHERE any land abutting upon any road within a

if Board direct.	district to which this Part applies (which road has been macada-
mised, or otherwise made in whole or in part), is not fenced in to the satisfaction of the Board, or the fence is in a state of disrepair, the Board may, from time to time, order that such frontage of such land be fenced or refenced with a substantial 'fence of such description and material as the Board may prescribe.
(2.) The owner of the said land, after service on him or upon the occupier of the land of such order, shall, in such manner and in such time as shall be expressed therein, at his own cost, fence, refence, or repair to the satisfaction of the Board, so much of the said land as shall abut upon ally such road.
(3.) If any owner neglects to observe such order in the manner and time expressed therein, the Board may fence or refence such land, and demand and recover payment of the cost thereof from such owner.
(4.) In default of payment within thirty clays from such demand, the Board may lodge a caveat with the Registrar of Titles against the transfer of such land until payment is made, and may
sue for the amount so expended.

Sub-divisional thin- 169. NO sub-divisional plan of any land within a district to

to be approved by" which this Part applies shall be registered by the Department of Board. Lands, or in the Office of Land Titles and Registry of Deeds,

until such plan has been submitted to and approved by the Board, unless the Minister, on an appeal from the decision of the Board, otherwise directs.

PART VIII.—ACCOUNTS AND AUDIT.

Financial year. 170. (1.) THE financial year of every Board shall end on the

same clay as the Government financial year, that is to say, on the

thirtieth clay of June in every year.

EDWARDI VII., No. 48.

Roads.

(2.) If at any time hereafter the Government financial year

shall end on a clay other than the thirtieth clay of June, the financial

year of every Board shall end on such other day.

(3.) In such case the Governor may, by notice in the Government Gazette, make any necessary consequential change in the dates prescribed by this Act for giving any notice or doing any act or thing.

171. (1.) EVERY Board shall cause books to be provided and Books of account,

kept, and true and regular accounts to be entered therein of all	and inspection by
sums of money received and paid on account of and for the Board,	persons interested. Roads Act, 1885, s.
and of the several purposes for which such sums of money have	102, with additions.
been received and paid ; and the said books shall at all reasonable times be open to the inspection of any member of the Board, ratepayer, or creditor of the Board, and any such person may take copies of or extracts from the said books without payment of any fee.
(2.) The . :Minister may from time to time prescribe the manner and form in which the books and accounts of the Board shall be kept, and the same shall be kept accordingly.

(3.) All books, accounts, and vouchers of the Board shall at

all times be open to the inspection of any person nominated by the

Minister.

(4.) Any person having the custody of the said books who

shall not, on any reasonable demand of any such member, ratepayer, or creditor, or person nominated by the Minister, permit him to inspect the said books, or to take copies or extracts as aforesaid, shall be liable to a penalty not exceeding Five pounds for every such offence.

(5.) All moneys of the Board shall be paid into such bank,

and in such manner as the Board shall from time to time appoint and direct for that purpose, and no sum exceeding Five pounds shall be held in the hands of any member, or any officer, servant, or clerk of the Board, for any period exceeding seven days.

(6.) No such money shall be drawn out of such bank excepting by a cheque signed by the chairman and countersigned by another member of the Board and by the secretary.

(7.) The Minister may remove any member or summarily dismiss any clerk or other officer of the Board who fails or neglects to observe the provisions of this section.

172. EVERY secretary shall, once in every three months, Quarterly financial

prepare and place before the Board a true statement of the financial	s.asinent.	t t
position of the Board, including ordinary revenue and grants, which

2° EDWARDI VII., No. 48.

Roads.

shall be entered on the minutes ; and such statement shall be examined and compared with the vouchers and the minutes signed by the secretary and the chairman.

Money- in hand at	173. ALL moneys in hand on the last clay of the financial year
end of each year to

be paid into bank. shall be paid to the credit of the banking account of the Board, and shall be included in the banker's certificate of the amount standing to the credit of the Board on that clay, which certificate the Board shall obtain and produce to the auditors.

Auditors. 174. THERE shall be two auditors for every district, one to be See Fonds Act,1858, appointed by the Minister and the other to be annually elected by

101.

the ratepayers.

Election of auditor175. THE election shall take place at the same time and in the

by ratepayers. same manner as the annual election of members of the Board, and

the same persons shall be entitled to vote, except that, notwithstand- ing the division of the district into wards, the auditor shall be elected for the whole district, and no one elector shall have more than four votes.

Dar on of office, 176. THE auditors shall be appointed and elected respectively

for the financial year next following their appointment or election, and shall continue in office until the completion of the audit of the accounts for such financial year, and shall be eligible for re-appoint- ment or re-election.

Casual vacancies. 177. ON any vacancy occurring in the office of an auditor elected

by the ratepayers between one election and the next, the Board shall appoint an auditor to fill the vacancy until the next annual election

IF no auditor is elected cr the Board fail to make an

appointment on the occurrence of any such vacancy, the auditor

appointed by the Minister may act alone.

Failure to elect. 178.

179.   ( I.) THE Board shall cause the accounts of the Board to

Annual balance and

audit.	be balanced annually, up to the last day of each financial year ; and,
Ibid., s. 103, altered.	within three months after such balancing, or within such extended time as the Minister may allow, the auditors shall audit the said accounts.

(2.) Notice of the time at which the audit will take place

shall be exhibited at the office of the Board on the seven days next

preceding.

(3.) The Board shall, by their secretary or other proper officer, produce and lay before the auditors the accounts so balanced as aforesaid, with all vouchers in support of the same, and all books, papers, and writings in their custody or power relating thereto.

2° EDWARDI VII., No. 48.

Roads.

(4.) If the accounts are found correct, the auditors shall sign the same in token of their allowance thereof, but if they think there is just cause to disapprove of any part of the said accounts, they may disallow any part of the said accounts so disapproved of, and take such steps thereupon as are hereinafter provided.

180. ANY person interested in the said accounts, either as a

creditor of the Board or as a ratepayer, may be present at the audit Pers e present.

r interested s

of the said accounts, by himself or his agent, and may make any may

Ibid., s.10,1.

objection in writing, signed by such person or his agent, to any part

of such accounts.

181. (r.) AN annual statement or 'summary, in the form

prescribed by the Minister, showing the financial position of the statement. Annual financial

Board at the end of every financial year, shall be prepared by the Roads Act, 1888, s.

Board, showing, on the one side, the amount received from every 105.

source of income, and, on the other, the various matters and things

on which the same has been expended ; and

(2.) In the case of any Board that has borrowed any money during the year, or has brought forward any borrowed money -from the preceding year, a statement shall be made, showing-, on the one side, all moneys so received or brought forward, and, on the other, the application of all such moneys as have been expended, and the amount remaining unexpended and to be carried forward ; in the case also of any such Board, a statement shall be made, showing, on the one side, the amount received from any special rate levied in respect of any loan as aforesaid, and, on the other, the application thereof, and also a statement with respect to the sinking fund, showing the amount standing to the credit of the Board.

(3.) Such statements shall be audited by the auditors, and, if found correct, shall be certified as correct under the hand of the auditors. and when so certified shall be published in the Gorern-

went Gazette and in a newspaper usually circulating in the district

within thirty clear days of the completion of such audit.

accounts or statements submitted to them for audit to be erroneous or Duty of auditors. 182. IT shall be the duty of the auditors, if they shall find any

deficient in any particular, unless such error or deficiency be at once ibid.,	s. 106.
made good by the person or persons liable to make it good, instead of signing such account or statement, to publish in the Government
Gazette, and in a newspaper usually circulating in the district, a
statement showing in what respects they have found such accounts or statements erroneous or deficient, and to take the proper steps to have such error or deficiency made good by the person or persons liable to make it good.

2° EDWARD' VII., No. 48.

Roads.

Duty of auditors in	183. (f.) IN auditing the accounts of any Board, the auditors
case of unauthorised

expenditure.	shall disallow any expenditure which is not authorised by or which
Ibid., s. 107.	contravenes any provision of this Act, and shall refer to the minutes of proceedings kept by the Board to ascertain by whom such expenditure was authorised.
(2.) The individual members of the Board who have sanc- tioned any such expenditure as may have been disallowed shall be personally liable, jointly and severally, to make good to the Board the amount or amounts so spent.
(3.) The auditors shall certify to the Board the amount of any such unauthorised expenditure, and the names of the members who are liable to make good the same as aforesaid; and in case the said sums are not made good to such Board to the satisfaction of the auditors within seven days after such certificate is given, the auditors shall, in the name and on behalf of the Board., sue for the same in any Court of competent jurisdiction, and shall, if it appear to such Court that such expenditure was not authorised, or was in contra- vention of any provisions of this Act as aforesaid, be entitled to judgment for the sum or sums so spent by any person or persons sued who may appear to have concurred in, such expenditure ; and the amount so recovered by the auditors in any such action shall be forthwith paid over by them to the Board.

(4.) In any such action as aforesaid. the minutes of proceed-

ings kept by the Board shall be prima fade evidence of any filets

therein stated.

Auditors may take 184. THE auditors may, at the expense of the Board, take

legal advice. legal opinion on any question arising in the course of an audit.

185.      ANY difference between the auditors shall be referred to

Any difference

between andito

s and finally settled by the Minister.

be settled by

Minister.

186.       THE auditors shall be paid, out of the funds of the Board,

Remuneration.

such remuneration as the Board may from time to time recommend

and the Minister approve.

187.      THE Governor may at any time remove any auditor,

Governor may remove

auditor from his	whether appointed or elected, from his office,
office.

Provision for repay- 188. 'III E Board may, in any year, expend a sum not

ment of disburse-	exceeding three per cent. of its ordinary income in payment of
meats of Board or	any disbursements of the Board, or of any member or officer of the
mem

members. b Board in the performance of the duties of his office, although such disbursements may not be otherwise authorised by this Act.

2" EDWARDI VII., No. 48.

Roads.

PART IL—OFFENCES AND MISCELLANEOUS.

189.       ALL acts prohibited and penalised by any Act in force

for the time being relating to corrupt and improper practices at	Electoral elle/lees.
parliamentary elections shall be deemed to be offences with reference to elections under this Act ; and every person committing any such act with reference to an election under this Act shall be liable to the same punishment as if the act had been committed with reference to a parliamentary election.
The acts of all authorised agents of a candidate shall be held to be the acts of their principal, unless proved to have been com- mitted without his knowledge or consent.

190. EVERY person who wilfully obstructs the Board, or any Obstructing Board

member, or any person employed by the Board in the performance

or officers in per-

of any act or thing which they are respectively authorised or required

formance of linty.

See Roads Act, 1888.

to do in the execution of this Act or any by-law made thereunder,

s. 82.

shall be liable to a penalty not exceeding Twenty pounds.

191. EVERY person who- Penalty for obstruct- ing road, etc.

( I.) Wilfully obstructs any road; or

See Roads Act, 1888,

s. 74.

(2.) Having obstructed a. road, refuses to remove the obstruc- tion when required so to do by the Board;

shall be liable to a penalty not exceeding Twenty pounds, together

with the cost incurred by the Board in removing such obstruction.

192. ANY person who shall deface, damage, or injure in any Injury to property of

way any land, work, or property whatsoever owned by, vested in, or	Board.
under the care, control, or management of the Board shall be liable	See Road,: Act, 1888.
to a penalty not exceeding Twenty pounds, and may be ordered by the convicting Justices to pay to the Board, in addition to such penalty, the cost and expense of making good any damage, or replacing any property destroyed: Provided that this provision shall not protect or exempt any such person from the provisions of any law in force relating to injuries to property.

193.      ANY person who neglects to keep in repair any fence

or gate separating the land owned or occupied by such person from repair fence aeedjp oi in-	Neglect kn
ing road.
any road shall be guilty of an offence against this Act.	See ibid.

ANY person leaving open any gate which has been placed across a road with the authority of the Board shall be Leaving open gate.	See ibid.,	s. 71.
guilty of an offence against this Act.

194.

2° EDWARD' VII., No. 48.

Roads.

195.      WHEN by this Act, or by any by-law thereunder, any

Offences.

Roads Act, 1888, s.	act is directed to be done, or forbidden to be done, or where any
83.	authority is given to the Board, or any officer of the Board, to direct any act to be done, or to forbid any act to be done, and such act shall remain undone, or having been forbidden shall be done, in every such case the person making default as to any such direction or prohibition, as the case may be, shall be deemed guilty of an offence against this Act.

196.       EVERY person guilty of an offence against this Act, or

Penalties. of any by-law made thereunder, shall, for every such offence, if no s. 83. See Roads Act, isss, otherpenalty is imposed, be liable to a penalty not exceeding Twenty

pounds.

197.      EVERY penalty imposed by this Act or any by-law

Res, overy of penal-

tie	•	P	thereunder, and ally other moneys made payable therewith, may be
recovered in a summary way before any two Justices of the Peace in
Roads
R	Act

Act, 1858 s, .

108.   Petty Sessions.

(i.) ALL informations and proceedings in respect of six months after the offences thereby respectively charged have been committed, and shall be heard and determined, and the penalties in respect of the same may be enforced, subject to and. in accordance with the provisions of the Justices Act, 1902.

198.

Procedure.	offences against this Act or any by-law shall be commenced within
Ibid., s. 108 (2).

( 2 .) Sections F. G, and 1 of the Second Schedule of the

Interpretation Act, 1898. are incorporated with this Act.

166. A11 penalties recovered for offences against this Act, or

Penalties recovered any by-law thereunder, shall be paid to the Board of the district in

to	be	pa	id	to	Board.
Boar

which the offence was committed.

IN all proceedings in any Court of Petty Sessions or before

Board may be 200.

represented by	any J ustice, the secretary or any other officer of the Board appointed
secretary or other	by the chairman in writing under his hand may represent the Board
officer.	in all respects as if he were the party concerned.

IN any proceedings to be instituted in relation to any land,

Property may be 201.

stated in indictment, propert y, or thing belonging to, vested in, or under the care, control, petty of the Board. etc., to be the pro- Or management of a Board, it shall be sufficient to state generally

the land, property, or thing in respect of which such proceedings shall be instituted to be the property of such Board ; and for the purpose of all legal proceedings all roads, bridges, reserves, and other property and things whatsoever vested in or placed under the care, control, or management of a Board shall be deemed to be the property of the Board.

2° EDWARD' VII., No. 48.

Roads:

202. (i.) Al ,L legal proceedings against a Board or any member, 'officer, or servant of a Board for anything clone, or omitted

Proceedings against

officer; when to be

to be done, in pursuance of this Act, shall be commenced within

commenced.

six calendar months after the happening of the cause of action, and

not otherwise; and

(2.) Notice in writing of any action, and of the cause thereof, shall be given to the defendant one calendar month at least before the oommencement of the action.

203. ALL notices and demands under this Act may be in

writing or in print, or partly in writing and partly in print. Notices.

204. (1.) ANY notice or demand required by this Act to be Notices and de-

given to or made upon any person may be served mands, how served.

(a.) By delivering the same to such person ;

SPeoearD dsivisirZ. n ct4 1887

(b.) By leaving the same at his usual or last-known (Q.), ; 280.

place of abode ;

(c.) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last- known place of abode.

(2.) A notice or demand forwarded by post shall be deemed

When deemed to

to have been given or made and to have been received at the time	have been given.
when, by ordinary course of post, the letter would be delivered.

(3.) When a notice or demand under this Act is required to

When name of owner

be given or made to any owner or occupier whose name or address is	or occupier unknown.
unknown to the Board, it shall not be necessary to name such owner or occupier, and such notice or demandinay be served by placing it on some conspicuous part of the land of such owner or occupier, and by publishing it three times at intervals of not less than a week between
any two publications in the Government Gazette and a newspaper
usually circulating in the district.

(4.) A notice or demand may be served on a corporation, or

Service on corpora-

incorporated company, or the members of a partnership, by being

tion.

delivered, left, or posted in a prepaid letter; the notice or 'demand being addressed in each case to the corporation, company, or partner-

ship at the principal office or place of business thereof in the State.

205. ALL notices and demands duly given to or made upon any owner or occupier shall be binding upon all persons claiming by,

persons claiming

Notices binding on

from, or under such owner or occupier.

under owner or

occupier.

206. EVERY order, summons, notice, or other document Notices may be

requiring authentication by the Board may be sufficiently authenti-	authenticated by
cated without the common seal of the Board, if signed by the	signature of chair-
chairman.	man without seal.

2" EDWARDI VII., No. 48.

• Roads.

207.     ANY summons or notice, or any writ or other proceeding

Service on Board.

requiring to be served upon the Board, may be served upon the

chairman or secretary of the Board.

208.        THE institution of any proceedings, or the conviction of

Saving of civil

any person for any offence against this Act, shall not affect any-

remedy.

remedy which the Board or any person aggrieved may be entitled to

in any civil proceedings.

209.        ANY person appointed under the hand of the chairman

Books of Land Titles of the Board may, for the purposes of this Act, search the publicand other offices may

be searched without registers of the office of Land Titles and Registry of Deeds, or any fee. office of the Department of Lands or of Mines without payment

of any fee.

Evidence of owne 210. IN any legal proceedings under this Act, in addition to (1.) Evidence that the person proceeded against is rated as owner or occupier in respect of any land to any general or special rate for the district within which such land is situated; or

ship. any other method of proof available .—

(2.) Evidence by the certificate in writing of

(a.) The Registrar of Deeds, or his deputy, that any person appears from any memorial of registration of any deed, conveyance, or other instrument, to be the owner of any land ; or .

(b.) Tile Registrar of Titles, or any assistant or deputy registrar, that any person's name appears in any register book kept under the Transfer of Land Act, 1893, as proprietor of any land ; or

(c.) The Under Secretary for Lands or the Under Secretary for Mines, that any person is registered in the Department of Lands or of Mines as the occupier or lessee of land

shall, until the contrary is proved, be evidence that such person is the owner or occupier, as the case may be, of such land.

211. NOTHING in this Act contained shall be deemed in any

Act not to affect

rights of the Crown. way to affect any right as to any land heretofore or hereafter to be alienated by the Crown reserved to His Majesty, his heirs and successors, or to any person or persons acting in that behalf by his

EDWARDI VII., No. 48.

Roads.

or their authority, to do any act or thing by this Act authorised to be done in pursuance and by virtue of the powers of this Act, which, if this Act had not been passed, might lawfully have been done by His Majesty, his heirs and successors, or any persons acting in that behalf by his or their authority, under any such reservation as aforesaid.

In the name and on behalf of the King I hereby assent

to this Act.

E. A. STONE, Administrator.

2° EDWARDI VII., No. -18.

Roads.

First Schedule.

Section 3.

REPEAL OP ACTS.

Date. Title. ' Extent of Repeal,

52 Vict., No. 16 The Roads Act, 1888 . The whole. 52 Vict., No. 22 The Roads Act, 1888, Amendment Act, 1889 ... The whole. 58 Vict., No. 17 The Roads Act, 1888, Amendment Act, 1894 ... The whole.

Second Schedule.

Section 30.

THE ROADS ACT, 1902.

List of Electors for the [ Road District.

Word] for the year .19 .

[

•

Surname of per-I Other Trade 1 Description I Whether1 Value „ , ; , I

or son supposed names of I Address laud situation of , as owner I a" 'VA ! Number or 1 property is

to be entitled same ' Ocettpa- .' property giving ) 1 of assessed . Votes.

to vote. person. ! sou. : title to vote. , occupier. 1

I I I

(Signed)

Chairman of the Board.

2° EDWARDI VII., No. 48.

Roads.

Third Schedule.

Section 31.

A.

THE ROADS ACT, 1902.

Claim by a person. whose neune has been omitted from any list to lie ,v his (me

inserted thereon.

To the Chairman of the Board of the Road District.

Sir,—I hereby claim to have my name inserted on the electoral list for the Roth District- of in accordance with my qualification, as stated hereunder.

Dated this clay of 19

(Signed)	[Name in fiat.]
Description and

Other Ratable

Trade situation of pro- Whether claim- Number of

Surname of names or • perty in respect ing as owner votes

Claimant. of of

occupation of which claim or occupier. claimed.

Claimant.	is made.	property.
13.

THE ROADS ACT, 1902.

Claim by a person to have the Amount of the Ratable Value of his Property altered.

To the Chairman of the Board of the Road District.

Sir,--1 hereby claim to have the Ratable Value of my property as specified on the Electoral List (or	-Ward Electoral List) altered in accordance
with the following particulars.

Dated this day of 19 .

(Signed) [Name lit flea.]

Description and

Other I Ratable

Trade situation of pro. Whether claim- Number of

Surname of names I Address. value

or perty in respect ing as owner or votes

Claimant. of of

occupation. of which claim occupier. claimed.

Claimant. is made. land.

2° EDWARDI VII., No. 48.

Roads.

Fourth Schedule.

Section 32.

A.

THE ROADS ACT, 1902.

Notice of Objection to Retention of Name on Electoral List.

To the Chairman of the Board of the Road District.

give you notice that I object to the retention of [name of person

objected to] on the Electoral List (or	Ward Electoral List) on the
following grounds :—

[State grounds.]

Dated this day of 19 .

(Signed) [Name in full.]

B.

THE ROADS ACT, 1902.

Notice of Objection to Ratable Value of Lands.

To the Chairman of the Board of the Road District, and to

[the person objected to.]

Sin—I give you notice that I object to the Ratable Value of the Ratable Lands set against [name of person on List] on the Electoral List

(or Ward Electoral List) on the following grounds :—

[State grounds.]

Dated this clay of 19 .

(Signed) [Name in full.]

Fifth Schedule.

Section 42.

ELECTORAL ROLL.

ROADS ACT, 1902.

Electoral Roll for the Road District of (or if the District is

divided into Wards, for the Ward of the Road District

9.f ) for the year ending Jane dOth, 190 .

Description and

Voter's other Whether Occupier of

Number.' Voter's Stumune. Situation of

Names. or Owner. Votes.

Ratable Laud.

(Signed)

Chairman of the Board.

2° EDWARDI VII., No. 48.

Roads.

Sixth Schedule. Section 64.

THE ROADS ACT, 1902.

BALLOT PAPER.

Road District of

Ward.]

COUNTERFOIL. Names of Candidates.

BRADY, SAMUEL

CARTER, WILLIAM

DAVIS, CHARLES

KING, JAMES

SMITH, JOHN

NUMBER OF VOTES [To be inserted by Returning Officer.]

DIRECTIONS.

You must vote for ( ) candidates.

Strike out the names of the candidate(s) for whom you do not vote.

Leave the names of the candidate(s) for whom you vote uncancelled.

Seventh Schedule. Section 64.

THE ROADS ACT, 1902.

COUNTERFOIL. COUNTERFOIL. Road District of

No No Ward Of any).

Name of Name of BALLOT PAPER FOR ABSENT VOTER.

Road Road

District ) District ) Write Name(s) of Cana idate(s) Number of

you wish to vote for. Votes.

Election of Election of

Name I of Name of

Voter Voter

Address	Address
Date	Date

2° EDWARDI VII., No.. 48.

Roads.

Eighth Schedule.

Section 125.

THE ROADS ACT, 1902.

Road District of

RATE BOOR.

Description 1 Amount

Other Names I e iv

Surname of Trade or Name of ! and situation 'Net Annual a7able payable

of person t-ion.

person rated. Occupation. Owner. ■ , of ratable . value. : respect of

rated. , min tetahte.x.:..

property. •

i i

Ninth Schedule.

Section 131.

THE ROADS ACT, 1902.

Road District of

VALUATION BY THE BOARD OF THE UNDERMENTIONED RATABLE LAND.

Amount pay-

Surname of Other names Description and

Trade or Name of Net annual able in respect

person rated, / of person -I Occupation:— Owner. situation of value. of rate ......

rated. ratable property. in the L.

You may appeal to the Board against this valuation within one month after the receipt of this notice (see 'The Roads Act, 1902," section 136).

Dated the clay of - , 19

Chairman of the Board.

Tenth Schedule.

Section 137.

THE ROADS Ac's, 1902.

To the Chairman of the Road Board.

Take notice that I appeal against the valuation in the Rate Book in respect of the undermentioned property, on the grounds stated.

Land Rated :

Grounds of Appeal:

Dated the day of , 190 .

(Signed)

Name

Address

2° EDWARDI VII., • No. 48.

Roads.

Eleventh Schedule.

Section 134.

THE ROADS ACT, 1902.

Road District of

Notice is hereby given that the Board have appointed the day of

, 19 , at o'clock in the noon, at the Office of

the Board at , in the said District, to hear the undermentioned

appeals from the valuation in the Rate Book for the year 19

APPEALS.

Dated the day of 19

Chairman.

Twelfth Schedule.

Section 138.

ROADS ACT, 1902.

Road District of

NOTICE OF APPEAL FROM THE BOARD TO THE LOCAL COURT AGAINST VALUATION.

To the Chairman of the Board and the Clerk of the Local Court, holden

at

Take notice that it is my intention to appeal from the decision of the Board

in the matter of the valuation of the undermentioned land to the Local Court,

holden at on the day of . 190 .

Description of Land.

Grounds of Appeal.

Dated the . day of , 190 .

(Signed)

Name

Address

2° EDWARDI VII., No. 48.

Roads.

Thirteenth Schedule.

Section 145.

THE ROADS ACT, 1902. WARRANT OF DISTRESS.

The Road District of

To and his assistants.

Whereas the several persons whose names appear in the Schedule are liable to pay to the Road Board the amount of rates set opposite their respective names, in respect of the land stated, and demand for payment thereof has been made in accordance with " The Roads Act, 1902," and default has been made in payment. These are therefore to authorise you to make distress of the several goods and chattels in the first place of the persons named in the Schedule, if resident on the land and have any goods and chattels there, and in case of change of occupation, then upon the goods and chattels of auy person who is the occupier in possession of the premises at the time of the execution of this warrant, and if, within five days next after the making of any distress under this

warrant, the several sums so distrained for, including any lawful charges for levy,

inventory, sale, commission, and delivery of goods in each case are not paid, then that you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale you retain the respective sums so due and owing according to the said Schedule, and render to the parties respecting whose goods you have sold, the surplus (if any), and that you certify to me on or before the

day of what you have done by virtue of this warrant.

Schedule.

Amounts payable

Nantes o f Description of Lands rated. for Rates.

C.

Given under my hand this day of , 190 .

Chairman.

Fourteenth Schedule.

SCALE OF FEES ON DISTRESS FOlt RATES,

Section 145.

Warrant (each person)	One shilling.
Levy...	Five shillings.
For man in possession	One shilling an hour for the first three hours, and if longer detained eight shillings a day or part of a day.
For inventory,sales, commission, and delivery -

goods Not exceeding One shilling in the pound on proceeds of sale.

2° EDWARDI VII., No. 48.

Roads.

Fifteenth Schedule.

Section 151.

THE ROADS ACT, 1902.

Notice.

By virtue of the provisions of "The Roads Act, 1902," notice is hereby given to all parties interested therein that the sum of £ has now been due and unpaid for the term of eighteen months in respect of rates made and assessed by

the Board of the District of upon [here describe the land] within the

said District, and payment of the said sum is now required; and the owner of the said property, and all other persons interested therein are hereby warned that in default of payment of the said sum of £ . together with all expenses

caused by the non-payment of the same. on or before the day of

19 , to [the person appointed by the Board to receive the same], a petition will be

presented by the said Board to the Supreme Court, praying the said Court to order the said property, or a competent part thereof, to be sold, pursuant to the pro- visions of the said Act.

Dated this day of , 19

(Signed)

Chairman of the Board of the D ict of

Sixteenth Schedule.	Section 154.
THE ROADS ACT, 1902.

Certificate of Bale.

Whereas, by an order of the Supreme Court, dated the day of

, 19 , it was ordered that [here describe the property ordered to be sold]

should be sold by public auction by me, the undersigned, and the proceeds of such sale be dealt with as in the said order mentioned : Now I, the under- signed, do hereby certify that the said property was put up for sale by public auction on the day of 190 , and that of became the purchaser thereof for the sum of 0€

In witness whereof I have hereto set ay hand this day

of .19 .

(Signed)

Section 158.

Seventeenth Schedule.

Districts to which Part VII. applies. .

The Road Districts of--

Bayswater,	Cottesloe,
Belmont,	Kalgoorlie,
Buckland Hill,	Melville,
Bunbury Suburban,	Peppermint Grove,
Cannington,	West Guildford.
Claremont,

Eighteenth

2° EDWARDI VII., No. 48.

Roads.

Eighteenth Schedule.

Section 163.

VOTING PAPER,

YES.

NO.

Directions.

If you approve of the loan strike out the word "No."

If you disapprove of the loan strike out the word "YES."

Nineteenth Schedule.

Section 165.

THE ROADS ACT, 1902.

No. Debenture £

(Total Issue £ ).

Issued by the [ ] Road Board, Western Australia.

TRANSFERABLE BY DELIVERY.

This Debenture was issued by the Road Board of the Road

District. Western Australia, and is to secure to the bearer the principal sum

of pounds, payable on the dav of 19 .

Interest on such principal sum at the rate of pounds per centum

per annum is payable in the meantime by half-yearly payments on the

day of , and the day of in every year, and a coupon

is annexed for each payment, which entitles the bearer of such coupon thereto.

Such principal sum and interest are payable at . , and are

charged on the revenues of the said Board, and are not otherwise secured.

pounds per centum of the amount of the loan will be invested every

year in accordance with the provisions of the said Act to form a sinking fund.

Dated the day of , 19 .

[SEAL]

(Signed)

Chairman of the Board.

Member of the Board.

Secretary.

By Authority : WM. ALFRED WATSON, Government Printer, Perth.