This Act shall come into operation on the day upon which “The Abolition of Provinces Act, 1875,” comes into operation.

The following words and expressions shall have the meanings hereby assigned to them, except where there is something in the context repugnant thereto, that is to say,—

“The Rating Act, 1876,” “The Regulation of Local Elections Act, 1876,” and “The Public Works Act, 1876,” are hereby incorporated with and shall be read as part of this Act.

Until as hereinafter otherwise provided, there shall be within New Zealand the several counties having the names and boundaries set forth in the First Schedule.

Boroughs shall not be included in counties; and any place becoming a borough shall thereupon cease to form part of the county.

Except this and the preceding sections, no part of this Act shall come into force in the counties specified in the Second Schedule to this Act, except upon a resolution passed by both Houses of the General Assembly. The Governor shall thereafter declare by Proclamation the day upon which this Act shall come into force in such counties.

Any part of a county not included in a road district shall be an outlying district; and the Governor in Council may by Proclamation divide any such part into two or more outlying districts, with such names and boundaries as he thinks fit, and, where this Act is not in force in any county, may from time to time in like manner redivide such part and alter such names and boundaries.

But nothing herein shall prevent the whole or any part of an outlying district being constituted a road district under any law for the time being in force for the constitution of road districts.

The Governor in Council shall, by Proclamation, divide every county into such number of ridings, not exceeding nine, with such names and boundaries as he thinks fit.

There shall be in every county a governing body, consisting of a Chairman and Council, elected as hereinafter provided.

The inhabitants of every county shall be a body corporate, under the name of the Chairman, Councillors, and Inhabitants of the county, and by that name shall have perpetual succession and a common seal, and shall be capable in law, by the Council thereof, to hold real and personal property, and to do and suffer all things which bodies corporate may do and suffer.

The Council may, at any time within three months after its first meeting, determine by resolution that such part of this Act as is mentioned in the Third Schedule shall not come into force in the county; and the Chairman shall forthwith send a copy of such resolution to the Colonial Secretary.

If the Council does not pass such a resolution, the whole of this Act shall be deemed to have come into force in the county.

If the Council determine that the said part of this Act shall not come into force in the county,—

None of the provisions of this Act contained in the several sections mentioned in the Third Schedule shall have force in such county:

The Council shall not thereafter hold any meeting or transact any business except for the purposes in this and the thirtieth, fifty-fourth, fifty-sixth, and sixty-eighth sections mentioned:

The Council may at any time thereafter hold a special meeting for the purpose of determining, and may determine by resolution, that the whole of this Act shall come into force in the county; and the Chairman shall send a copy of such resolution to the Colonial Secretary.

If the Council determines by resolution, passed by a clear majority in number of the whole Council at any such special meeting, as above provided, that the whole of this Act shall come into force within the county, then the whole of this Act shall be in force therein on and after the next day after the passing of such resolution, and such resolution shall not thereafter be altered or rescinded by the Council.

The Governor in Council may, by Proclamation, declare that any part of a county or of two or more counties, not being less than two hundred thousand acres in extent, nor containing less than one hundred county electors, shall constitute a new county, with such name and boundaries as he thinks fit, subject, however, to the following conditions:—

That a petition is presented to the Governor setting forth the boundaries of the proposed new county, signed by not less than three-fifths of the county electors for the districts comprised in the proposed new county, praying the Governor to constitute such new county;

That such petition is publicly notified not less than one month before presentation to the Governor;

A copy of every such Proclamation shall be laid before Parliament within ten days after its next sitting after the issue thereof.

The signatures to any such petition shall be verified by the solemn declaration in the form of the Fourth Schedule, signed by some person or persons residing in the district to which such petition refers; and any person who forges any such petition or any signature thereto, or utters the same knowing it to be forged, or makes any such declaration knowing the same to be false, shall be liable to a penalty not exceeding fifty pounds.

If it is represented to the Governor that any of the signatures to any such petition or declaration are false, or that any of the persons signing were not entitled so to sign, or that the statements in such petition are untrue, or that the provisions of this Act in respect to such petition have not been complied with, the Governor may cause an inquiry to be made, and may adjourn the consideration of such petition till the result of such inquiry is known.

The Governor may appoint one or more Commissioners to make such inquiry, who shall have all the powers in respect to the summoning of witnesses, and their examination upon oath, and to calling for the production of books and papers touching such inquiry, as may be exercised by or under any law for the time being in force by Justices exercising summary jurisdiction.

The Governor shall, in any such Proclamation constituting a new county, divide the same into such number of ridings, not exceeding nine, with such names and boundaries as he thinks fit, and shall fix the number of members to be elected for each riding.

When a part of a county or riding is severed therefrom to be included in a new county, the remaining part of such county or riding shall be deemed to be the same county or riding, and the Corporation of such county to be the same Corporation as before such severance, and the members of the Council of such portion of the county which has not been severed shall continue to be members thereof as though such severance had not been made.

The Governor may, if he think fit, redivide any county from which part has been severed into fresh ridings, and may dissolve the Council thereof, and make provision for the election of a new Council, as hereinafter provided.

So soon as any new county is constituted, the Councils of the new county and of the county or counties of which the new county was theretofore a part, shall agree together and determine as to the following matters:—

What part of the property, real and personal, of the said county or counties shall become the property of the new county.

What part of any rates payable to such county or counties at the date of the constitution of the new county shall be deemed to be rates payable to the new county.

What part of the liabilities and engagements of such county or counties outstanding at such date shall be liabilities and engagements of the new county.

What part of the interest and sinking fund of any loan raised by such county or counties shall be paid by such new county.

And such agreement shall be in writing, and shall be final as between the said counties.

If no such agreement is made within two months after the first election of the Council of the new county, the Commissioners of Audit shall, upon the application of such Council, hold an inquiry, and shall make an award as to the several matters mentioned in the twenty-first section, and their award thereon shall be final.

All property, real or personal, allotted to the new county by any such agreement or award, shall become vested in the Corporation thereof on and after the date of the constitution of such new county.

Nothing in this Act shall in any way affect the rights or interests of any bondholder or other creditor of any county from which a part has been taken to form a new county, or shall relieve the ratepayers for the time being in the area comprised in any such first-mentioned county from their liability to pay any special rate made under the provisions of this Act as a security for any such loan.

The Governor in Council may, by Proclamation, declare any two or more counties to be united and to form one county under such name as he thinks fit, subject however to the following conditions:—

That a petition from each of the counties proposed to be united, signed by not less than one-third of the county electors thereof, is presented to the Governor praying him to unite such counties.

That such petitions are publicly notified in such counties before being presented to the Governor.

That no counter petition signed by not less than one-third of the county electors of any one of such counties is presented to the Governor within two months after the date of such public notification praying him not to assent to the prayer of the first petition.

The provisions of the fifteenth, sixteenth, seventeenth, and eighteenth sections shall apply respectively to any Proclamation issued under or to any of the petitions mentioned in the twenty-fifth section.

The Governor shall, in any such Proclamation uniting two or more counties, divide the new county into such number of ridings, not exceeding nine, with such names and boundaries as he thinks fit, and shall fix the number of members to be elected for each riding.

Upon the union of two or more counties, the Councils of such counties shall be dissolved, and the Governor shall make provision for the election of the first Council of the new county, as hereinafter provided.

When any two or more counties are united,—

All property, real or personal, belonging to either of such counties shall become vested in the Corporation of the new county.

All rates or other moneys payable to the Councils of either of such counties shall become payable to the Council of the new county.

All the liabilities and engagements of either of such counties shall become liabilities and engagements of the new county.

All actions suits and proceedings pending by or against either of such counties may be carried on and prosecuted by or against the Corporation of the new county.

The Governor in Council may by Proclamation alter the boundaries of any counties, and declare that, from and after a day to 15e named in such Proclamation, the new boundaries set forth in such Proclamation shall be the boundaries of such counties, subject however to the condition—

The Governor may, if he thinks fit, in such Proclamation, redivide the counties whose boundaries are altered into fresh ridings, and may dissolve the Councils of such counties, and make provision for the election of new Councils as hereinafter provided.

But unless any such redivision of a county into fresh ridings is made, the members of the Council thereof shall continue to be members of such Council as though the boundaries of such county had not been altered.

When the boundaries of any counties are altered as herein provided,—

All contracts then subsisting in respect of any part of a county which has been severed therefrom and included in another county, shall belong to and may be enforced by and against the latter county; and all rates then due in the said part of a county shall be deemed to be rates due to such latter county.

The Councils of the said counties may agree together to transfer a fair share of the property debts and liabilities of any county which is diminished to any county which is increased in area by such alteration of boundaries; and such agreement shall be in writing, and shall be final as between the said counties.

If the said Councils do not so agree, the Commissioners of Audit shall, upon the application of the Council of either of the counties affected, hold an inquiry, and shall make an award as to matters in the section above mentioned, and their award thereon shall be final.

All property, real or personal, transferred from one county to another by any such agreement or award shall become vested in the Corporation of the latter county on and after the date of the Proclamation by which the boundaries of such counties were altered.

No such alteration of boundaries shall in any way affect the rights or interests of any bondholder or other creditor of any county from which a part is thereby severed, or shall relieve the ratepayers for the time being in such part from their liability to pay any rate made under this Act.

The Council may from time to time, by special order, alter the number of the ridings within the county, and the names and boundaries thereof, and the number names and boundaries of the outlying districts in the county; subject to the condition—

The Council may, if it thinks fit, by special order declare the Road Board of any road district to be dissolved, and such road district to be merged in the county; subject, however, to the following conditions:—

That a petition is presented to the Council signed by not less than one-third of the ratepayers of such road district whose property in respect of which they are rated is situated within the county possessing in the aggregate not less than half the rateable property therein, praying the Council to abolish such district;

That such petition is published in the district not less than one month before presentation;

That no counter petition is presented to the Council within two months thereafter signed by an equal or greater number of ratepayers possessing in the aggregate not less than one-third of the rateable property in the district, praying the Council not to accede to the prayer of the first petition.

And on and after a day named in such special order the said Road Board shall be dissolved, and the said district merged in the county.

The provisions of the sixteenth, seventeenth, and eighteenth sections shall apply to any petition mentioned in the thirty-seventh section; but in such case the inquiry to be made and the Commissioners to be appointed, as provided by the said sections, shall be made and appointed by the Council instead of by the Governor.

When any road district is merged in a county,—

All property, real or personal, belonging to the Road Board shall become vested in the Corporation of the county.

All functions powers rights and duties theretofore vested in or imposed upon the Road Board shall become vested in and imposed upon the County Council.

All rates or other moneys payable to the Road Board shall become due and payable to the County Council.

All actions suits and proceedings pending by or against the Road Board may be carried on and prosecuted by or against the Corporation of the county.

The duties powers and functions of the Chairman and Clerk of the Road Board (if any) shall be exercised by the Chairman and Clerk of the county respectively.

All the liabilities contracts and engagements of the Road Board existing shall become liabilities contracts and engagements of the County Council.

Every person of the full age of twenty-one years whose name appears on the electors’ roll of a riding shall be a county elector so long as such roll is in force.

Every person whose name appears on the valuation roll of any road district in respect of rateable property within a riding, or on the list of electors of an outlying district, or on the list of miners’ rights as hereinafter provided, shall be entitled to be enrolled as a county elector for such riding.

Every county elector shall be entitled to vote at every election of a member of the County Council for the riding in which he is enrolled according to the following scale, that is to say,—

The Clerk shall, on or before the fifteenth day of April in each year, cause a roll to be prepared for each riding in the county, in the form in the Fifth Schedule, containing the names, arranged in the alphabetical order of their surnames, of all the county electors in such riding, and shall enter thereon the number of votes which each elector is entitled to give at an election of a member of the Council.

The Council shall from time to time appoint some fit person or persons who shall, on or before the first day of April in each year, prepare and send to the Clerk a list, in the form in the Sixth Schedule, of all persons in each outlying district in the county who, if such district were included in a road district, would be entitled to be placed on the valuation roll of such road district; and shall assign to each such person the number of votes to which he would be entitled as such ratepayer.

In making the valuations of property for the purpose of determining the number of such votes, the person making the same shall be guided by the provisions of “The Rating Act, 1876,” for the valuation of rateable property.

Any road district for which no valuation roll is prepared or in force shall be deemed to be an outlying district for the purpose of this section.

Every Receiver of Gold Revenue, or other person empowered to issue miners’ rights in any riding, shall, on or before the first day of April in each year, prepare and send to the Clerk in which such riding is a list of all persons, not being aliens, to whom a miner’s right was issued by him during the year ending on the thirty-first day of December previous.

Where the name of any person appears on the valuation roll of two or more road districts, or on any such roll and the list of electors of an outlying district or the list of miners’ rights, his name shall be entered in one place only on the roll of the riding; but he shall be entitled to as many votes as he would be entitled to at a Road Board election if his several qualifications in such two or more districts were all in one road district.

A copy of the rolls for the several ridings shall be kept at the office of the Council, and a copy of the roll for each riding shall be kept at some place in such riding of which the Council shall cause public notice to be given; and such rolls shall be open to public inspection at all reasonable hours from the twentieth day of April until the fifteenth day of May in each year.

Any person who considers himself aggrieved by his own name or that of any other person being entered on or omitted from the roll of the riding, or by the number of votes allotted to him or to any other person thereon being more or fewer than that to which he or such other person is entitled under this Act, may, on or before the last day of May, apply for relief to the Resident Magistrate’s Court in the riding.

If there is no such Court, or more than one in the riding, the Governor shall appoint the Resident Magistrate’s Court in which such applications shall be heard for each riding.

The Resident Magistrate shall, by public notice, appoint a time and place, on or after the first day of June, at which the said Court will sit to hear all such applications, and may summon the Clerk, or any other person whose evidence may be deemed necessary in the case, to attend at such time and place, and, after making due inquiry, may order the Clerk to enter any name on or erase any name from the roll of the riding which it is proved to the satisfaction of the Court ought to be entered thereon or erased therefrom, or to alter the number of votes set against any name on such roll which it is proved to the satisfaction of the Court ought to be so altered; and the Clerk shall make all such alterations in the roll accordingly, and the Resident Magistrate shall initial every such alteration therein. The Resident Magistrate may adjourn such Court from time to time, but such Court shall not sit after the twentieth day of June.

The said roll so corrected shall be signed by the Clerk of the county, and shall come into force on the first day of July, and shall be the electors’ roll for the riding in force until a fresh roll is made as herein provided.

Any copy of such roll signed by the Clerk of the county shall be evidence that the said roll has been duly made under the provisions of this Act, unless the contrary is proved; and no defect in the title to office of any person making correcting or signing such roll shall invalidate such roll.

For the purposes of the first elections to be held under this Act, and of every election in a county in which the whole of this. Act is not in force, the following persons shall be deemed to be county electors within each riding: —

Every person who is entitled for the time being to vote at a Road Board election in any road district in the riding;

Every person not so entitled who is for the time being entitled to vote at an election of a member of the House of Representatives upon a qualification in any outlying district in the riding.

Any legal holder of a miner’s right which shall have been issued within the electoral district in which the riding or part thereof is included not less than three months prior to the election.

For the purposes of such first elections, or of the first election of the Council of a new county constituted as herein-before provided, or of the elections in any county in which the whole of this Act is not in force, the Governor shall have full power to make all such appointments, and to fix all such times for the doing of anything requiring to be done, and generally to do all things which may be necessary in order to bring this Act into operation in each county or new county.

The Colonial Treasurer may issue and pay, by way of advance out of the Consolidated Fund, all expenses incurred in any such elections and otherwise in bringing this Act into operation in each county, and shall deduct the amount of such advance out of the first moneys payable to the county under the provisions of “The Financial Arrangements Act, 1876.”

The Council shall at its first meeting, and thereafter at the annual meeting to be held on the fourth Wednesday in November in every succeeding year, elect one of its members to be Chairman of the County. But when the whole of this Act is not in force in any county, the Chairman shall be elected at the annual meeting to be held under the sixty-eighth section.

The Chairman shall come into office on his election, and shall hold office until the election of his successor.

The Chairman may resign his office by writing under his hand delivered to the Council or the Clerk of the Council; and in such case, or in case of his death incapacity or ouster from office, his office shall become vacant, and the Clerk shall forthwith call a meeting of the Council, who shall elect a Chairman in his stead.

The Council may, out of the funds of the county, from time to time make such annual or other allowance to the Chairman, so long as he shall continue Chairman, by way of salary, as they think fit.

The Councillors shall be elected by the county electors of each riding of the county.

The Governor in Council shall by Proclamation determine the number of Councillors to be elected by each riding, but so that the Council shall consist of not less than six nor more than nine members, exclusive of the Chairman, and there shall be at least one Councillor for each riding.

The Council may from time to time, by special order, alter the number of the Council and the number of Councillors to be elected by each riding, as it thinks fit; but such special order shall come into force only at a general election of the Council, and at such earlier period and to such extent as may be necessary for preparing any roll or otherwise providing for such election.

Every elector, except as hereinafter provided, shall be qualified to be a Councillor.

The following persons shall be incapable of being or of being elected to be Councillors, that is to say,—

A bankrupt or insolvent who has not obtained his final order of discharge.

Any person attainted of treason, or convicted of felony, perjury, or of any infamous crime.

Any person of unsound mind.

Any person holding any office or place of profit under or in the gift of the Council, or being concerned or participating in any partnership (other than as a shareholder in a company or partnership consisting of more than twenty persons), in any contract with or work to be done for the Council.

If any person wilfully does any act as Councillor, being so incapacitated, except for unsoundness of mind, he shall be liable to a penalty not exceeding fifty pounds for every such offence, to be recovered by any person, with costs of suit, in any Court of competent jurisdiction.

But any act done by a person so incapacitated before the recovery of the penalty shall be as valid as though he had not been under such incapacity.

The first general election of the Council shall be held on a day to be appointed by the Governor, and the second general election on the second Wednesday in November, in the year one thousand eight hundred and seventy-eight, and every subsequent general election on the same day in each third year thereafter.

Every Councillor shall come into office on the day of his election, and shall cease to hold office on the day his successor comes into office.

The first Council elected in any new county shall hold office until the then next general election of the Council as above provided.

If any person is elected to be a Councillor for two or more ridings, he shall at the first meeting of the Council thereafter elect, or in default thereof the Council shall elect, for which of such ridings he shall serve; and there shall be deemed to be an extraordinary vacancy in the office of Councillor for any other riding for which he was elected.

Any Councillor may resign his office by writing under his hand to the Chairman or the Clerk; and in such case, or in case of his death incapacity or ouster from office, or if he absents himself without leave of the Council from four consecutive ordinary meetings thereof, his office shall be vacant, and such vacancy shall be deemed to be an extraordinary vacancy.

The Council shall hold an annual meeting at noon on the fourth Wednesday in November, at the office of the Council, and shall hold ordinary meetings for the transaction of general business at such stated times as the Council from time to time appoints.

In any county in which the whole of this Act is not in force, the Council shall hold a meeting on or before the thirty-first day of March in each year, and shall determine by resolution, as provided by “The Financial Arrangements Act, 1876,” the proportion in which the moneys payable to the county under the said Act shall be divided among the road districts and outlying districts comprised therein; and in the case of outlying districts, shall direct on what works the money shall be expended, and under whose superintendence the works shall be carried on.

The Chairman or the Clerk shall give notice in writing to each of the Councillors of the time appointed from time to time for ordinary meetings, and the Councillors shall attend such meetings without further notice of each meeting.

The Chairman shall, when present, preside at all meetings of the Council, and in his absence the Councillors shall elect some member present to be chairman of the meeting.

Every question coming before the Council shall be decided by open voting, and by the majority present, and in case of an equality of votes the Chairman, or Councillor acting as chairman, shall have a second or casting vote.

All powers vested in the Council may be exercised by a quorum, which shall consist of half the whole number of Councillors when that number is even, and of a majority when such number is odd; and no business shall be transacted at any meeting unless a quorum is present.

No Councillor shall vote upon or take any part in the discussion of any matter before the Council in which he has directly or indirectly, by himself or his partners, any interest apart from any interest in common with the public; and any Councillor who knowingly offends against this section shall be liable to a penalty not exceeding fifty pounds for every such offence; and on being convicted thereof his seat in the Council shall become vacant.

Any meeting of the Council may be adjourned; and if a quorum is not present within half an hour of the time appointed for any meeting, the Councillors, or Councillor if there is only one present, or the Clerk if no Councillor is present, may adjourn such meeting to another day not later than seven days thereafter. And notice of such adjourned meeting shall be given to each Councillor.

The ordinary meetings of the Council shall be held for transacting the ordinary business of the Council, for appointing and removing the officers of the Council and superintending their conduct, and for inquiring into the conduct of contractors or other persons employed to execute works, and into the state and progress of such works, and for ordering the expenditure of the Council, and generally for doing all things necessary to carry this Act into effect.

Meetings of the Council shall be open to the public; but the Council may exclude strangers or any stranger on account of disorderly conduct.

No extraordinary business shall be transacted at any ordinary meeting, unless due notice thereof has been given at a prior meeting, and notice thereof in writing sent to each Councillor; and the Chairman shall determine what business shall be deemed to be extraordinary within the meaning of this section.

Any resolution of a meeting of the Council may be revoked or altered at a subsequent meeting, either by a unanimous vote of all the Councillors, or subject to the condition that, seven days at least before such subsequent meeting, notice thereof and of the proposal to revoke or alter such resolution shall be given to each Councillor by a vote of the majority of the Council.

The Council may at any time hold a special meeting, to be called either upon a resolution of the Council or upon a requisition in writing, delivered to the Clerk, and signed by the Chairman or by any three Councillors, and specifying the day for which such special meeting is to be called.

The power hereby given to do anything by “special order” shall only be exercised as follows:—

The resolution to do such thing shall be adopted at a special meeting.

Such resolution shall be confirmed at a subsequent meeting held not sooner than four weeks thereafter.

Public notice of such subsequent meeting and of such resolution shall be given once in each of the said four weeks, and a notice of such meeting sent to each Councillor.

Every notice of a meeting shall be in writing under the hand of the Clerk, and shall be sent to each Councillor seven clear days at the least before such meeting; and in the case of extraordinary business to be brought before an ordinary meeting, or of a special meeting, or of the proposal to alter or revoke a resolution, the notice shall set forth the business to be brought before the meeting.

The Council may from time to time appoint committees for the regulation and management of or for inquiring into and reporting upon such matters as it thinks fit, and may fix and alter the quorum, and appoint and remove the chairman of any such committee; and may discharge the same.

Every such committee may meet at such times and places as it thinks fit, and may adjourn any meeting, and in the absence of the Chairman may appoint some member present to be Chairman of any meeting; but no business shall be transacted at any meeting unless a quorum be present; and all questions shall be determined by a majority of votes of the members present, and in case of an equality of votes the Chairman shall have an original and also a second or casting vote.

No proceeding of the Council, or of any committee, or of any person acting as Councillor, shall be invalidated in consequence of there being a vacancy in the number of Councillors at the time of such proceeding, or by reason of the discovery, after such proceeding, that there was some defect in the election or appointment of any person so acting, or that he was incapable of being a Councillor.

The Council may from time to time provide and maintain public offices within the county, or, if more convenient, without the county, for holding meetings and for the use of its officers, and for transacting public business relating to the county; and may purchase or rent land or buildings for such purpose, or may cause new buildings to be erected on any land belonging to or hired by the Council.

The Clerk or some other person appointed by the Council shall attend at the offices of the Council during office hours for the purpose of receiving notices and transacting the ordinary business of the Council; and public notice shall be given in the county of the situation of the offices of the Council, and the office-hours thereat.

The Clerk shall keep the minutes of the proceedings of the Council in a book, in which he shall enter, subject to the direction of the Council, the names of the Councillors attending each meeting, and the names of the Councillors voting on each question on which there is a division, and every resolution, order, or other proceeding of the Council, and of every committee when reported to the Council; and the minutes and proceedings of every meeting shall be read at the next meeting succeeding, and, if approved by the Council, or when amended as directed by the Council, shall be signed by the Chairman of such succeeding meeting.

The minutes of proceedings of the Council kept as above provided shall be received as evidence of such proceedings, and the validity of all such proceedings shall be presumed unless the contrary is proved.

The said minute-book shall be kept in the office of the Council, and shall be open to inspection, without fee, during all office hours, by any of the Councillors or by any creditor of the Corporation, or by any county elector.

Any summons or notice, or any writ or other proceeding at law or in equity requiring to be served upon the Council, may be served by the same being left at their office, or by being given personally to the Chairman or Clerk.

Every order summons notice or other such document requiring authentication by the Council shall be sufficiently authenticated if signed by two members thereof, or by the Chairman and Clerk; and it need not be under the common seal of the body corporate, and the same may be in writing or in print, or partly in writing and partly in print.

If any person against whom the Council has any claim or demand shall take the benefit of any Act for the liquidation of the estates of debtors, or relating to bankruptcy or insolvency, or be brought under the operation of any such Act, the Clerk or Treasurer of the Council, in all proceedings against such person or against his estate, or against such person in respect of any act matter or thing arising under any such Act or in relation thereto, may represent the Council and act in their behalf in all respects as if such claim or demand had been the claim or demand of such Clerk or Treasurer, and not of the Council.

In all proceedings in any Resident Magistrate’s Court or Court of Petty Sessions or before any Justice under this Act, in which the Council shall be concerned, the Clerk, or any person to be from time to time appointed by the Council for the purpose, may represent the Council and act in their behalf in all respects as though such Clerk or person and not the Council had been the party concerned.

The Clerk or Treasurer shall be reimbursed out of the County Fund all damages costs charges and expenses to which he shall be put or with which he may become chargeable by reason of anything contained in either of the two last preceding sections.

Upon prima facie proof by affidavit or otherwise that the Chairman or any Councillor is or has become incapable under the provisions of this Act of holding his office, the Resident Magistrate’s Court of the Resident Magistrate’s district within which is the place where the Council usually holds its meetings may grant a summons, calling upon the person holding such office, on a day and time to be stated in the summons, to show cause why he should not be adjudged to be ousted of the same.

If upon the return of such summons it appears to the Court, upon affidavit or oral evidence upon oath, that such person is incapable under the provisions of this Act of holding the said office, the Court may adjudge such person to be ousted of the same, and such person shall be ousted of such office accordingly.

In any such proceeding, the Resident Magistrate’s Court may exercise all the powers which such Court may exercise in its ordinary jurisdiction in civil cases.

Any affidavit used or made in any proceeding under this Part of this Act may be sworn before any person authorized to take affidavits in the Supreme Court.

No question which may be tried under the provisions of this Part of this Act shall be tried in the Supreme Court; and no proceedings in the Resident Magistrate’s Court hereunder shall be removable into the Supreme Court by certiorari or otherwise.

The Council may from time to time appoint and employ a Treasurer, Clerk, Surveyor, Valuers, Collectors, and all such other officers to assist in the execution of this Act as they shall think proper and necessary, and from time to time remove any of such officers, and appoint others in the room of such as shall be so removed, or as may die resign or discontinue their offices, and may out of the County Fund pay such salaries and allowances to the said officers respectively as the Council shall think reasonable.

No member of the Council shall be capable of being or continuing Clerk or Treasurer or any other such officer of the district as in the last preceding section mentioned, except he consent to act without salary.

One person may hold two or more of any of the offices hereinbefore mentioned.

The County Fund shall consist of the moneys following, that is to say,—

Rates made and levied as provided by this Act or any Act incorporated therewith;

Tolls levied on county roads bridges and ferries, and all rents of such tolls;

Moneys received by the Council under any grant or appropriation by or under or in pursuance of any Act of the General Assembly of New Zealand;

All moneys payable to the county under the provisions of “The Financial Arrangements Act, 1876.”

All rents and profits from property vested in the body corporate.

All fees fines and penalties recovered under the provisions of this Act, or any by-law made thereunder, or of the Acts incorporated therewith, for any offences committed within the county.

Moneys received by way of loan, as provided in this Act.

Moneys received by way of subscription or voluntary donation; and

All other moneys which may become the property of the body corporate of the county.

All such moneys shall be carried to an account to be called “The County Fund Account.”

Such fund shall be applied by the Council towards the payment of all expenses incurred in carrying this Act into execution, and in doing and performing all acts and things which the Council are or shall be by this or any other Act empowered or required to do or perform.

The Clerk or other proper officer of the Court in which any fines or penalties under the provisions of this Act, or any by-law made thereunder, or of any Act incorporated with this Act, are recovered shall, within ten days after the receipt thereof, pay the same over to the County Fund of the county within which the offence or breach for which such fines or penalties are imposed has been committed.

All moneys of the body corporate amounting to ten pounds and upwards shall, within ten days after they shall have come to the hands of the proper officer of the Council, be paid into such bank as the Council shall from time to time have appointed for that purpose, to an account to be called “The County Fund Account.”

No such money shall be drawn out of such bank save by cheques signed by the Treasurer of the Council, and countersigned by two Councillors from time to time appointed by the Council for that purpose.

All moneys by this or any other Act payable to the County Fund of any county in which the whole of this Act is not in force, shall be paid into the Public Account to the credit of a separate account for the county, instead of into the County Fund, and shall be disposed of as provided by “The Financial Arrangements Act, 1876.”

The Council of every county may from time to time, as it thinks fit, make and levy general rates on all rateable property within the county, whether in road districts or in outlying districts, for carrying into effect the general purposes of this Act; but the total amount of such rates made for any one year shall not exceed one shilling in the pound on the rateable value.

Before making any such rate, the Council shall cause an estimate to be prepared of the proposed expenditure of the Council during the period for which the rate is to be made, showing any sums already available for such purpose, the additional sum required, the total rateable value of rateable property on the valuation roll, and the rate thereon necessary to raise the money required; and such estimate, being approved by the Council, shall be publicly notified in the county at least fourteen days before making the proposed rate.

Where it appears to the Council that any work which the Council are by this Act authorized to execute is for the special benefit of any particular portion of the county, the Council may, for defraying the expenses incurred in executing such work, by special order distinctly defining such portion, make and levy a separate rate; but the total amount of all such separate rates made for any one year in any part of the county shall not exceed one shilling in the pound.

No such special order shall be made unless a petition shall be presented to the Council praying that a separate rate may be made and levied, signed by one-half of the ratepayers and voters in such portion of the county liable to be rated to such separate rate.

The Council shall apply the moneys collected and received from any such portion of the county respectively by virtue of any such separate rate or rates towards the expense of such works as herein mentioned, or towards recouping themselves the expense of any such works which may have been constructed before such separate rate was resolved on.

Where any such works or improvement as aforesaid are of such a nature as to benefit portions of different counties, or any county and a borough or part of a borough, the Councils of such counties or borough respectively may agree that the proceeds of separate rates to be levied as herein provided shall be jointly applied in executing such works or improvements as herein mentioned.

Any such agreement may provide under the supervision of which of the counties or boroughs respectively such works shall be carried out.

For the purpose of providing the interest and sinking fund upon any loan raised by the county, the Council may, if it think fit, by special order, make and levy special rates.

Every special rate shall be an annually recurring rate, and shall be payable at such interval as such special order directs; and shall be levied year by year, without further proceeding by the Council, until the loan in respect of which such special rate was made is paid off.

The Council may from time to time amend a special rate by increasing or diminishing the same, if necessary, so that the annual produce thereof shall suffice to provide the interest and sinking fund on account of the loan secured thereon.

But no special rate shall be diminished under the powers herein contained, unless the Commissioners of Audit shall previously to any such reduction approve thereof, and such reduction shall only continue for so long a period as such Commisioners shall approve.

No special rate shall be quashed by any proceedings in any Court or otherwise.

Upon the petition of any person praying for a remission of any rates on the ground of extreme poverty arising from accident or continued illness or other cause beyond the control of such person, the Council may, if it thinks fit, upon being satisfied after full inquiry that the allegations in such petition are true, remit the payment of any rates by the petitioner, either wholly or in part, or for such time as the Council thinks fit.

Before any officer intrusted by the Council with the custody or control of moneys by virtue of his office enters thereon, the Council shall take sufficient security from him for the faithful execution thereof.

Every Collector of rates rents or tolls, and every person receiving any moneys belonging to or on account of the body corporate of the county, shall, at such times as the Council directs, pay all moneys so received by him into the Bank to the account of the County Fund.

The Bank shall give receipts for all moneys so paid in; and any such receipts shall be a sufficient discharge to such Collector or other person for the amount named therein.

Every such Collector or other person shall, at such times as the Council directs, give to the Treasurer a list of all moneys collected by him, showing by whom they were paid, and accompanied by the receipt of the Bank for such moneys.

Every Collector shall give to every person paying rates a receipt for the same, in such form as the Council provides.

Forms of receipts shall be supplied to the Collector, numbered with consecutive numbers; and the Collector shall account for the use of all such forms, and shall append to the list mentioned in the last section the number of the receipt which he has given to each person from whom he has received money.

Every Collector shall from time to time, as the Council directs, make a return to the Council of the names of all persons who have neglected or refused to pay any rates due by them.

Every person in whose hands any money is placed for expenditure on behalf of the Council shall render full and faithful accounts of the expenditure of all such moneys, at such times and in such manner and supported by such vouchers as the Council directs, and shall pay over the balance of any such moneys in his hands to any person appointed by the Council to receive the same.

If any moneys belonging to the body corporate appear at any time to be lying in the hands of any person and not to be duly accounted for, such moneys shall be deemed to be a debt due by such person to the Council, and may be recovered by any person authorized by the Council in that behalf, together with full costs of suit, in any Court of competent jurisdiction.

If any person fails to render any accounts hereby required, or to deliver up the vouchers relating thereto in his possession, or to pay forthwith on demand the balance thereof as hereby required, or fails for five days after demand thereof to deliver up to the Council, or to any person authorized by the Council to receive the same, all matters and things in his possession or control belonging to the Council or relating to the execution of this Act, any two Justices may hear and determine the matter in a summary way, and may order such person to render such accounts, or to deliver up such matters or things, or to pay such balance, as hereby required: And if such person neglects or refuses to obey such order, he may be committed to gaol by any Justice for any period not exceeding six months.

No such proceeding against or dealing with any officer as aforesaid shall deprive the Council of any remedy which they might otherwise have against any such officer or against any surety of such officer, or shall exempt any person from any criminal proceedings to which he might otherwise be liable.

The Governor may from time to time appoint any one or more person or persons, as he shall think fit, to be an Auditor or Auditors for any county, and from time to time remove any such person or persons, and on the death, resignation, or removal of any such Auditor or Auditors, may appoint any other person or persons in place of any person or persons so dying, resigning, or being removed.

The Governor may direct that such reasonable salary or remuneration as he thinks fit may be paid to such Auditor or Auditors, and the amount thereof shall be paid out of the Consolidated Fund.

The Treasurer shall keep full and true accounts, in which he shall enter every sum received into and every sum paid out of the County Fund in the order of date of each such receipt and payment.

The accounts of the County Fund shall be kept under the several heads as follow:—

The General Account, which shall be credited with all moneys received which are not hereby required to be carried into any other account, and shah be charged with all the ordinary expenditure of the Council, and with any advances the Council thinks fit to make to the other accounts.

The Separate Accounts, consisting of works for which separate rates or other moneys are provided and appropriated to separate purposes, each of which severally shall be credited with the moneys received, and charged with all payments on account of the work or service for which such separate rates or other funds were made or provided.

The Special Fund Accounts, each of which severally shall be credited with all moneys raised by loan for a special purpose, and charged with the costs and charges of raising such loan, and with the expenditure on account of such purpose.

The Interest Accounts, in which the account of the interest payable on each loan shall be credited with all moneys received on account of special rates (if any), or transferred from the general or any separate account to provide for such interest, and shall be charged with the interest paid on such loan.

The Sinking Fund Accounts, in which an account for each separate loan shall be credited with the sums provided for the repayment of such loan, either by way of sinking fund, comprising the interest and profits on the investments of such sinking fund, or by way of periodical drawings and repayments of debentures, and shall be charged with all moneys invested or paid in repayment of such debentures.

If the balance in any of the said accounts, other than the General Account is at any time insufficient to meet the lawful charges thereon, the Council may transfer such sums as may be necessary from the General Account, to meet the same, and may at any time repay any such advance out of any excess in the receipts over the liabilities of any such account; but it shall not be lawful to make any transfer from any one to any other of the accounts above mentioned, except as in this Act provided.

Within fifteen days after the thirty-first day of March, and the thirtieth day of September, in each year respectively, the Treasurer shall balance all the accounts, and shall prepare and send to the Auditors a balance sheet, being an abstract of receipt and expenditure on each of the accounts above mentioned for the six months ending on each of such days respectively.

The Auditors shall forthwith examine the said half-yearly abstracts, and shall compare them with the Treasurer’s books, and with the Bank pass-books, Bank receipts given to Collectors, vouchers and other documents explaining and supporting the same; and the Auditors shall, within fifteen days after receiving any such half-yearly balance sheet, certify to the same, either wholly or with such exceptions as they think fit, and return it to the Treasurer, who shall forthwith publish the same in the county.

If the Treasurer, or any other person having the custody or control of any of the books or papers which the Auditors are hereby empowered to examine, refuses to produce the same, or in any way obstructs the Auditors in the examination thereof, he shall be liable to a penalty of not more than fifty pounds.

On or before the fifteenth day of April in each year, the Treasurer shall prepare and send to the Auditors a yearly balance sheet, being an abstract of all the transactions in each of the accounts above mentioned during the year ending on the thirty-first day of March previous, together with the statements following:—

A statement of the whole assets and liabilities of the county upon the said thirty-first day of March.

A statement of the public debt of the county, showing the total debt outstanding under the head of each loan raised, and the sinking fund in the Bank or invested to provide for the repayment of each such loan.

A statement of the reserves and other real estate belonging to the county, showing the terms conditions and rents for which any parts thereof are let on lease or otherwise, and the amounts of the rents in arrear in each case.

The Auditors shall certify to the correctness of such yearly balance sheet and statements, either wholly or with such exceptions as they think fit, and shall send the same to the Council on or before the thirtieth day of April, and the Council shall forthwith publish the same in the county, with such exceptions (if any) by the Auditors.

In the month of May in each year the Council shall hold a special meeting for considering such balance sheet and statements, and any report the Auditors may desire to make thereon; and if they think that such balance sheet fails to show fully and truly all the dealings with the county funds, may make such alterations therein, not being contrary to the provisions of this Act, as they think fit, and shall finally settle the same; and the Chairman shall sign the balance sheet so settled, which, when so signed, shall be deemed to be the true accounts of the county for all purposes.

The Treasurer of every county shall, on or before the thirtieth day of June in each year, send to the Colonial Treasurer a copy of the balance sheet as signed by the Chairman for the year ending on the thirty-first day of March previous, together with such other accounts and particulars as the Colonial Treasurer directs; and the Colonial Treasurer shall lay the same before Parliament within ten days after its first sitting after he receives the same.

Upon a petition in that behalf, signed by no less than one-sixth of the ratepayers for the time being of any county, the Governor may appoint a special Auditor to audit the accounts of such county; and such special Auditor shall, for the purpose of such audit, have all the powers which may by any law for the time being in force be exercised by the Commissioners of Audit in respect to the Public Account; and the precept of such special Auditor shall have the same force and effect as the precept of a Commissioner of Audit.

Every such special Auditor shall report to the Governor the result of his inquiry; and the Governor shall lay every such report before Parliament within ten days after its first sitting after he has received the same.

Any Councillor or ratepayer, or the Clerk, or any person holding any security charged upon the property of the county, may inspect the accounts of the Treasurer, and take copies from any part thereof, at all reasonable times; and any person refusing or obstructing such inspection or copying of any account in his custody or control, shall be liable to a penalty not exceeding five pounds for every such offence.

If at any time it is desired to raise money in excess of the amount hereinafter authorized to be borrowed, for the purpose of undertaking some special public work in the county, it shall be lawful for the Council to borrow further sums by way of special loan, subject to the following conditions:—

The Council shall publish in the county once in each week, for four successive weeks, a notice setting forth,—

The particular work proposed to be undertaken.

The sum proposed to be borrowed for such purpose.

Any special rate or tolls, or the rents and profits of any property which it is proposed to pledge as security for such * loan, not being moneys received by way of grant from the General Government, or moneys theretofore pledged as security for any loan or appropriated to any special purpose.

The Chairman shall call a meeting of the ratepayers, to be held within each riding upon a day not more than ten days after the last publication of such notice, to consider the said proposal; and every such notice shall be published in a newspaper circulating in the county, and shall specify the time and place in each riding at which meetings are to be held.

The Chairman shall appoint one of the members of the Council elected for the riding to preside at each meeting, if such member shall be willing to act; and if no such member is willing to act, or becomes incapacitated from acting for any cause, then such person as the Chairman thinks fit.

The member or person so appointed shall be called the “Presiding Officer,” and he shall be chairman of the meeting to be held in the riding for which he has been appointed, and shall act as such at the taking of any poll as hereafter provided.

After due consideration and discussion of the proposal, the Presiding Officer may give notice that a poll will be taken.

The poll shall be taken as follows:—

The Chairman shall publish a notice setting forth the day, not less than one nor more than three weeks from the day of the said meeting, on which the poll will be taken.

The Chairman shall give notice in writing to the Presiding Officer, requiring him to take the poll upon the day appointed.

The Presiding Officer shall, upon the day so appointed, proceed to take the poll in the manner provided by “The Regulation of Local Elections Act, 1876,” for taking a poll at any election, and shall provide voting papers and all things necessary for taking the poll.

The voting papers shall be printed in the form in the Seventh Schedule, setting forth the notice mentioned in the one hundred and fortieth section, with the declaration in such form set forth, and the words, “I vote for the above proposal,” or, “I vote against the above proposal,” legibly printed at the foot of each voting paper.

The voter shall erase one or other of the said lines, and his vote shall be deemed to be given according to the one of the said lines which he leaves unerased.

All the provisions of “The Regulation of Local Elections Act, 1876,” as regards taking a poll, shall, so far as they are applicable, and except as by this section otherwise provided, apply to the taking a poll on the proposal to raise a special loan.

If the number of votes given for the proposal within the several ridings taken together exceeds the number given against it by one-fifth or more than one-fifth of the latter, the resolution in favour of the proposal shall be deemed to be carried, and the Council may proceed with the proposal accordingly; but if there is not such a majority in favour of the proposal, the resolution shall be deemed to be rejected, and the Council shall not so proceed.

As soon as conveniently may be after the result of the poll has been ascertained, the Chairman shall give public notice of the number of votes recorded for and against the proposal as above provided, and shall declare the resolution to be carried or rejected as the case may be.

When any such resolution is carried, the Chairman shall send a notice thereof to the Colonial Secretary, who shall publish the same in the Gazette, and such notice so gazetted shall be evidence that the raising of the loan to which it refers has been duly authorized under the provisions of this Act.

If the Council of any county desires to raise special loans for any two or more special public works for which special loans may be raised under this Act, the Council may raise the whole sum required for such purposes by one special loan, but shall, before raising the same, divide the sum to be raised, and appropriate such part thereof as it thinks fit to each of the purposes for which the loan is to be raised.

The Councils of any two or more counties may unite to raise one joint special loan, in order to provide the sums required by each for any works for which a special loan may be raised under this Act; but the proposal to raise such loan must be carried by a poll, in the manner herein provided, by the voters of each such county severally; and the county funds of each county pledged as a secuity for such loan shall be jointly and severally liable for the whole loan.

Every debenture issued under this Act shall be in the form in the Eighth Schedule, or to the effect thereof, and shall be numbered consecutively, so that no two debentures shall at any time bear the same number, and shall be for a sum of not less than twenty nor more than one thousand pounds.

Every debenture shall be repayable, both as to principal and interest, at a place within or without the colony named in the debenture, and at a time named therein, not longer than fifty years from the issue thereof; and shall state on the face thereof the funds upon which the principal and interest are secured.

The interest on every debenture shall not exceed seven per centum on the amount thereof, and shall be payable half-yearly or otherwise; and separate coupons for each sum so payable, in the form in the Ninth Schedule, or to the effect thereof, and numbered consecutively for each debenture, shall be attached thereto; and no such debenture shall be sold at such a price as to produce to the purchaser an interest of more than seven per centum on the price paid.

Debentures and coupons respectively shall be transferable by delivery; and payment to any person in possession of any such debenture or coupon of the sum named therein, shall discharge the Corporation of all liability in respect of such debenture or coupon.

No stamp duty shall be payable in respect of any such debenture or coupon.

The Council or united Councils may appoint any joint stock company, or any such company and one or more persons, or two or more persons, within or without the colony, to be Agents for raising and managing any loan authorized to be raised under this Act, and such Agents shall have full power to raise such loans by bonds debentures or otherwise in such manner, at such times, in such parts, and upon such terms and conditions as such Council or united Councils shall direct; and to give and grant any necessary discharge or acquittance for the moneys raised under any such loan, or otherwise to dispose of moneys as such Council or united Councils shall prescribe.

All such bonds or debentures shall be signed by the Chairman and countersigned by the Treasurer, or shall be signed by the agents, if any, for raising the loan.

Pending the raising of any such loan, such Agents may borrow any sum or sums of money, not exceeding the whole amount authorized to be borrowed, by the hypothecation or mortgage of any debentures hereby authorized to be issued; but all moneys so borrowed shall be a first charge upon and shall be repaid out of the loan when raised, and the rate of interest on moneys so borrowed shall in no case exceed seven per centum.

The Council may, in anticipation of its current revenue, from time to time borrow moneys from the Bank by way of overdraft; but the amount of such overdraft shall never at any time exceed the total amount of the receipts of the County Fund during the year ending on the thirty-first day of March previous, not including any moneys received by way of grant from the General Government, or any moneys borrowed, or any moneys received for separate rates.

If the Council of any county at any time hereafter borrows any money or issues any debentures on the credit of the county in excess of or otherwise than in accordance with the provisions of this Act in that behalf, all moneys so illegally borrowed shall be deemed to be a debt jointly and severally due to the county from each and all of the members of the Council who consented to such illegal borrowing, and may be recovered from such members or any of them in any Court of competent jurisdiction, and may be sued for by any ratepayer on behalf of the county.

No claim of any holder of debentures secured on the county funds, or of any creditor of any Council, shall attach to or be paid out of the public revenues of New Zealand or by the General Government thereof.

Before raising any loan, the Council may make provision for the repayment thereof, either—

By making, with or without a sinking fund, the whole loan repayable at a stated period, or any parts thereof at stated periods; or,

By making any debentures of such loan repayable by periodical drawings.

In order to provide funds for the creation of a sinking fund, or for the repayment of debentures coming due by periodical drawings, the Council may permanently appropriate any part of the county funds, except moneys received by way of grant from the General Government, or moneys theretofore pledged as security for any loan, or appropriated for any special purpose.

The Council shall appoint, and may from time to time remove and reappoint, Commissioners within or out of the colony, to whom they shall pay all moneys so appropriated as a sinking fund or for the repayment of debentures as above provided; and such Commissioners shall dispose of such moneys,—

In the case of a sinking fund, by investing the same, together with all interest and profits accruing therefrom, in such securities as the Council from time to time directs;

In the case of periodical drawing, by paying all debentures coming due, according to the conditions on which the loan is raised.

Such Commissioners shall send to the Council, at such times as the Council directs, accounts of all moneys and all securities in their hands, and shall, immediately after the thirty-first day of March in each year, send to the Council a balance-sheet showing all transactions in respect of such moneys or securities during the year ending on such day. Such Commissioners shall together with such balance-sheet send to the Council a certificate, under the hand of one of the Commissioners of Audit or such person as they may appoint for the purpose, of all the securities held by the Commissioners.

The Commissioners to be appointed under the one hundred and sixtieth section may be interpreted to mean the Public Trustee, or may include any joint stock company within or out of the colony as one of such Commissioners.

When the principal money of any loan becomes payable, the accumulated sinking fund provided for repaying the same shall be applied in the payment thereof.

When the principal money of any loan becomes payable, except where the debentures of such loan are paid by periodical drawings as above provided, it shall be lawful for the Council to reborrow moneys under the provisions of this Act, for the purpose of paying so much of the said principal moneys as is not provided for by any accumulated sinking fund held by the said trustees or trustee for the payment thereof.

If the sum secured by any debenture or any coupon issued under this Act is not paid upon presentation of such debenture or coupon respectively at the place where and the time when the same is payable, or at such place and at any time thereafter, the holder thereof may apply to a Judge of the Supreme Court, by petition in a summary way, for relief under this Act; and the Judge may, if satisfied of the truth of the matters alleged in such petition, appoint a Receiver of such part of the County Fund as is liable under the provisions of this Act for the payment of such debenture or coupon.

Such part of the County Fund as is liable under the provisions of this Act for the principal and interest of the loan secured by any such debenture or coupon respectively, and as is specified in the order of the Judge in that behalf, and all securities held by the Council as accumulated sinking fund for the repayment of such loan, shall from the date of the said order vest in the Receiver, and shall cease to be vested in the Council.

All powers for the recovery of rates tolls rents or other moneys of the County Fund shall after the appointment of a Receiver, and in respect to all moneys hereby vested in him, cease to be exercised by the Council and shall be exercised by the Receiver.

The Receiver shall, in respect of any special rates vested in him, have the power given to the Council to amend a special rate, as provided by the one hundred and thirteenth section of this Act; but such power shall be exercised only upon an order made by a Judge of the Supreme Court.

Every Receiver shall, before entering on his office, give such security for the faithful execution thereof as the Judge directs.

All moneys received by the Receiver shall be applied only under the order of a Judge of the Supreme Court, as follows:—

In the payment of the expenses of the application and order.

In the payment of such remuneration to the Receiver, and in such expenses of his office, as the Judge directs.

In the payment of the principal and interest of the loan in respect of which the Receiver is appointed.

The residue, after payment of the above, in payment into the County Fund for the use of the Corporation;

and the Receiver shall account for all such moneys in such manner as the Judge directs.

When all the principal and interest of the loan in respect of which the Receiver was appointed is paid, or at any time by an order of the Judge of the Supreme Court upon the application of the Council, the powers of the Receiver shall cease; and he shall forthwith pay any moneys in his hands into the County Fund.

The sum of money named in any debenture and in any coupon shall, when the same respectively becomes payable, be a debt of the body corporate to the holder of such debenture or coupon for the amount named therein.

The Council may enter into contracts with any persons for the execution of any public works directed or authorized by this Act to be done by the Council, or for furnishing materials, or for any other things necessary for the purposes of this Act.

Every such contract shall be in writing, and, if such contract shall be for the execution of any work, shall specify the work to be done and the materials to be furnished and the price to be paid for the same, and the time or times within which the work is to be completed, and the penalties to be suffered in case of non-performance thereof.

The power hereby granted to the Council to enter into contracts may lawfully be exercised as follows, that is to say,—

All contracts made according to the provisions herein contained, being duly executed by the persons contracting, shall be effectual in law, and shall be binding on the body corporate and all other parties thereto, their successors, heirs, executors or administrators, as the case may be.

In case of default in the execution of any such contract, either by the Council or by any other party thereto, such actions or suits may be maintained thereon and damages and costs recovered by or against the body corporate or the other parties failing in the execution thereof as might have been maintained and recovered had the same contracts been made between private persons only.

The Council may compound with any person for such sum of money or other recompense as it thinks fit, in respect of the breach of any contract, or of any penalty incurred thereunder, or of any debt due to the body corporate, whether before or after any action or suit is brought for or in respect of the same.

The Council of every county may from time to time make alter or repeal by-laws for the good government of the county in the manner and in respect to the several matters hereinafter mentioned.

By-laws shall be made only in the manner and subject to the conditions following:—

They shall be made only by special order:

They shall have the Common Seal of the body corporate affixed thereto:

They shall not come into operation until after a copy under the seal of the body corporate has been sent to the Colonial Secretary.

They shall be published in the county seven clear days before coming into force, and shall come into force upon a day named in such Proclamation.

It shall be lawful for the Governor, at any time within six months after receiving the copy of any by-law, to disallow the same, and, upon such disallowance being gazetted, such by-law shall cease to have any force; but such disallowance shall not affect the validity of anything theretofore done under the by-law so disallowed.

A copy of any by-law, sealed with the Common Seal of the body corporate, shall be received in all Courts as evidence of the same having been duly made as by this Act provided, unless the contrary is proved.

Any by-law may provide a penalty for every breach thereof, of an amount which shall be in the discretion of the Court inflicting the same, and shall in no case exceed five pounds.

Nothing in this Part of this Act, or in any by-law made thereunder, shall be deemed to relieve any person from any penalty punishment or action to which he would otherwise be liable in respect of anything done by him in breach of any such by-law.

The Council shall cause printed copies of all by-laws to be kept at the offices of the Council, and to be sold to any ratepayer applying for the same at a reasonable charge.

The Council may make by-laws on the following subjects:—

To repeal any by-law for the time being in force.

To regulate the meetings, proceedings, debates, and general conduct of the business of the Council.

To regulate the duties, duration and conditions of service, and the salaries or other remuneration of officers and servants of the Council.

For any other purposes for which the Council is empowered to make by-laws under this Act.

The County Council shall have the care and management of all county roads within the meaning of “The Public Works Act, 1876.”

With respect to all such county roads, the following provisions shall have effect:—

Every such Council shall, subject to the provisions hereof, have full power to form construct improve repair and maintain all such county roads, and all bridges and ferries therein.

The Governor may from time to time order any county road bridge or ferry to be made maintained or repaired within such period as he may in any such order determine; and if the County Council shall refuse or neglect so to make maintain or repair any such road bridge or ferry, it shall be lawful for the Governor to cause the same to be so made maintained or repaired, and the expenses thereof shall be charged against the body corporate so refusing or neglecting as aforesaid, and may be deducted from any subsidies payable under this or any other Act of the General Assembly to such body corporate. In carrying out this provision, the Governor, and every person authorized by him, shall have all the powers and authorities which under any law are or may be vested in or could be exercised by the County Council.

Any Council may also contract with the Minister for Public Works for the time being for the prosecution or construction of any of the public works herein provided for.

Such agreement may he made in conjunction with one or more Councils or bodies corporate empowered in that behalf; and every such Council or body may agree with the Minister as to the mode and times of repaying the cost of prosecuting or constructing such works, and as to the manner in which the same shall be carried out. The Council and every such body corporate in manner hereinafter provided shall give such security for the repayment thereof with interest as may be agreed upon.

Any agreement to be made or security given under this provision may be made with or taken by the Minister on behalf of Her Majesty the Queen.

All moneys to be expended on any such works, or in repaying any liability incurred in respect thereof, shall be paid out of the County Fund.

The Council shall have full power and authority to erect construct and maintain within the county any public works which, in the opinion of the Council, may be necessary or beneficial to the county, whether such works are to be or have been constructed wholly within the county, or form part of works constructed or to be constructed in one or more counties; and in carrying out or executing any such works, the Council, on behalf of the body corporate, shall have and may exercise all the powers and authorities given to such bodies by “The Public Works Act, 1876:”

Provided that if the Council erects or constructs any quays docks piers or harbour works of any kind, it shall only do so in accordance with and subject to the thirty-third section of “The Marine Act, 1867,” as amended by “The Harbour Works Act, 1874.”

The Council may agree with the Road Board of any road district within the county for the execution by such Road Board of any public work within such district which the Council is empowered to undertake, and may pay to such Road Board out of the County Fund the cost of executing such work, or so much thereof, as may be specified in such agreement, or as it otherwise thinks fit.

The Council may from time to time pay to any or all of the Road Boards within the county such moneys, out of the General Account of the County Fund, as it thinks fit, by way of subsidies to be expended in such works within the road districts as the Road Boards are empowered respectively to undertake.

The Council may from time to time, on such terms and conditions as may appear expedient, appropriate such portion of the County Fund as it thinks fit to erect establish and maintain, or contribute to the cost of the erection establishment or maintenance of, any asylum hospital or other charitable institution, whether maintained in the county or without the limits of the county, for the relief of such poor persons as through age infirmity or accident are unable to help themselves.

The Council may also from time to time appropriate such portions of the county funds as it thinks fit in or towards the relief of such poor persons as aforesaid at their own homes or elsewhere within the county.

The Council may in like manner erect establish and maintain or otherwise aid athenaeums, mechanics’ institutes, museums, and public libraries, not conducted for the purpose of private profit.

The Governor may by Order in Council from time to time vest the control or management of any reserve made for purposes of public recreation in the governing body of the county, or jointly in the governing bodies of a county and borough; and until any such Order in Council shall be so made, the control of all such public reserves shall be vested in the Waste Lands Board of the provincial district in which they are situated.

The Council may let by way of lease for any period not exceeding one year any reserves or lands vested in or the control or management of which is vested in the Council for purposes of public recreation; but so nevertheless that the use and enjoyment thereof by the inhabitants of the county shall not be in anywise curtailed.

The Council may let any other lands or buildings the property of the Council for such period not exceeding twenty-one years upon such conditions and with or without valuation for improvements as it thinks fit.

The Council may make by-laws in respect of public reserves and places of public recreation—

The Council may provide market-places in such places in the county as may be thought necessary, and for such purpose may acquire land and erect thereon all such buildings and provide all such things as are necessary or convenient for holding markets thereon, and may make all convenient approaches thereto.

No market shall be opened nor any market charges become payable in respect thereof until—

The Council may demand and receive tolls and dues from all persons exposing or offering for sale within the marketplace any property of any description whatsoever allowed by the Council to be sold therein, and may let for such term, not exceeding twelve months, as it thinks fit, stalls or standing-places for goods or animals, and may receive stallages and rents for the same. All such moneys are herein called “market charges.”

The Council may devise or let for any period not exceeding twelve months all or any of the market charges which they are hereby empowered to receive.

The Council may from time to time alter the scale of charges; but no such change shall be made during the continuance of a lease thereof without the consent of the lessee.

The Council or the lessee shall cause a list of all the market charges for the time being payable, painted or printed in large and legible characters, to be exposed to view on a board or boards in a conspicuous place in the market; and no market charges shall be payable so long as such list is not so exposed to view.

If any person wilfully destroys or obliterates any part of such list, he shall be liable to a penalty of not more than five pounds.

Market charges shall be paid on demand to any Collector appointed by the Council to receive the same; and any such Collector may recover any market charge as a debt from the person from whom it is due.

If any person neglects or refuses to pay any market charge on demand, the Council may cause such charge to be levied by distress and sale of the property in respect of which such charge is payable, or of any other property in the market belonging to or under the charge of the same person.

Every Collector or other person demanding or taking any greater market charge than that authorized by the Council shall be liable to a penalty not exceeding five pounds.

The Council of every county may provide public weighing machines, either in a market-place or elsewhere, or where no market is established, and may fix charges for the use of the same, which shall be included in the term market charges in this Part of this Act.

Any person may require any vehicle, whether loaded or unloaded, to be weighed at a public weighing machine; and such person, and any buyer or seller of the load of such vehicle, may demand and receive from the person in charge of such machine, at the time of weighing such vehicle, a ticket signed by such person in charge, stating the day on which such vehicle was weighed, and the weight thereof.

If the person in charge of any weighing machine does any of the following things,—

he shall be liable to a penalty not exceeding twenty pounds for every such offence.

If any person in charge of any vehicle, or any buyer or seller thereof, does any of the following things,—

he shall be liable to a penalty not exceeding twenty pounds for every such offence.

The Council may, in the manner before provided, make by-laws in respect of markets—

The Council may, in the manner before provided, make by-laws in respect of pedlers and hawkers—

The Council may provide and maintain public slaughterhouses in such places within the county as it thinks fit, and may purchase or otherwise provide all such land buildings appliances and conveniences as may be required for the slaughtering of animals for the use of the inhabitants of the county, and may by by-laws from time to time fix the charges to be paid to the County Fund by persons using such slaughter-houses, and make regulations under which the same may be used.

The Council may by any by-laws from time to time prohibit the slaughtering of sheep or cattle in such places within the county as it thinks fit, or may grant licenses for slaughter-houses, and may fix the fees to be paid to the County Fund for such licenses, and may regulate the slaughtering of animals therein in such manner as the Council thinks fit.

And the Council shall cause to be deposited in every public or licensed slaughter-house a printed copy of the by-laws affecting the use thereof.

The Council may establish and maintain public pounds within the county, and for that purpose—

May acquire lands for the sites of pounds and of the dwellings of poundkeepers:

May appoint, remove, and re-appoint poundkeepers:

May fix the fees and charges to be paid for animals pounded, and for their keep whilst in the pound.

Every pound erected and poundkeeper appointed under this Act shall be deemed to be respectively a pound and a poundkeeper within the meaning of any law for the time being in force in the county in respect to the pounding of cattle; and all the provisions of any such law shall apply to any such pounds and to the pounding of animals therein; and the fees and charges fixed by the Council as above provided shall be deemed to be the fees and charges payable under any such law.

The Council may make by-laws in respect of pounds—

It shall be lawful for the Council of any county from time to time to contract upon such terms and conditions as they may see fit with the Council of any other county, or with the governing body of any other body corporate or public body empowered in that behalf, for or with respect to the doing and the control or management by either or both of the contracting parties of any of the things hereinbefore provided for, or of any matter or thing which the Council of the county and such other governing body is by law empowered to do control and manage.

Nothing in this Act contained shall authorize the Council to interfere with any public works carried on or executed by the Government of the colony or under the control of such Government, without the consent in writing of the Minister for Public Works as aforesaid; and nothing in this Act shall prejudice or affect any power or authority vested in Her Majesty, or in the Governor, or any other person on behalf of Her Majesty or the Governor, under any Acts of the General Assembly authorizing the erection construction or maintenance of any such public works.

Any person who shall obstruct or attempt to obstruct the Council, or any person employed by them, in the performance of anything which they are respectively empowered or required to do by this Act or any other Act, shall upon conviction forfeit and pay for every such offence a penalty not exceeding ten pounds.

Whenever any day provided or appointed by or under this Act for any purpose shall in any year happen on a Sunday, New Year’s Day, Good Friday, or Christmas Day, or any day proclaimed as a public holiday, then such provision and appointment shall take effect as for the following day.

Any Justice or Resident Magistrate, notwithstanding that such Justice or Resident Magistrate is or is liable to be rated within any county under any of the provisions of this Act contained, or is a resident or is owner or occupier of land within any such county, may hold any Court, or do any act matter or thing, or adjudicate in the recovery of rates and in appeals against rates, and in revising lists of voters, and may hear and determine informations and complaints, and may hear and adjudicate upon all other matters and things which such Justice or Resident Magistrate might hold do or adjudicate upon if he had not been or been liable to be so rated, or had not been such resident owner or occupier.

It is expressly declared that this provision shall apply to the Chairman of the Council, whether appointed to be a Justice of the Peace under this Act or otherwise.

Every offence hereby punishable by a penalty shall be prosecuted, and all fines and penalties, and other sums of money imposed by or made recoverable under this Act, shall, if not otherwise expressly provided for, be recoverable in a summary way before any two or more Justices of the Peace in the manner provided by “The Justices of the Peace Act, 1866,” and any Acts amending the same.

In all cases in which no provision or no sufficient provision is in the opinion of the Governor made by this Act, it shall be lawful for the Governor from time to time, for the purpose of facilitating or more effectually carrying into execution any of the objects of this Act, to make and prescribe all such regulations and orders, either general or applicable to particular cases only, as he shall think fit, and such regulations and orders from time to time to revoke or alter as to the Governor shall appear to be requisite.

All such regulations and orders shall be published in the Gazette, and being so published shall have the force of law at the expiration of ten days after such publication.

If any dispute shall arise between the Council and the governing body of any road district or borough, or between the Council and any other Council or any other persons or body, as to the right to receive rates, or to the possession care or control of any bridge road or any other property, the Governor shall alone and finally decide upon such dispute after such inquiry as he shall think fit to make, and in such manner as he shall think fit.

Within the period of twenty-one days before or after the day appointed for the holding of any election, or of any meeting of Councillors, or for the doing of any act matter or thing by the said Act required to be done on or before a day certain, it shall be lawful for the Governor in Council to extend the time allowed for the holding of such election or meeting of Councillors, or for the doing of any such act matter or thing as aforesaid, notwithstanding the day may have passed on which the same ought to have been held or done, and to adopt or cause to be adopted such measures as may be necessary to remove any obstacle of a technical or formal nature by which the carrying out of the provisions of this Act may be impeded, and to supply any deficiency which may be required to be supplied in order to enable the said provisions to be duly carried out.

Any such measure so adopted by the Governor in Council shall be duly notified in the Gazette.

No misnomer or inaccurate description contained in this Act or in any Proclamation made thereunder shall in anywise prevent or abridge the operation of this Act with respect to the subject of such description, provided the same shall have been designated so as to be understood.

“The Timaru and Gladstone Board of Works Act, 1867,” and the several Acts amending the same, are hereby repealed, but shall notwithstanding remain in full force so far only as relates to anything done, appointment or instrument made, right or privilege accrued, work authorized, offence committed, forfeiture penalty or liability incurred, action prosecution or proceeding commenced, under the authority of or against the provisions of the said Acts before the passing of this Act.