The powers and duties of the Board shall be exercised by it subject to the powers privileges and duties hereinafter reserved to or conferred upon the Corporation and the Club respectively.

If from any cause the Council being under a duty to appoint a member of the Board shall fail neglect or refuse so to do within the time appointed in that behalf and such failure neglect or refusal shall continue for fourteen days after notice in writing shall have been given by the Club to the Council that the Club intends to exercise its powers hereunder the Club may appoint any person whomsoever being a bona fide resident of the Borough of Napier to be a member of the Board in lieu of the member who ought to have been so appointed by the Council.

If from any cause the Club being under a duty to appoint a member of the Board shall fail neglect or refuse so to do within the time appointed in that behalf and such failure neglect or refusal shall continue for fourteen days after notice in writing shall have been given by the Council to the Club that the Council intends to exercise its powers hereunder the Council may appoint any person whomsoever being a bona fide resident of the Borough of Napier to be a member of the Board in lieu of the member who ought to have been so appointed by the Club.

If the Club be wound up or dissolved:—

The first appointment of members of the Board shall be made within a period of two months from the passing of the Act.

The members of the Board appointed under the provisions hereof shall retire on the thirtieth day of June nineteen hundred and thirty-eight and on the thirtieth day of June in every third year thereafter.

Retiring members shall be eligible for reappointment either by the same or another appointing authority.

The Board shall not be concerned to see or enquire into the validity of any appointment of members and shall be entitled to accept as conclusive evidence of the validity thereof a notification of any such appointment in writing from the Town Clerk of the Council the Secretary of the Club or the Minister of Defence as the case may be.

The following persons shall be incapable of being appointed to be or of being members of the Board, that is to say:—

The Board is hereby declared to be a local authority for the purposes of the Local Authorities (Members’ Contracts) Act, 1934.

If any person while holding office as a member of the Board becomes incapable of continuing to hold office under subclause (1) of the last preceding clause his office shall be thereby vacated and such vacancy shall be deemed an extraordinary vacancy.

Every person who does any act as a member of the Board while incapacitated under subclause (1) of the last preceding clause otherwise than under paragraph (b) thereof shall be liable to a fine not exceeding fifty pounds.

A member of the Board may resign his office by writing delivered to the Chairman or Secretary of the Board and in such case or in the case of his death or his absence without leave of the Board from three consecutive meetings of the Board his office shall become vacant and such vacancy shall be deemed an extraordinary vacancy.

If any member of the Council is appointed by it to be a member of the Board and thereafter ceases to be a member of the said Council he shall on the expiration of two months after he has so ceased to be a member of the Council vacate his office as a member of the Board unless in the meantime he has been confirmed in his office by resolution of the Council. Any vacancy so created shall be deemed an extraordinary vacancy.

In the event of an extraordinary vacancy occurring in the office of a member of the Board:—

The appointment of a member to fill an extraordinary vacancy shall be made not later than one month after the vacancy occurs.

A person appointed to be a member of the Board to fill an extraordinary vacancy shall hold office so long only as his predecessor would have held it.

No act or proceeding of the Board shall be invalidated or be deemed illegal in consequence only of the number of the members of such Board not being complete at the time of such act or proceeding.

All acts and proceedings of the Board shall notwithstanding the fact that there was some defect in the appointment of any person as a member thereof or that any member is disqualified or not entitled to act or vote be as valid as if every such person had been duly appointed and was qualified to be and to act and vote as a member of the Board.

The Board shall be deemed to come into existence as a corporate body as soon as any member thereof has been duly appointed in accordance with the provisions hereinbefore contained.

Every member of the Board shall unless he sooner resigns dies or vacates his office hold office until the appointment of his successor.

No member of the Board shall be personally responsible for any act or omission of the Board or of any member thereof done or omitted in good faith in pursuance or in intended pursuance of the authority hereby conferred.

It shall be lawful for the Board if it thinks fit to pay to any member thereof the amount reasonably and actually expended by him by way of travelling expenses in attending the meetings of the Board or in the performance of his duties as a member of the Board.

Upon proof in the first instance by affidavit or otherwise that any member of the Board is or has become incapable of holding his office, the Magistrate’s Court in the Borough of Napier may grant a summons calling upon the person holding such office to show cause why he should not be adjudged to be ousted of the same.

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

In any such proceeding the Magistrate’s Court may exercise all the powers and authorities which it may exercise in its ordinary jurisdiction in civil cases; and the procedure of such Court shall, so far as applicable, apply generally to proceedings had under this section.

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

The first meeting of the Board shall be held at a time and place to be fixed in that behalf by the Council.

An annual meeting of the Board shall be held in the month of July in every year.

Other meetings shall be held as the Board shall from time to time determine.

At the first meeting of the Board and at every annual meeting and as often as the office of Chairman becomes vacant the members shall elect one of their number to be Chairman who shall hold office until the appointment of his successor.

At every meeting for the election of Chairman the Secretary of the Board shall preside and in any case of equality of votes shall determine the election by lot.

The Chairman shall preside at each meeting of the Board at which he is present but in his absence from any meeting the members present shall elect a member to act as Chairman at such meeting.

The Chairman at any meeting shall have a deliberative vote and in case of an equality of votes shall also have a casting-vote.

No business shall be transacted at any meeting of the Board unless at least a quorum of members is present thereat during the whole time at which the business is transacted.

A quorum shall consist of half of the whole number of the members of the Board (irrespective of any extraordinary vacancies) when that number is even and a majority of such members when the number is odd.

A member of the Board shall not vote or take part in the discussion of any matter before the Board in which he has directly or indirectly by himself or his partner any pecuniary interest otherwise than as a member of an incorporated company in which there are more than twenty members and of which he is not the General Manager or Manager. Any member who knowingly offends against the provisions of this paragraph shall be liable to a fine not exceeding fifty pounds for every such offence and upon being so fined his seat on the Board shall become vacant.

Meetings of the Board shall be open to the public but the Board for sufficient cause of which it shall be sole judge may exclude strangers altogether from any meeting. The Chairman at any meeting may order any constable or officer of the Board to exclude or remove any stranger from the meeting on account of noisy or disorderly conduct or intoxication.

Subject to the provisions hereof the Board may regulate its own proceedings.

The Chairman of the Board shall be compelled to give all information required of him by or on behalf of the Board on any matter requisite to enable the Board to carry into effect any of the provisions hereof and to produce all books, papers, and documents belonging to the Board which relate to any such matter, to any person authorized by the Board to apply for the same.

If the Chairman refuses or neglects to give any such information when called upon to do so, or to produce all or any such books, papers, or documents as aforesaid he shall be personally liable to a fine not exceeding five pounds for every such refusal or neglect.

The word “Chairman” in this section includes the Acting-Chairman for the time being, and also the person having the control over the books, papers, and documents belonging to the Board.

The Secretary shall keep the minutes of the proceedings of the Board in a book, in which he shall enter, subject to the directions of the Board, the names of the members attending each meeting and the names of the members voting on each question on which there is a division, and every resolution, order, or other proceeding of the Board, and any other matter directed by the Board to be entered upon the minutes.

The minutes of the proceedings of every meeting shall be read at the next ordinary meeting succeeding, and, if approved by the Board, or when amended as directed by the Board, shall be signed by the Chairman of such succeeding meeting.

The minutes of proceedings of any meeting of the Board kept as above provided, or an extract thereof certified as correct by the Chairman or Secretary, shall, unless the contrary is proved, be received as evidence of such proceedings and of the due convening and holding of the meeting; and the validity of all such proceedings shall be presumed unless the contrary is proved.

The minute book of the Board shall be kept in the office of the Board, and shall be open for inspection without fee during all office hours by any member of the Board or of the Council or by any committeeman of the Club or any creditor of the Board.

Subject to the conditions herein specified and to the rights of the Council and of the Club herein reserved and specified the Board in connection with the providing operating and maintaining of an Airport for the Borough of Napier may do the following things:—

Notwithstanding any of the provisions hereof the Board shall not have power to establish or to apply any of its funds to the establishment of any aerodrome or airport (or to purchase or otherwise acquire lands for an aerodrome or airport) to be run in opposition to the aerodrome or airport established upon the lands described in the First Schedule to the Act. Provided that nothing herein shall preclude the Board from exercising its powers under paragraphs (c) and (l) of the last preceding clause.

In exercising its powers and authorities hereunder the Board shall comply in all respects with the provisions of any borough by-laws applying to the aerodrome and of the Air Navigation Act, 1931, and any regulations made thereunder, and of any other Act or regulations, and shall comply with all lawful requisitions made by the Controller of Civil Aviation or by the Minister of Defence.

Where any electric line telegraph line building fence tree or other erection or obstruction (all hereinafter included in the term “obstruction”) situate on any land adjacent to the aerodrome in the opinion of the Board interferes with or is likely to interfere with the operation of the aerodrome or the landing or taking off of aircraft thereon or therefrom by day or night the Board may with the consent in writing of the owner of any such obstruction remove the same and re-erect it in some other position or pay to the owner the cost of so doing together with such further sum (if any) as may be agreed upon for compensation.

Subject to the condition that nothing herein shall limit or restrict any powers or duties vested in the Controller of Civil Aviation or any officer of the Government charged with the administration of the regulations under the Air Navigation Act, 1931, the control and supervision of flying operations on or about the aerodrome, the use of the aerodrome by aircraft and the administration and enforcing of the said regulations and of any borough by-laws relating to the aerodrome shall be vested in the Board.

The Board may by special resolution make rules not inconsistent with any rights licenses or privileges of the Club and not inconsistent with any borough by-law applying to the aerodrome or with any regulations under the Air Navigation Act, 1931, or with any other Act or regulations providing for the control and supervision of flying operations on or about the aerodrome or the manoeuvring of aircraft on the aerodrome.

Every person who commits a breach of any rule of the Board hereunder shall be liable to a fine not exceeding twenty pounds.

A copy of every rule made by the Board hereunder shall within seven days after the making thereof be sent by the Board to the Minister for the time being in charge of Civil Aviation who may at any time within three months after the making of such rule disallow the same or any part thereof and upon such disallowance being gazetted such rule or part thereof shall cease to have any force; but such disallowance shall not effect the validity of anything theretofore done under the rule or part thereof so disallowed.

In the exercise of its powers and duties hereunder the Board shall not erect construct or make or permit or suffer to be erected constructed or made any buildings erections obstructions or excavations or plant or permit or suffer to be planted any tree or shrub in any part of the aerodrome without first passing a special resolution that the land whereon such building erection obstruction or excavation is proposed to be erected constructed or made or whereon such tree is proposed to be planted is not required or likely to be required for the landing or taking off of aircraft and is not in such a position that any such building erection obstruction excavation or tree thereon is likely to restrict the free manoeuvre of aircraft on or over the aerodrome.

It shall be the duty of the Board to keep all buildings and other property of the Board insured against fire in their full insurable value in some reputable company carrying on business in Napier.

It shall be the duty of the Board to take out and maintain in some reputable company carrying on business in Napier a policy indemnifying the Board against all claims which might be made against it under the Workers’ Compensation Act, 1922, or at common law in respect of compensation payable to any workman or servant of the Board or his dependants or which might be or become a charge upon the Board’s interest in the said lands.

In the event of the Board failing neglecting or refusing to take out and maintain any such policy as aforesaid or any fire insurance policy as mentioned in the last preceding clause the Council may take out such a policy or policies and recover the cost incurred in so doing from the Board as a debt due to the Corporation.

For the purposes of the Rating Act, 1925, the Noxious Weeds Act, 1928, and the Health Act, 1920, the Board shall be deemed to be the owner and occupier of the aerodrome.

The common seal of the Board shall not be affixed to any deed or instrument except in the presence of two of the members of the Board and every deed or instrument for which such seal is required shall be signed by two of the members and by the Secretary of the Board.

Any contract which if made between private persons must be by deed shall if made by the Board be in writing under the seal of the Board.

Any contract which if made between private persons must be in writing signed by the parties to be charged therewith shall if made by the Board be either under the seal of the Board or signed by two members of the Board on behalf of or by direction of the Board.

Any contract which if made between private persons may be made verbally without writing may be similarly made by or on behalf of the Board by any two members acting by direction of the Board but no verbal contract shall be made for any sum exceeding twenty pounds.

The Board may by resolution from time to time appoint fit persons to be Secretary, Treasurer, Manager and all such other officers, pilots, officials, clerks and servants as it may deem necessary to assist in the execution of the powers duties and authorities of the Board and may pay such persons such salaries and allowances out of the funds of the Board as it thinks fit.

No member of the Board shall be capable of holding such office unless without remuneration.

One person may hold two or more of such offices.

The Board may enter into an agreement in writing with any person whom it proposes to appoint or who has been appointed an officer or servant of the Board to the effect that such person shall not, save as provided in such agreement, be removed from office during such period (not exceeding three years from the date of his appointment or the date of such agreement as the case may be) as is stated in such agreement. Any such agreement may from time to time be renewed for any period not exceeding three years at any one time from the date of such renewal.

During the absence from duty of any officer of the Board by reason of illness, leave of absence or other cause, the duties and powers of such officer may be performed and exercised by an acting officer appointed by the Board and such appointment may be either general or for some occasion only.

With the prior written consent of the Council the Board may subject to the terms and conditions hereinafter mentioned and upon such additional terms and conditions not inconsistent with the provisions hereof as it deems fit let by way of lease any land being part of the aerodrome upon terms permitting the lessee to erect thereon buildings for the housing, repair and construction of aircraft or for accommodation houses, hotels, general stores, petrol stations, or any other buildings, equipment or appurtenances necessary or desirable in the opinion of the Board for the purposes of the airport.

No such lease shall be for a term exceeding ten years.

No building shall be erected by the lessee except in accordance with plans and specifications approved by the Board and complying with the provisions of any borough by-laws applying thereto.

If at any time during the term of any such lease the land demised thereby or any part thereof is required by the Board for the purposes of the aerodrome the Board may terminate such lease as to the whole of the demised land or so much as is required as aforesaid without the payment of compensation (unless the same be expressly authorized as hereinafter mentioned by the provisions of the lease) or liability to any action or claim for damages in respect of such termination.

Any such lease may contain a provision that upon the termination thereof as to the whole of the demised land or so much as is required as aforesaid the Board shall pay to the lessee compensation for the then value of the buildings then upon the demised land or the part thereof resumed as the case may be such value to be determined at the time of such termination of lease and if not mutually agreed upon such value shall be determined by two arbitrators and their umpire pursuant to the provisions of “The Arbitration Act 1908.” Provided always that no such provision as aforesaid shall be contained in any such lease unless a further provision be also inserted therein fixing the minimum value of any buildings to be erected by the lessee upon the demised land.

If at any time during the term of any such lease the Board shall be of opinion that any building erection tree or thing on any part of the demised land restricts or may restrict or in any way interferes with the free manoeuvre of aircraft on or over the aerodrome or in any way whatsoever interferes with the full and efficient use of the aerodrome the Board may require the lessee to remove any such building erection tree or thing without the payment of compensation or liability to any action or claim for damages in respect thereof. In such event the Board shall give written notice to the lessee requiring him within a period stated in such notice to remove such building erection tree or thing and if the lessee shall fail neglect or refuse to comply with the provisions of any such notice within the period therein mentioned the Board may effect such removal and the lessee shall upon demand by the Board pay to it the expenses incurred in and about such removal or at its option the Board may terminate the lease and all the rights or privileges of the lessee thereunder.

The Board may by special resolution:—

The revenues of the Board shall consist of the following moneys, that is to say:—

The Council shall pay and discharge the rent payable to the Harbour Board under the said lease of the said land during the first ten years from the commencement of the said lease and from and after the expiration of the first ten years from the commencement of the lease the Board shall duly and punctually pay to the Harbour Board or to the Council as the Council may from time to time direct all rent payable by the Corporation under the said lease or any renewed lease of the said land and from the commencement of the said lease the Board will duly and punctually pay all rates taxes and outgoings payable in respect of the said lands and shall indemnify the Corporation from and against payment of such rent rates taxes and outgoings and if the Board shall make default in the due and punctual payment of the same or any part thereof as aforesaid the same may be recovered by the Corporation from the Board as a debt in any Court of competent jurisdiction.

If the Corporation shall acquire the freehold of the said land described in the First Schedule to the Act then from and after the date on which the Corporation acquires the freehold as aforesaid or from and after the date ten years after the commencement of the said lease (whichever date shall be the later) the Board shall pay to the Council each year in lieu of rent payable under the last preceding clause a sum by way of rent equal to five per centum per annum of the purchase price paid by the Council for the freehold of the said land and shall continue to pay the rates taxes and outgoings payable in respect of the said lands as provided by the last preceding clause.

If the Board shall make default for a period of one month after demand in writing in payment of any moneys payable by way of rent or any rates taxes and outgoings or any portion thereof payable by the Board as provided by the last two preceding clauses the Council may by notice in writing to the Board determine all the Board’s powers and rights hereunder and thereupon the provisions of subclause (2) of clause 59 hereof shall apply as if the Board had been dissolved pursuant to the said clause 59.

All moneys belonging to the Board shall be paid into such bank as the Board from time to time appoints.

All moneys raised by way of loan shall be paid into a separate account at the bank for each loan which account shall be named according to the description of the loan.

All other moneys belonging to the Board shall be paid into an account at the bank to be called “The General Fund.”

Notwithstanding anything in the foregoing provisions of this clause the Board may if it thinks fit pay into a separate bank account all moneys accruing from any business as hereinbefore mentioned undertaken by the Board or moneys appropriated and held by it for any special purpose.

The Board may if it thinks fit keep such separate accounts in its books as it deems necessary and all such separate accounts shall be audited.

No moneys shall be drawn out of the bank except by authority of the Board and all moneys shall be paid by the Board in cash or by cheque signed by the Treasurer of the Board and countersigned by any two of such of its members as the Board from time to time authorizes to sign cheques.

All moneys paid or purporting to be paid by the Board by promissory note or bill shall be deemed to be moneys unlawfully expended or applied within the meaning of section 127 of the Public Revenues Act, 1926, and the provisions of that section shall apply with respect thereto accordingly.

The Board shall have power to 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 by or to the Board or of any damage done by the Board or its servants or to submit any such matter to arbitration whether before or after any action or suit is brought for or in respect of the same.

All moneys received by the Board by way of revenue shall be applied in exercising the powers hereby granted to or vested in the Board including the establishing managing administering and improving of the aerodrome and generally in carrying into execution the purposes and objects of the Act in such a manner as the Board in its absolute discretion may think fit.

If in any year the Board shall have a surplus revenue after satisfying the requirements of the Board in the exercise of its powers as aforesaid and after setting aside so much thereof as may be considered necessary in anticipation of the future requirements of the Board the balance of such surplus revenue shall be paid to the Council and belong to the Corporation.

It shall not be lawful for the Board to borrow money except from the Corporation nor shall it be lawful for the Board at the end of any year to owe except to the Corporation as aforesaid any sum or sums in the aggregate greater than such part of the revenue of the Board for the year then ended as remains outstanding and unpaid and properly payable to the Board.

The Board shall keep full and correct accounts of all moneys received and expended by it and of its assets and liabilities and shall within twenty-eight days after the end of every financial year cause to be prepared a balance sheet together with a statement of income and expenditure for that year.

A copy of such balance sheet and statement shall be sent to the Council the Club and the Controller of Civil Aviation within two months after the end of every financial year.

All accounts of the Board shall be audited by the Audit Office which for that purpose shall have and may exercise all such powers as it has under the Public Revenues Act, 1926, in respect of public moneys.

No claim of any creditor of the Board shall attach to or be paid out of the public revenues of New Zealand or out of the revenues of the Corporation or attach to or be paid by the Government or by the Council.

No action shall be commenced against the Board or any member thereof or other person acting under the authority or in the execution of or intended execution of or in pursuance of the provisions hereof for any alleged irregularity or trespass or nuisance or negligence or for any act or omission whatsoever until the expiry of one month after notice in writing specifying the cause of action the Court in which the action is intended to be commenced and the name and residence of the plaintiff and of his solicitor or agent in the matter has been given by the plaintiff to the defendant.

Every such action shall be commenced within six months next after the cause of action first arose whether the cause of action is continuing or not.

Where under the provisions hereof or of any regulation under the Air Navigation Act, 1931, any borough by-law or any rule of the Board respectively relating to the aerodrome proceedings may be taken against any person for a breach thereof respectively such proceedings may (without in any way restricting the powers vested in any other person in that behalf) be commenced upon information or complaint laid by the Controller of Civil Aviation any officer of the Board or the Council or by any person authorized by the Controller of Civil Aviation the Board or the Council.

Every order notice or other document requiring authentication by the Board may unless otherwise provided be signed by any two members of the Board or by the Secretary and need not be under seal.

Any summons writ or other legal proceedings requiring to be served on the Board may be served by being left at the office of the Board or given personally to the Secretary thereof.

Every person who damages any of the buildings works plant machines machinery appliances or conveniences erected or constructed or used under the provisions hereof shall be liable for the amount of such damage to be recovered by any person authorized in that behalf by the Board in any Court of competent jurisdiction and if such damage be done wilfully shall be liable in addition to a fine not exceeding fifty pounds.

Every person who wilfully obstructs molests or makes use of any threatening language to any officer of the Government Council Board or Club workman or other person who may be performing any duty or executing any work which he has lawful authority to do under or by virtue of the provisions hereof shall be liable to a fine not exceeding twenty pounds.

Every person who wilfully or negligently breaks throws down damages or takes away any lamp lighting apparatus or other work set up for the purpose of lighting the aerodrome or approaches thereto or wilfully extinguishes any light within such lamp shall be liable for the amount of injury or damage done and also in addition to a fine not exceeding fifty pounds.

All fines recoverable under the provisions hereof or any rules made by the Board hereunder may be recovered in a summary way before two or more Justices and when recovered shall if not otherwise expressly provided for be paid into the Consolidated Fund.

All moneys payable or owing by any person to the Board whether in respect of revenue or otherwise howsoever may be recovered in any Court of competent jurisdiction.

Officers of Customs, officers of the Defence Department, officers of the Post and Telegraph Department, and officers of the Police Department acting in the execution of their duty shall at all times have free ingress passage and egress in through and out of the aerodrome and any buildings thereon.

The Governor-General may at any time dissolve the Board in manner following:—

Upon such dissolution by the Governor-General:—

Sum to be paid by Council to Club for loss of rights privileges, &c.

Notwithstanding the provisions hereinbefore contained the powers and duties conferred upon the Board shall be subject to the following rights and privileges reserved by and conferred upon the Club—

Functions of Club.

Club to retain free flying rights.

Club not to compete with regular air services.

Club to have right to conduct demonstrations, &c., on certain number of days in year.

Club to observe air regulations and by-laws, &c.

Upon the registration of a memorandum of lease from the Harbour Board to the Corporation of the land described in the First Schedule to the Act for the purposes of an aerodrome—

Until the registration of a memorandum of lease as aforesaid the club may retain control of the aerodrome and shall be entitled to make and retain all such charges and to levy all such dues and fees for the use of the said land and the facilities thereon provided or to be provided as are usually and customarily made and levied in respect of persons and aircraft using lands and facilities appropriated for the purposes of aviation and for the purpose of airports.

As to any part or parts of the said lands not needed for the time being by the Board for or in connection with the aerodrome the Council shall be at liberty from time to time—

The Council may exercise all the powers set out in section 6 of the Local Authorities Empowering (Aviation Encouragement) Act, 1929, as fully and effectually as if it had established the aerodrome and retained the control of the same and any business ancillary thereto.

The Council in addition to its powers to make by-laws under the provisions of section 6 of the said Act may in respect of the aerodrome from time to time make such by-laws not inconsistent with any rights licenses or privileges of the Club or Board as it thinks fit for all or any of the following purposes:—

A copy of every by-law made by the Council under this clause shall within seven days after the making thereof be sent by the Council to the Minister for the time being in charge of Civil Aviation who may at any time within three months after the making thereof disallow the same or any part thereof and upon such disallowance being gazetted such by-law or part thereof shall cease to have any force; but such disallowance shall not affect the validity of anything theretofore done under the by-law or part thereof so disallowed.

Notwithstanding that the lands upon which the aerodrome is established or to be established are or will be the property of the Corporation or held under lease by the Corporation and the Club is granted certain rights thereover the Corporation shall not be deemed to be or be liable for any act or omission of the Board or of the Club nor shall any liability of the Board or of the Club in any way whatsoever attach to the Corporation’s interest in the said lands.

All questions or differences whatsoever which may at any time hereafter arise between the Council the Club and the Board or any two or more of them touching the Act or this Schedule or the subject matter thereof or arising out of or in relation thereto respectively and whether as to construction or otherwise shall be referred to a single arbitrator in case the parties can agree upon one otherwise to arbitrators one to be appointed by each party to the difference and in any case in accordance with and subject to the provisions of the Arbitration Act, 1908.