Every County Council, in the exercise of any power, duty, or authority conferred upon it by this Act, shall have all the powers, duties, and authorities conferred upon it by “The Counties Act, 1908,” and any such Council may, wherever necessary, do or perform any act, matter, or thing authorised by this Act by or through its officers, servants, or contractors, or by any other persons authorised or permitted by such Council to do or aid in doing the same respectively.

The Council may by special order from time to time declare the whole county or any part of the county to be a district for the purpose of the construction of water-races therein; and by the same or any subsequent special order may fix the boundaries of any such district, and may assign a name thereto; and by any subsequent special order may enlarge, alter, or curtail the limits of any district, subject as hereinafter mentioned, and to the following conditions:—

No town district shall be included within any district to be declared under this section unless by a separate petition signed by not less than one-half of the ratepayers within such town district representing at least three-fifths of the rateable value of the rateable property in the town district.

The Council may from time to time by special order, subject as mentioned in this section, declare any part of the county formerly included within any borough or town district which has become merged in the county to be constituted a district within the meaning of this section.

The Council may, if it thinks fit, by the same special order as that whereby a water-race district is constituted, enlarged, altered, or curtailed, or from time to time by any subsequent special order, also divide the district so constituted, enlarged, altered, or curtailed into subdivisions, or abolish or alter existing subdivisions, and may prescribe the boundaries of such subdivisions, and assign names thereto.

When a special order is made by the Council for any of the purposes mentioned in section six or seven hereof, the meeting at which the resolution is confirmed shall be held not sooner than the fourteenth day after the special meeting at which the resolution was originally passed, anything in “The Counties Act, 1908,” to the contrary notwithstanding.

The boundaries of any water-race district, or subdivision thereof, as set forth in any special order made under section six or seven hereof may be altered, and the description thereof amended, before the adoption of the resolution making such special order.

Any owner or occupier (such occupier being liable to be rated) of land included within any area constituted a district under this Act for the purpose of the construction of water-races therein, or within any enlargement or alteration of such a district, or within any subdivision of such a district, may, within ten days after the passing of the special order constituting such district or enlargement or alteration thereof, or such subdivision, object to his land being included therein; and with respect to every such objection the following provisions shall apply:—

Appellant and respondent may agree to arbitration.

The Council may from time to time enter into and make contracts with the Council or Board of any borough or town district for the supply of water to the residents therein for domestic use; and for such purpose shall have all the powers conferred by this Act or any Act incorporated therewith, and may execute all necessary works for the distribution of water from a water-race to any such borough or town district, and along, over, or under any street, road, or public place therein.

The Council may supply water to persons and lands outside a water-race district on such terms as it thinks fit:

Provided that this power shall not be exercised save as to surplus water available after supplying the requirements of all persons and lands in the district and entitled to be supplied.

The Council may from time to time, for or on behalf of the Corporation, purchase for the Corporation, or make and maintain, or enlarge, or alter, extend, or repair, any water-races vested or to be vested in the Corporation, as it may deem necessary; and for such purposes or any of them, and whether in respect of any water-race heretofore or hereafter to be constructed, acquired, enlarged, altered, extended, or repaired, may from time to time, either within or outside of the county,—

Before proceeding to construct or extend any water-race, or interfere with any road or reserve for the purpose of constructing or extending or widening a water-race,—

Nothing in this section shall be deemed to apply to any repair of any water-race.

Where any part of a road is vested in the Corporation of a county as a water-race by virtue of this or any other Act, but is not for the time being used by the Council for the purposes of a water-race, the fact that such part of the road is so vested shall not take away or affect the control and jurisdiction of the Road Board or of any other local authority over that part of the road, or the duty of the Road Board or other local authority to construct and maintain the same as a road.

If any person who has made an objection to the making of a water-race is dissatisfied with the decision of the Council thereon, he may within ten days after such decision appeal against the same to the District Court, if such a Court is held in the district; and if there is no such Court so held, then such appeal may be made to any Magistrate’s Court in such district, or to the Supreme Court, at the option of the party appealing.

Such appeal may be either on matter of law or matter of fact, and shall be in the form of a case agreed on by the appellant and the Council; and if they cannot agree, any Magistrate on being appealed to by the appellant or Council shall settle the case and sign it.

Such case shall be transmitted by either party to the Court before which the appeal is to be heard, and such Court may dispose thereof and make such order in respect thereof, and of the costs incidental thereto, as it deems just.

Any order for costs made by any Court before which an appeal is heard may be enforced by the process of such Court in like manner as any order or judgment of such Court in its ordinary jurisdiction could be enforced.

The case on appeal shall, in the case of the Supreme Court, be transmitted to the Registrar of such Court nearest to the place where the decision of the Council has been given; and, in the case of a District Court or Magistrate’s Court, shall be transmitted to the Clerk of the Court in which the appeal is to be heard.

The order of the Court made on such appeal shall be final and conclusive on the appellant and the Council, and no further appeal shall lie to any other Court.

Any surveyor appointed by the Council may from time to time enter upon any land (whether before or after the deposit of a plan as before provided), with such assistance as he thinks fit, for the purpose of making any survey of any line or intended line of water-race, and to fix or set up thereon survey pegs, marks, or poles, and to dig or bore into such land so as to ascertain the nature of the soil, and to set out the lines of any works thereon.

In all cases, where possible, reasonable notice shall be given by the surveyor to the occupier (if any) of the intention to enter upon such land; and such surveyor shall, when required to do so, produce to the owner or occupier of any land on which he has entered the written authority of the officer of the Council under whose authority he is making the survey.

In case any damage is done by any surveyor in exercise of the powers hereby conferred on him, the Corporation shall be liable to make good the same, and the amount thereof shall be ascertained in the mode hereinafter provided as to the assessment of compensation for land taken or affected by the works of the water-race.

Subject to the provisions of this Act, the Council may exercise all or any of the powers hereby conferred by this Act for the construction, extension, alteration, widening, or repair of the water-race, and may enter upon or cause to be entered upon any lands for the purpose of making such surveys as may be necessary, and subject as aforesaid may take and hold all the lands specified in the plan and required for the water-race, and for such estate or interest therein as is specified in the notice respecting the same to be given as hereinbefore provided.

Nothing in this Act shall authorise the entry upon any land occupied by any building or yard, or bona fide used and occupied as a garden, orchard, vineyard, ornamental park or pleasure-ground, or the cutting or injuring of any ornamental tree or shrub, or the taking of any stone or other material from any quarry, brickfield, or like place commonly used for the taking material therefrom for sale, without the consent in writing of the owner first obtained.

Nothing in this Act shall authorise, without the previous written consent of the owner and occupier of the land, the commencement of any work, nor, without a like consent, the removal of any fencing upon any private land, until fences have been first made so that all private lands adjacent to land taken or works executed under this Act shall be as effectually protected against damage by trespass as before the commencement of such works.

Every person having any estate or interest in any lands taken under the powers conferred by this Act, or injuriously affected thereby, or suffering any damage from the exercise of such powers, shall be entitled to full compensation for the same from the Corporation, the amount whereof shall be ascertained in the manner set forth in “The Public Works Act, 1908.”

In the application of such Act the Council shall be the respondent to any claim made for compensation under this Act.

The compensation to be paid shall not exceed the value of the land according to the valuation thereof in force under “The Valuation of Land Act, 1908,” or the improved value of the lend as assessed under “The Land and Income Assessment Act, 1908,” as the case may be, at the date of the gazetting of the Proclamation first taking such land for the said water-race as aforesaid.

If there is no such valuation, then the Compensation Court may determine what is the improved value of such land for the purposes of this Act as nearly as may be as if such improved value had been assessed under “The Land and Income Assessment Act, 1908.”

The Court awarding the compensation may, after payment thereof in accordance with this Act, and on application by the Council for that purpose, make an order in the form or to the effect set forth in the Second Schedule hereto; and such order shall have the effect following:—

If any doubt or dispute arises as to the right or title of any person to receive any compensation, or if the person entitled thereto is absent from New Zealand, the moneys payable as such compensation shall be paid into the Public Trust Office by the Council, as provided in “The Public Works Act, 1908,” and may be dealt with thereunder.

Moneys payable as compensation or as costs under the preceding provisions of this Act shall be paid out of the County Fund; but when the works in respect of which the compensation or costs paid affect a particular district only, the same shall be made a charge by the County Council against that district only.

Subject to the provisions of this Act, the Council may—

Subject to the foregoing provisions, every water-race shall, where necessary to prevent damage to any land, have an outfall to the sea, or to some river, creek, lake, lagoon, or public drain.

Before interfering with any stream or river, or diverting water therefrom, the like proceedings, mutatis mutandis, shall be taken and had by the Council as provided in section thirteen hereof; and for the purpose of this section, and of the proceedings to be taken thereunder, the words “stream or river” shall be read in substitution for the words “road or reserve,” and shall mean the part of the stream or river at or from which the water is intended to be taken, impounded, or diverted.

The powers mentioned in this section may be exercised by the Council, after public notice of its intention to do so, which shall be given at least thirty days before the execution of any works for that purpose; and any person objecting to any interference with any stream or river, or diversion of water therefrom, may object thereto in the manner hereinbefore provided in section thirteen hereof.

In case the Council declines to entertain such objection, any such person shall have the like right of appeal as provided for in section fifteen hereof; and all the provisions of that section, and of any other section relating to appeals, shall, mutatis mutandis, extend and apply to the exercise by the Council of the powers conferred by this section.

Before interfering with any road, or other public work lying or being outside of the boundaries of a county, for the purpose of constructing a water-race, the Council shall give not less than one month’s notice in writing to the local authority having the control of such road or work.

If such local authority objects to such interference, the matter shall be referred to the Minister of Public Works, whose decision thereon shall be final.

The Council, however, may at any time interfere with any such road or public work so far as to effect all necessary repairs in any water-race constructed or to be constructed on or under the same, on giving to such local authority three days’ previous notice in writing of its intention so to do; and in any sudden emergency or danger to the water-race or property adjoining, the Council may, without any previous notice, proceed to effect the necessary repairs, but shall as soon as practicable give notice to such local authority of its having so proceeded.

In every case where the Council constructs or maintains any water-race, it shall be the duty of the Council to prevent low-lying lands being thereby flooded, water-logged, or otherwise’ injuriously affected.

Any person owning or occupying land, whether within the boundaries of a water-supply district or not, which he has reason to believe will be injuriously affected by the construction of any water-race may apply to the District Court, if there is such a Court exercising jurisdiction in the district, or, if not, to the Supreme Court, for an injunction to prevent such water-race being proceeded with unless adequate provision is made to prevent such land being flooded, water-logged, or otherwise injuriously affected; and the Court may thereupon grant such injunction or make such order as best meets the circumstances of the case.

Nothing in this Act shall be construed to authorise any interference with any Government work without the sanction of the Minister of Public Works, nor with any Government railway without the sanction of the Minister of Railways.

In the case of private lands purchased or taken, or over which the Council has acquired rights of user or water-rights, the Council shall have all such rights of entry as if such lands had been granted to it; and all parts of water-races at any time put on, in, or under such private lands shall be deemed to belong to the Corporation as part of such water-races.

Saving as aforesaid, no entry shall be made on any private lands without the consent of the owner, except for the purpose of making surveys.

If the Council at any time ceases for a period of two years to use any land over which it has acquired rights as a water-race, such land shall, subject, however, to any special agreement made in respect thereof with the owner from whom such rights were originally acquired, upon the expiration of such period of two years, revert to the then owner of the land from which the same was originally severed; but the Council shall not be liable to such owner or any other person for so ceasing to use such land.

The Council shall not be responsible for the failure of any water-supply, from whatever cause the same may arise.

The Council shall, within three months after the constitution of a water-supply district, cause to be made a map of such district, showing its boundaries and the course of every water-race therein, and shall from time to time cause every new water-race and every alteration of any existing water-race to be marked on such map.

Every water-race shown on such map shall be deemed to be a water-race within the meaning of this Act, and shall vest in the Corporation of the county, subject to all the rights, powers, agreements, obligations, and liabilities attaching thereto or affecting the same.

Every such map shall be open for public inspection, without fee, at all reasonable hours at the office of the Council.

All maps made under “The Water-supply Act, 1891,” and deposited in the Magistrate’s Court may, on the application of the Council, be removed from such Court to the Council offices, and shall be deemed to be maps under this section.

The Council may, in the manner and subject to the terms and conditions provided by “The Local Bodies’ Loans Act, 1908,” from time to time raise a special loan for the purpose of exercising any of the powers conferred on the Council by this Act within a district or any subdivision of a district:

Provided that where under that Act a poll of the ratepayers is taken, the attorney of any ratepayer who is absent from the district or subdivision in which the poll is being taken may vote in the name and on behalf of such ratepayer; and every act done by such attorney in the name and on behalf of his principal shall, so far as the vote given is concerned, be as effectual as if the principal had voted in person.

The aggregate amount of all loans to be raised for such purposes respectively shall not exceed in any district or subdivision a sum equal to one-half the value of the fee-simple of all the land in the district or subdivision as appearing in the valuation roll for the time being in force.

Notwithstanding anything to the contrary in the last preceding section, the Council may, in the manner and subject to the terms and conditions provided by “The Local Bodies’ Loans Act, 1908,” raise a special loan sufficient to pay all preliminary expenses or liabilities incurred in constituting any district or subdivision under this Act, or for preliminary surveys, plans, or other expenses of a similar character incurred in formulating or inaugurating any scheme or schemes of water-supply for such district, or for trial or other works executed or to be executed in connection therewith, notwithstanding that such expenses may have been incurred before the constitution of the district, and before or after the consent of the ratepayers is given to the raising of any special loan, and notwithstanding that such works or liabilities are not specially mentioned in the proposal for which such consent is given, or that such consent is not given to such proposal; and may raise such special loan without being compelled to raise the whole loan authorised by the ratepayers to be raised under the said last preceding section:

Provided that the consent of the ratepayers of the district or subdivision to a loan under this section shall not be necessary in any case where such preliminary expenses or liabilities have been incurred pursuant to a petition signed by not less than two-thirds of such ratepayers; and a certificate under the seal of the Council that such petition has been duly made and signed shall be conclusive evidence of the fact.

A certificate under the seal of the Council of the amount of the preliminary expenses and liabilities incurred as aforesaid shall be conclusive evidence that such amount has been so incurred.

Out of the special loan so raised the Council shall pay and discharge all such expenses and liabilities as aforesaid as have been properly incurred.

The Council shall not raise any loan under this section without the consent first obtained of the Governor in Council.

The Council may impose and levy on all lands in the district or subdivision (except as hereinafter mentioned) a special rate to secure and pay the interest on and provide a fund for the repayment of any loan raised under the authority of this Act.

Any such special rate may be levied in manner as may be directed by special order, which may from time to time be altered or revoked by the Council, either—

Every such rate shall be deemed to be a rate made under “The Rating Act, 1908,” and may be levied, sued for, and recovered under that Act.

All lands in any district or subdivision which by their altitude, configuration, or other physical causes are excluded from deriving any possible benefit from a water-race shall be exempted from all rates to be levied in respect of such water-race; and all lands which are supplied with water from springs, streams, or private water-races thereon shall also be so exempted from rates unless the owners thereof respectively consent to the same being rated.

Within any division or subdivision where rates are to be levied on lands according to their classification the Council may from time to time, as it thinks fit, classify or cause to be classified all lands in the district or subdivision into the following classes, that is to say:—

The Council may from time to time, by, warrant under its hand at a meeting to be held for that purpose, appoint one or more fit persons to examine and report upon all lands to be classified, or to classify the same in manner aforesaid; and such persons shall, within thirty days after the delivery to them of the warrant of appointment, report to the Council thereon; and the classification of such lands shall thereupon forthwith be made, either by the Council or by such persons as aforesaid as the Council directs.

When any classification is made as aforesaid the Chairman shall sign the same at a meeting of the Council; and the Council shall immediately thereafter cause public notice of such classification to be given, and of the place where the same may be inspected for a period of twenty-one days; and the person in whose custody such classification list is shall permit the same to be inspected during office hours by the owner or occupier of any land included therein.

Any person who thinks himself aggrieved by such classification may appeal against the same on the grounds following, and no other:—

A notice of appeal setting forth the matter objected to, and the cause of objection, shall be given to the Clerk of the nearest Magistrate’s Court, within seven days next after the expiration of the twenty-one days appointed for the publication of the classification list; and not less than seven clear days’ notice of such appeal shall be given to the Council before the time of hearing appeals.

Within three days after the expiration of such seven days as last aforesaid the Magistrate of the aforesaid Court shall give public notice of a day for the hearing of such appeals, and such appeals may be heard at the Magistrate’s Court to be notified in such notice; and such Court may, after hearing such appeals, cause the classification to be amended in such manner as appears to it to be reasonable, and the Magistrate shall sign such amended classification, and the determination of the said Court shall be final and conclusive.

The Court by which any appeal is heard shall have full power to award the costs incidental to such appeal and the hearing thereof to either of the parties.

Every classification list, when signed by the Chairman as aforesaid in case there is no appeal, and when signed by the Magistrate as aforesaid after any appeal, shall, for the purpose of any proceedings for the recovery of rates payable under this Act, be conclusive evidence of the liability of the person named therein; and every such list shall remain in force until another is made under the provisions of this Act.

For the purpose of repairing any extraordinary damage done by flood, tempest, or accident to any water-race the Council may from time to time raise a special loan without first obtaining the consent of the ratepayers of the district, or of any subdivision of a district, to the doing of such work or to the raising of such loan; and, to secure the interest and the repayment of such loan, may levy a rate in manner provided in section thirty-four hereof, and all provisions of that section shall apply in respect of any such rate.

The Council may from time to time, in manner provided by “The Counties Act, 1908,” make by-laws—

Such charges may be estimated to cover the cost of maintaining and repairing the water-race, and the interest and sinking fund on any loan raised to provide for the cost of its construction, and shall be applicable for such of the said purposes as may be necessary.

Every occupier and every owner of land in, through, over, under, upon, or along which a water-race has been or is constructed shall be liable to pay the aforesaid charges unless such land is already provided with water by a stream, spring, or private water-race; but if the owner or occupier of land so provided has applied to and obtained from the Council a supply of water to such land, he shall be liable to pay the charges as aforesaid.

Every occupier and every owner of land abutting on a road upon which a water-race has been constructed adjacent to such land shall be at liberty to use the water in such race; and, unless he gives a written notice to the Council that he will not use such water, and does not use the same, shall be liable to pay the aforesaid charges.

No occupier shall be liable for any such charges in arrear for any period exceeding two years from the time when such charges first became due.

Notwithstanding anything herein, the Council from time to time may agree and contract with the owner of any private land who has granted the use thereof in perpetuity or for a limited term for the construction thereon of a water-race to have the use of any part of the water in a water-race, either without charge or on such terms and at such rates and charges as may be agreed upon between the Council and such owner.

All moneys accruing from or received in respect of any water-race shall be paid into the separate District Account of the County Fund, and shall be applied for the purposes hereinbefore mentioned.

Payment of rates and charges for water shall be made at the office of the Council, or at such other place as is appointed by the Council for that purpose, on such day or days in every year as the Council by resolution from time to time appoints; and any charges remaining unpaid for fourteen days after the day so appointed for payment thereof may be recovered by the Corporation as an ordinary debt to it in any Court of competent jurisdiction.

If the Council constitutes districts in the county in which different scales of charges are imposed for the supply of water from particular water-races or systems of water-races, or for convenience of administration or any other purpose, the water-supply charges raised in any such district may be wholly expended on the water-races in that district, notwithstanding that such district may comprise more than one of the ridings or parts of more than one of the ridings in the county.

Separate accounts shall be kept for each of such districts of the income and expenditure thereof in each year.

The Council may, in lieu of making by-laws fixing the charge to be paid for water in any district, make and levy on all lands in any district (other than those exempted under section thirty-four hereof) a separate rate to provide for the cost of maintaining and repairing any water-race within such district.

Every such rate shall be deemed to be a rate made under “The Rating Act, 1908.”

In respect of all water-races the Council shall have the following powers, and such powers may be exercised from time to time, that is to say:—

In case any such occupier or owner, upon demand in writing made upon him by the Council, or within such time after the making of such demand as the Council by resolution appoints, fails to pay at the office of the Council, or at such other place as is appointed by the Council for that purpose, the amount so allocated to be paid by him as aforesaid, the amount so allocated may be recovered by the Council as a debt due by such occupier or owner to the Council, in any Court of competent jurisdiction.

In case any person—

the Council may stop the supply of water to the land of such person and prevent him from using the water until he has ceased to make default or failure as aforesaid.

In addition to the powers elsewhere conferred by this Act, the Council is hereby authorised and empowered, so far as relates to all waters within or bounding the district,—

and generally to do and permit to be done anything necessary for the efficient use by the Council of the whole of the waters in any river or stream.

If any dispute arises between the Council and any other local authority respecting the user of the waters of any stream or river, such dispute shall be decided by arbitration, which shall be conducted in accordance with the provisions of “The Arbitration Act, 1908.”

The reference shall be to as many arbitrators as there are parties to the dispute, one to be appointed by each party, unless the parties agree to refer the matters in difference to a single arbitrator.

Where more than one arbitrator is appointed, the arbitrators shall be at liberty to appoint an umpire.

If any party to a dispute refuses to appoint an arbitrator, or to concur in the appointment of a single arbitrator where it has been previously agreed to refer the matters in difference to a single arbitrator, or neglects to make or concur in making such appointment, after notice in writing requiring it so to do has been served upon it by any other party to the dispute, such other party may appeal to the Minister of Public Works to appoint an arbitrator, or to concur in the appointment of a single arbitrator, in place of the party so refusing or neglecting as aforesaid; and the said Minister shall thereupon appoint an arbitrator, or concur in appointing a single arbitrator, in place of the party so refusing or neglecting as aforesaid, and the arbitrator so appointed shall have the like powers to act in the reference and make an award and otherwise as if the party so refusing or neglecting as aforesaid had appointed or concurred in appointing him.

Nothing herein shall be deemed to affect or lessen the powers conferred upon any Council by the last preceding section, or by any other Act, with respect to any river or stream within or bounding the district of a Council.

The Council may by special order appoint not less than five nor more than seven ratepayers, who shall have the management on behalf of the Council of any water-race vested in the Corporation, and for that purpose may confer on such managing ratepayers all or any of the powers of management possessed by the Council.

A notification in the Gazette, signed by the Chairman of the Council, shall be sufficient evidence of the appointment of such managing ratepayers and of the powers conferred on them.

Any such special order may from time to time be varied or rescinded by special order.

No such special order for the management of any such water-race by managing ratepayers shall be made unless a requisition signed by a majority of ratepayers supplied by such water-race has been received by the Council requesting that the management be given to such managing ratepayers.

Where a natural water-channel exists within a district the following provisions shall apply, anything in this Act or any other Act to the contrary notwithstanding:—

In case any water-race is no longer needed or is abandoned, the Council may sell or otherwise dispose thereof, and of the lands through which it passes if the same are the property of the Corporation, and of all the material appertaining thereto or forming part thereof, and the Council may execute all necessary documents and instruments to give effect to any such sale or the transfer of any easement.

Such sale or other disposition shall be by public auction or public tender after not less than sixty days public notice has been given weekly of the intended sale or disposition.

All proceeds of any such sale or disposition shall be paid into the District Account of the County Fund.

Where any land through which such a water-race passes is vested in the Corporation, the Council shall, before proceeding to a sale of such land under subsection one hereof, cause the same to be valued by a competent valuer, and shall offer such land at the price fixed by such valuation first to the person then entitled to the land from which such land was originally severed or of which it formed part; and if there is no such person, or if he refuses to purchase, or cannot after due inquiry be found, then such land shall be offered to the adjacent owner, or if there is more than one such owner, then to each of such owners in such order as the Council thinks fit; and if no such owner accepts such offer, then the land may be sold by public auction or public tender as aforesaid.

The Councils of any two or more counties may unite for the construction, use, maintenance, and repair of water-races constructed in any one or more of such counties.

All such water-races shall be deemed to be vested in the Corporation of such one or more of the counties as is agreed on between the Councils thereof respectively, or, in case of dispute, as the Minister of Public Works, at the request of any such Council, determines.

Such water-races shall be constructed, maintained, and repaired by and at the expense of the Councils of such counties in the proportion to be agreed on between them, or, in case of dispute, to be fixed by the Minister of Public Works.

In case the Council of any county refuses, neglects, or omits to maintain and keep in good repair the portion of such a water-race which is within such county, the Council of any other county interested in the water-race, at any time after seven days’ notice given to the Council making default, requiring it to make the necessary repairs, may do and execute all works, acts, or things necessary for such purpose, and recover from the defaulting Council all costs and expenses incurred in such maintenance and repair.

All moneys accruing from a water-race vested jointly in the Councils of two or more counties shall be divided between the county funds of such Councils, in such proportion as the several County Councils agree on, or in case they cannot agree, then in such proportion as the Minister of Public Works determines.

Every person who wilfully or maliciously destroys or injures, or does or permits or suffers to be done any wilful damage or injury to a water-race, or does or permits or suffers to be done any act whereby any reservoir, dam, weir, sluice, pipe, culvert, or other thing used for storing or supplying water is destroyed, broken, or injured, commits an indictable offence, and on conviction is liable to imprisonment for any term not exceeding three years with or without hard labour, or to such fine as the Court imposes not exceeding five hundred pounds, and in addition to pay the whole cost of restoring or repairing such damage or injury.

If any foul liquid or matter is thrown or poured or suffered to fall or flow into water being a part of or taken or used for supplying water to any water-race, from any works or manufactory, slaughter-yard, cowshed, stable, or piggery, the person carrying on or managing such works or manufactory, or having the charge or control of such slaughter-yard, cowshed, stable, or piggery respectively, or throwing, pouring, or suffering to fall or flow such matter into such water or water-race, is liable to a fine not exceeding one hundred pounds, and to a further fine not exceeding ten pounds for every day during which such offence is continued after he has received notice in writing from the Council to discontinue the same.

Every person who, without the consent in writing of the Council,—

is liable to a fine not exceeding twenty pounds for every such offence, and to a further fine not exceeding ten pounds for every day during which the supply of such water is so drawn off or diminished.

If any such person as aforesaid, after having received notice from the Council or any officer in charge as aforesaid, requiring him to restore the waters of such water-race, refuses, neglects, or fails for the space of twenty-four hours to comply with such notice, the Council may, at any time after the lapse of such period of twenty-four hours from the giving of such notice, execute all the works necessary to restore the said waters, and may recover from such person the whole cost of such works, together with the amount of any damage sustained by reason of the taking or diverting of such water.

No proceedings which may be taken by the Council against any such person as aforesaid shall prejudice or affect any other remedy, either civil or criminal, which it may have against him on account of the doing any such act as aforesaid.

Every person who does, permits, or suffers to be done any of the following things:—

is liable to a fine not exceeding twenty pounds for each such offence, and to a further sum equal to the cost incurred by the Council in repairing the injury done to any water-race, or any part thereof, by any such act.

Every person who does or causes or procures, permits, or suffers to be done any of the following things:—

is liable to a fine not exceeding five pounds for each such offence, and to a further sum equal to the damage sustained by the Council by any such act.

The Council may from time to time, in the manner provided by “The Counties Act, 1908,” make by-laws—

Any such by-law may empower the Council, in case the owner or occupier of land on which any water-race is situate, or the water of which he is at liberty to use, makes default in cleansing, repairing, or maintaining the same, to do the work and recover the cost thereof from such owner or occupier as a debt in any Court of competent jurisdiction.

Any such by-law ’may provide a fine not exceeding five pounds for any breach thereof, and where the breach is a continuing one, not exceeding five pounds for every day or part of a day during which such breach continues.

After conviction for any continuing breach the Council may apply to any Court of competent jurisdiction for an order restraining the further continuance of such breach by the person convicted.

The Council of the Borough of Greytown shall have all the powers, duties, and authorities conferred on a Council by this Act; and for the purpose of this section the following provisions shall apply:—

On receipt of a resolution passed by any two or more Road Boards representing road districts which adjoin each other within any county wherein “The Counties Act, 1908,” is not in operation or is suspended, the Governor, by Proclamation, may declare the whole or any part of such road districts to be a water-supply district under this Act by the name of “The Water-supply District.”

The Governor, by the same or any subsequent Proclamation, shall determine the number of members of the Water-supply Board (hereinafter called “the Board”), not in any case being less than one nor more than three, to be elected by each road district or part of a road district respectively forming part of the water-supply district.

In every water-supply district there shall be a Board consisting of not less than five nor more than nine members, whereof the members to represent each road district or part of a road district shall be elected respectively by the ratepayers of such road district or part of such road district, in the same manner as the members of Road Boards are elected from time to time.

All elections under this Part of this Act shall be conducted under “The Local Elections and Polls Act, 1908”; and the Governor may from time to time appoint Returning Officers for the first election and appoint the time and place for holding such election, and may do all things necessary for the formation of rolls, fixing polling-places, and otherwise for the conduct and completion of such election.

The members first elected shall come into office on their election, and shall hold office from such date until the election of their successors.

On some day in the last week of April in the year one thousand nine hundred and nine as is fixed by the Board, and on the same day in every third year thereafter, a general election of members of the Board shall be held, who shall come into office on their election, when their predecessors shall go out of office.

In the case of Boards hereafter constituted the first meeting of the Board shall be held on such day and at such place as the Governor fixes; and at such meeting the Board shall elect a Chairman, who shall hold office for so long as he continues to be a member of the Board, unless he previously resigns such office, in which case a new Chairman shall be elected by the Board.

Vacancies in the office of any member of the Board shall be created and filled in the same manner respectively as is provided in “The Road Boards Act, 1908,” with respect to members of Road Boards.

Every Water-supply Board shall be a Corporation under the name of “The Water-supply Board,” having perpetual succession and a common seal, with power to make, alter, or renew the same, and with power to purchase, take, hold, and transfer real and personal property, and to sue and be sued, plead and be impleaded, in any Court, and to do and suffer all other acts and things which a body corporate may lawfully do and suffer.

A meeting of the ratepayers of every water-supply district shall be held each year, on such day in the second week in April and at such place in the district as the Board appoints in that behalf by at least seven days’ previous notice, advertised in some newspaper circulating in the district; and at such meeting the Board shall submit a statement of the Board’s receipts and disbursements, and a report of its operations for the preceding year ending the thirty-first day of March.

Out of moneys received in respect of any water-race the Board may pay as travelling-expenses the actual cost of the fare by road or (unless he is the holder of a free pass) by railway incurred by any member of the Board in going to or returning from any meeting of the Board (other than committee meetings), when duly summoned to attend, or by the Chairman in travelling on the business of the Board: Provided—

Limitation.

Except as provided in this Part of this Act, every Water-supply Board shall have all the powers, duties, and authorities conferred on County Councils by Part I of this Act, which shall be read for such purpose as if the words “Water-supply Board” or “Board” and “water-supply district” or “district” had been inserted in such Part for the words “County Council” or “Council” and “county” or “water-race district” respectively wherever the latter words occur in the said Part and all other consequential alterations had been made.

In the exercise of any such power, duty, or authority every Water-supply Board shall have all the powers, duties, and authorities conferred on a Road Board by “The Road Boards Act, 1908,” and may exercise the same within any road district or part of a road district comprised within the limits of the water-supply district, notwithstanding any change or alteration in the boundaries of such road district or in the constitution thereof, and notwithstanding also the merger or abolition of any such road district.

No Water-supply Board shall have power to extend the boundaries of the district under its control, or to take possession of any water-races theretofore under the control of any Road Board, unless and until a poll of the ratepayers within the area of such proposed extension shall have been taken as provided under “The Local Elections and Polls Act, 1908,” upon the question of such proposed extension, and the same is sanctioned by two-thirds of the total number of such ratepayers, representing at least one-half of the rateable value of the area included within such proposed extension; and if any such proposal is affirmed by the requisite number of votes, representing not less than the rateable value aforesaid, then the Water-supply Board shall pay to such Road Board an amount equal to the total sum of all liabilities on the part of such Road Board in respect of such water-races as have been taken possession of as aforesaid.

In the districts of such local authorities or Water-supply Boards as the Governor, by Order in Council gazetted, names in that behalf the last preceding section shall be deemed to be amended by substituting the words—

in lieu of the words—

No such Order in Council shall be made except at the request of the local authority or Water-supply Board named therein.

The Governor may from time to time by Proclamation extend the boundaries of any water-supply district by adding thereto any road district or defined part of a road district adjoining the water-supply district:

Provided that no such Proclamation shall be made except on the petition of a majority of the ratepayers within the area proposed to be so added, nor unless the Water-supply Board, within two months after notice of such petition, signifies to the Governor in Council by resolution its assent to the prayer of such petition.

The Governor, by the same or any subsequent Proclamation, may determine, in accordance with the prayer of the said petition, how many additional members (if any) of the Water-supply Board shall be elected to represent the road district or part of a road district so added to the water-supply district, notwithstanding the fact that the total number of members of the said Board may thereby exceed the maximum number permitted by section sixty-seven hereof.

For the purpose of the first election of any such additional member or members the Governor may exercise the powers conferred upon him by the said section sixty-seven in the case of the first election of a Water-supply Board.

In any case where prior to the passing of “The Water-supply Act, 1891,” any Road Board had, under the powers then vested in it by virtue of “The Counties Act, 1886,” constructed water-races or irrigation-works the following special provisions shall apply:—

Nothing in the last preceding subsection shall be deemed to affect or interfere with any portion of any such road district which has been or is hereafter constituted part of a water-supply district under “The Water-supply Act, 1891,” or this Act, or to prevent the whole or any portion of such road district from becoming part of any such water-supply district; in any of which events this section shall not have any operation so far as respects the road district or portion thereof which forms part of a water-supply district.

Notwithstanding anything in this section, any Road Board which has constructed water-races under any Act in force prior to the passing of “The Water-supply Act, 1891,” shall have full power to make and levy water rates upon any land supplied with water by such races (notwithstanding that such land may be included in a water-supply district) until such time as the Board having control of such water-supply district is able to provide for such land a sufficient supply of water from races under its control.

Any Water-supply Board within the County of Eden shall have power to extend the boundaries of the water-supply district under its control so as to take in the whole or a portion of any road district adjoining such water-supply district, upon and subject to the conditions following:—

Such poll shall be taken upon the proposals following;—

The provisions of “The Local Bodies’ Loans Act, 1908,” shall, so far as applicable, apply in respect of the taking of the poll upon the proposals for such loan and special rate, and generally in respect of the raising of such loan and the making and levying of such special rate, and otherwise as by such Act provided; and the Water-supply Board of the water-supply district whose boundaries are proposed to be extended shall in respect of the area of such proposed extension be deemed to be the local authority thereof within the meaning and for the purposes of “The Local Bodies’ Loans Act, 1908”; and the area of such proposed extension shall be deemed to be a district within the meaning and for the purposes of such Act:

Provided that the said proposals shall be deemed to be carried if a majority in number of the valid votes recorded at such poll, representing not less than three-fifths of the rateable value of the rateable property (situated within the area of such proposed extension) of all the ratepayers whose votes are so recorded, vote for the proposals.

If such proposals are carried, upon receipt of such resolutions as aforesaid, and upon proof by affidavit of the Chairman of the Water-supply Board of such proposals having been carried, the Governor by Proclamation shall declare the boundaries of the water-supply district to be extended so as to include the area of such proposed extension, and thereafter the water-supply district and the area of such proposed extension shall form one water-supply district.

The Water-supply Board may raise upon the security of such rate or otherwise any amount not exceeding the sum sanctioned by any such proposals as aforesaid for the purpose of constructing water-races in the area of such extension, and such sum so raised shall become portion of the funds of the Water-supply Board, and the Water-supply Board shall have full power to levy and collect the said special rate in respect of such extended area.

In addition to the powers vested in a Water-supply Board by this Act, every Water-supply Board within the County of Eden which has heretofore constructed or hereafter constructs a water-race may make and levy water rates within its water-supply district upon the principle and according to the scale prescribed by section eighty-three of “The Municipal Corporations Act, 1908,” and may make by-laws in that behalf. The words “annual rateable value” in that section shall, for the purposes of this section, have the same meaning as “rateable value” as defined by paragraph (a) of the definition of “rateable value” contained in section two of “The Rating Act, 1908.”

Any such water rate shall be additional to any special rate levied by the Water-supply Board as security for any special loan.

Sections thirty-nine and forty hereof shall not apply to a water-supply district situate within the County of Eden.