This Act may be cited as the Town Boards Amendment Act, 1908 (No. 2), and shall be read with and form part of the Town Boards Act, 1908 (hereinafter referred to as the principal Act).

The town districts mentioned in Part I of the Schedule hereto shall, as from the coming into operation of the Town Districts Act, 1906, on the twenty-ninth day of October, nineteen hundred and six, be deemed not to form part of the county within the boundaries of which they are respectively situated.

The town districts mentioned in Part II of the said Schedule shall, as from the time of their constitution, be deemed not to form part of the county within the boundaries of which they are respectively situated.

If at any time hereafter the Governor is satisfied that the population of any town district (other than those mentioned in the Schedule hereto) exceeds five hundred, he may, on the application of the Town Board of that district, declare by Order in Council gazetted that such town district shall not form part of the county within the boundaries of which it is situated.

Every such Order in Council shall have effect on the first day of April next after the date of the Order.

Every Order in Council purporting to be made under the authority of this Act shall be conclusive as to its own validity.

Section nine of the principal Act is hereby repealed.

The provisions of section eleven of the principal Act shall extend and apply as between the Board of the town district and the Council of the county on the constitution of any town district as well as in any case where a town district ceases to form part of the county.

As from the time when a town district ceases to form part of a county every road within the town district shall become a town district road, and the control thereof shall vest in the Town Board and not in the County Council, and the Town Board shall thereafter bear the cost of making and maintaining all such roads.

With respect to the town districts mentioned in Part I of the Schedule hereto this section shall be deemed to have been in operation as from the commencement of the Town Districts Act, 1906; and with respect to the town districts mentioned in Part II of the said Schedule this section shall be deemed to have been in operation as from the time of their constitution respectively.

Subject as aforesaid, the control of all county roads within a town district shall vest in the Council of the county, which shall bear the cost of making and maintaining the same, but nevertheless every such road shall be subject to any by-law affecting the same for the time being in force made by the Town Board, as well as to any by-law made by the County Council; provided that, if those by-laws conflict, then those of the County Council shall to the extent of their inconsistency supersede those of the town district.

Nothing in this section shall affect the operation of Part VI of the Public Works Act, 1908.

Except in the cases mentioned in this Act, a town district shall be deemed to form part of the county within the boundaries of which it is situated, and the property therein shall be subject to the jurisdiction of the County Council.

In districts in which no sewage-works exist it shall be lawful for the Board, in lieu of raising a separate rate as mentioned in section sixty of the Public Health Act, 1908, to levy an annual fee on the occupier of every property on which a house is erected, but such annual fee shall in no case exceed one pound for any such property.