The counties mentioned in the Second Schedule hereto shall be deemed to have been constituted under this Act, with their respective boundaries and subdivisions (if any) as now existing; and the Council of every such county shall be deemed to be a County Council constituted and existing under this Act.

As regards each of the Counties of Awakino, West Taupo, East Taupo, Sounds, and Fiord this Act (excepting the last preceding section) shall not apply or be in force unless both Houses of Parliament pass a resolution that it shall come into force therein; in which case the Governor shall, as soon as practicable after the passing of the resolution, by Proclamation declare the day on which this Act shall come into force in the county named in the resolution, and shall also make provision for the matters mentioned in section twelve hereof as if such county were a new county.

With respect to each county constituted under this Act, and the Council thereof (but subject to the provisions of the last preceding section), the following provisions shall apply:—

Boroughs shall not form part of counties, and any area of a county which becomes a borough, or part of a borough, shall thereupon cease to form part of the county.

No new county shall be constituted (otherwise than by the union of two or more counties as hereinafter mentioned) except under a special Act.

No new county shall be so constituted as to contain parts only of any road district or town district.

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:

Provided that no such Proclamation shall be made except upon a petition from each of the counties proposed to be united, signed by not less than a majority of the county electors thereof, and public notice of such petition has been given in each of such counties before the same is presented to the Governor.

Upon the constitution of such united county the Governor shall divide the county into such number of ridings, with such names and boundaries, as he thinks fit, fix the number of members to be elected for each riding, and the day for the first election, appoint a Returning Officer for such election, and generally do all things he deems necessary in order to bring this Act into operation in the county.

On such union the following provisions shall have effect, that is to say:—

Ibid, sec. 27

On the constitution of any new county otherwise than by the union of counties the Governor shall exercise the powers conferred on him by subsection two of the last preceding section, but the number of ridings shall not exceed nine, and the number of members to be elected for each riding shall be fixed as nearly as may be in proportion to the rateable value of each riding.

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

Where an entire riding, or a part of a riding, is severed from a county, or where an entire riding and a part of a riding are so severed, the Governor may, if he thinks fit, according to the particular circumstances in each case,—

In the last two cases mentioned elections of additional members only shall be held, as if extraordinary vacancies to the number of such additional members had been created in the ridings affected by such increase.

On the constitution of any new county the Councils of the new county, and of the county or counties of which the new county was theretofore a part, shall by agreement provide for the following matters:—

Every 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 Controller and Auditor-General, or such other person as the Governor appoints, shall, upon the application of the Council of either the original or new county, hold an inquiry, and shall make an award as to the several matters mentioned in subsection one of this section.

Any such award may provide for all or any of the matters included in the subject for inquiry, and may declare in whom any property shall be vested, and by whom any moneys shall be paid, or other acts and things done, including the payment by either party of the whole or any part of the expenses of such inquiry; and the person making such award may make and give such directions generally as may be necessary for giving full effect to the objects of the inquiry.

Every such award shall be final, and shall from the date thereof have the operation of and be enforceable as and be held to be a judgment of the Supreme Court.

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

No alteration shall be made in the boundaries of any county except under a special Act:

Provided, however, as follows:—

The boundaries of a county shall not be so altered as that the county will contain parts only of a road district or town district.

When the boundaries of any countries are altered—

Apportionment of assets and liabilities. Ibid, sec. 39

If such Councils do not agree, the Controller and Auditor-General, or such other person as the Governor appoints, shall, on the application of the Council of either of the counties affected, hold an inquiry, and shall make an award as to the matters mentioned in the last preceding subsection.

The provisions of subsections four and five of section fifteen hereof shall apply in every respect to any award made under this section.

All property, real or personal, transferred from one county to another by any such agreement or award shall be deemed to have vested in the Corporation of the latter county on the coming into operation of the special Act by which the boundaries of the counties were altered, or, as the case may be, on the date of the gazetting of the Order in Council referred to in section sixteen hereof.

Neither the alteration of the boundaries of a county nor the constitution of any new county shall in any way affect the rights or interests of any debenture-holder 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 special or other rate made under this or any other Act.

Every county shall be divided into ridings.

Except in the case of a united county, the number of ridings in any county shall not exceed nine.

The ridings shall have such names and boundaries as are assigned to them under the provisions of this Act.

Every riding shall consist of one or more road districts, or one or more subdivisions of road districts, or of one or more town districts, or of one or more outlying districts, and in any case either together with or without one or more road districts, or one or more subdivisions of road districts, or one or more outlying districts or parts of outlying districts.

The Governor in Council may at any time and from time to time alter the ridings of any county when necessary to give effect to the last preceding subsection.

Any part of a county not included in a road district or town district shall be an outlying district.

Where the boundaries of any county are altered, the Governor may, if he thinks fit, by Proclamation redivide the counties whose boundaries are affected by such alteration into fresh ridings, and in each case new elections shall be held; or, without such redivision, may declare that any area added to such counties respectively shall be included in one or more ridings thereof.

If no 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.

The Council may from time to time by special order, for the purpose of adjusting the representation in the Council when the same is authorised or otherwise, alter the number of the ridings within the county, and the names and boundaries thereof, or of any of them, and the number, names, and boundaries of the outlying districts in the county; subject to the condition that the number of ridings shall not be more than nine, except in the case of united counties.

In the case of a riding represented by two or more Councillors, if such riding consists of two road districts, and if the alteration prayed for be such as to constitute two ridings, each being coterminous with one of such road districts, such alteration shall, notwithstanding the previous provisions of this Act, be made by special order:

Provided that if, before the confirmation of the resolution to make such alteration, a petition signed by not less than one-third of the ratepayers in either one or the other of the proposed new ridings is presented to the Council praying that such alteration be not carried out, then such special order shall not be made.

The Council shall, on some day in March preceding every general election, hold a meeting for the purpose of considering the representation of the different ridings, and shall, if necessary, adjust the same so that the representation of the several ridings shall, as far as possible, be proportioned to the rateable value and number of electors in each riding respectively

Notwithstanding anything in section ninety-eight hereof, a special order altering the boundaries of any riding or road district or subdivision of a road district shall, for the purpose of adjusting the representation of ridings under this section, take effect from the date of the gazetting thereof or from some day after the gazetting to be specified in such special order; but such special order shall not, for the purpose of preparing and adjusting valuation rolls, take effect before the time mentioned in the said section ninety-eight.

Where the boundaries of a road district or subdivision of a road district, or of a town district, are altered, or a new road district is constituted, or a road district or subdivision thereof or town district is merged in a county, whereby in any such case any one or more of the ridings of the county are not in conformity with the provisions of section twenty hereof, the Council shall, within one month from the happening of one or other of such events, by special order alter such ridings accordingly.

Such special order shall be of no force or effect until approved by the Governor; and if the Governor is of opinion that the alterations so proposed do not on the whole allow of a fair distribution of the members of the Council among the electors of the county, then he shall withhold his assent therefrom.

If no such special order is made within the said two months, or if the Governor withholds his assent therefrom, then the Governor, by Order in Council gazetted, may make such alteration as he thinks fit to give effect to this section.

Every special order made by the Council whereby the boundaries of any road district are altered shall redefine the boundaries of every road district and subdivision of a road district affected by such alteration.

The Governor or the County Council may from time to time as occasion requires issue any Proclamation. Order in Council, or special order, without observing the formalities of this Act, for the purpose of rectifying any misdescription or insufficient description of the boundaries of any riding in a county, or of any road district or subdivision of a road district therein.

Where not less than three-fourths of the area originally included in a riding has been included in any one or more boroughs, such riding shall cease to be a riding of the county, and the member or members representing the riding shall cease to be a member or members of the Council; and any portion or portions of the ridings not included in a borough shall be added to any one or more of the ridings of the county, in such manner as the Council determines.

Nothing in this Act shall in any way affect the rights or interests of any creditor of a county or of the Council thereof, if such creditor is secured by a special rate on the rateable property in any riding from which a part has been taken either to form a new riding or to be added to an existing riding, or shall relieve the ratepayers for the time being in the area comprised in such first-mentioned riding from their liability to pay any special rate made under any Act as a security for a loan.

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

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

If any petition for the merger of a road district under the last preceding section includes a prayer that the Council may, if necessary, levy a separate rate within such road district for the purpose of providing for any outstanding liabilities of the Road Board thereof, and no counter-petition is presented as aforesaid, then the Council shall forthwith make a special order merging such road district in the county.

If such special order is not made within two months after the petition is received by the Council, the Governor, on similar petition from the ratepayers of the road district, may abolish such district by Proclamation and declare the same merged in the county.

Upon a petition containing a special prayer in that behalf, a road district may be merged in a county under the provisions of section thirty-two hereof, subject to the stipulation that a general rate for county purposes, not exceeding three-farthings in the pound on the rateable value of the property within the limits of such road district when merged, shall be levied therein, and that, in addition thereto, a rate not exceeding three-farthings in the pound on such value as aforesaid shall in each year be levied by the Council within such limits, and be therein exclusively expended on the district roads after deducting the cost of levying and collecting such last-mentioned rate, and paying interest or otherwise liquidating liabilities of such road district.

Where a town district in a county has less than one hundred resident householders, the Council, on the petition of a majority of such householders, shall by special order declare the Town Board of such town district to be dissolved and the town district to be merged in the county.

When any road district or town district is merged in a county,—

Where a road district is abolished by any Act and a county constituted in substitution therefor, then, if no specific provision is made for dealing with the assets and liabilities of such road district, the provisions of this section shall apply as if the road district had been merged under this Act.

Whenever the ratepayers or the Board of a road district or town district have a right to elect or nominate a member of any other local body, then upon the merger of such district into the county the Council of the county in lieu of such Board, or the electors of the county in lieu of such ratepayers, shall be entitled to elect or nominate a member in respect of the merged district.

Whenever the county electors of a whole county or of any of its ridings are entitled as aforesaid, such electors respectively may exercise such right, notwithstanding the suspension of this Act in such county.

Whenever the Council of any county in which this Act is suspended is entitled as aforesaid, the Chairmen of the Road Boards and Town Boards becoming ex officio Councillors of the county shall be entitled to make such election or nomination, as the case may be.

In every case where there is a failure to exercise the derivate right of election or nomination as mentioned in this section the Governor may appoint any person as member of the local body with respect to which the failure occurred, whenever the fact of the failure is brought to his notice, notwithstanding that the proper time for election or nomination may have passed.

The person so appointed shall for all purposes be a member of the local body to which he is appointed as though he had been elected or nominated at the proper time and in the proper manner.

The inhabitants of every county shall be a body corporate, under the style of “The Chairman, Councillors, and Inhabitants of the County of  ,” and by that name shall have perpetual succession and a common seal, and shall be capable of holding real and personal property, and of doing and suffering all things that bodies corporate may do and suffer.

In every county there shall be a governing body, consisting of a Council elected as hereinafter mentioned.

The body corporate of a county shall act by the Council of the county, and the Council shall exercise all powers vested in the Corporation by this Act or otherwise.

Every contract, debt, or other liability entered into or incurred, and every act or thing done or suffered, by the Council under this or any other Act, shall for all purposes be deemed to be the contract, debt, liability, or act of the Corporation represented by the 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.

Subject to the provisions hereinafter contained with respect to the defaulters list, every person whose name appears on the valuation roll of any road district or town district or outlying district in respect of rateable property within a riding (or if there is no valuation roll of such outlying district, then on the hereinafter-mentioned list of electors of such district), or on the hereinafter-mentioned list of miners’ rights for such riding, 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 Council for the riding in which he is enrolled according to the following scale, that is to say:—

In any case where there is more than one person appearing on the valuation roll as the occupier of any one property, then, for the purpose of voting, only the person whose name appears first on such roll shall be entitled to vote in respect of such property.

The provisions of this section shall, mutatis mutandis, apply to the list of electors of an outlying district.

No person shall be entitled to vote in virtue of being the holder of a miner’s right at any election for any riding unless his name is on the roll of the county electors for such riding in virtue of such right, and he is resident and has been continuously resident in such riding during the two months immediately preceding the nomination of candidates for such election.

The holder of a miner’s right shall have one vote, and no more, in respect of such right, and no person shall be entitled to vote by virtue of a miner’s right who is entitled to vote in any part of the county in respect of rateable property.

The Returning Officer may, and if so required by any scrutineer shall, before allowing the holder of a miner’s right to vote, put to him the following question:—

If any person knowingly and wilfully gives a false answer to the above question he shall be liable to a fine not exceeding ten pounds, and any person not answering such question in the affirmative shall not be permitted to vote.

The Clerk shall, on or before the twenty-second day of April in each year, make out from the rate-book a list, in alphabetical order, of surnames (called “the defaulters list”), of the names of all persons in the several ridings of the county who have not, on the thirty-first day of March last past, paid all the rates that on or before the thirty-first day of December previous they were then liable to pay.

The Clerk shall, on or before the twenty-second day of April in each year, cause a roll to be prepared for each riding in the county, in the form numbered (1) in the Third Schedule hereto, containing the names, arranged in the alphabetical order of their surnames, of all the county electors in such riding, omitting therefrom the name of every person whose name is on the defaulters list, 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 numbered (2) in the Third Schedule hereto, of all persons in each outlying district in the county who, if such district were included in a road district or town district, would be entitled to be placed on the valuation roll of such road or town district; and shall place the names of such persons on the electors roll of the riding in which such outlying district is included, and shall assign to each such person the number of votes to which he would be entitled as such ratepayer:

Provided that it shall not be necessary to prepare such list in cases where there is a valuation roll for the outlying district.

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

Every Receiver of Gold Revenue, or other person empowered to issue miners’ rights in any riding, shall, on or before the seventh day of April in each year, prepare and send to the Clerk 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 March previous.

Where the name of any person appears on the valuation roll of two or more road districts, town districts, or outlying districts, or on any such roll and on any list of miners’ rights, his name shall be entered in one place only on the roll of the riding; but if his qualifications are in respect of rateable property he shall be entitled to as many votes as though all such qualifications were in one such district.

For the purposes of this section the list of electors of an out-lying district shall be deemed to be a valuation roll.

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

Any person who considers himself aggrieved by reason that—

may, on or before the last day of May, apply for relief to a Magistrate at the Magistrate’s Court nearest to the place where the roll of the riding is kept.

The Magistrate shall by public notice appoint a time and place, on or after the first day of June, at which he will sit to hear all such applications, and may summon the Clerk of the Council, or any other person whose evidence may be deemed necessary, to attend at such time and place; and, after making due inquiry and on proof being given to his satisfaction, may order the Clerk

The Magistrate may also order the Clerk to correct any mistakes and supply any omissions proved to the satisfaction of the Magistrate to exist in the roll with respect to the name or abode of any person, or the description of any property, and also any clerical mistakes or printer’s errors appearing therein.

The Clerk shall make all such alterations in the roll accordingly, and the Magistrate shall initial every such alteration therein.

The Magistrate may from time to time adjourn the hearing of the matters aforesaid, but not to any day later than the twentieth day of June.

The roll so corrected shall be signed by the Clerk, 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.

If any person whose name is on the defaulters list, or the entry of whose name on the roll is appealed against on the ground that he has not paid his rates as above provided, pays such rates at any time before the roll is signed by the Clerk as aforesaid, his name shall be placed on the roll and erased from the defaulters list.

Where a county is redivided into ridings, or where the boundaries of any riding or ridings are so materially altered as to render it necessary to make up new rolls, the Clerk shall forthwith make up from the electors rolls in force in the several ridings of the county new electors rolls for each such new riding, or for each riding affected by any alteration as aforesaid, and shall place on the new roll of each such riding the name of each elector who appears from the respective rolls in force to be entitled to be placed thereon, and shall assign to each the number of votes to which he is entitled under this Act.

Where the boundaries of a county are altered by the dissolution of a borough, or otherwise in any way so as to include any adjoining district, the Clerk shall forthwith make up from the electors rolls in force in the several ridings affected by such alteration, and from the electors or ratepayers rolls in force in such district immediately prior to such alteration, new electors rolls for such ridings, and shall place on each such new roll the name of each elector who appears to be entitled to be placed thereon, and shall assign to each the number of votes to which he is entitled under this Act.

Where a new county is constituted, or two or more counties are united, such person as the Governor appoints shall forthwith make up new rolls in the same manner, mutatis mutandis, as mentioned in the last preceding section.

The electors rolls made under the three last preceding sections, when signed by the Clerk, or by such person as the Governor appoints, as the case may be, shall be the electors rolls for the ridings or riding until new rolls are made up in accordance with this Act.

Any written or printed copy attested by the Clerk, or by such person as the Governor appoints as aforesaid, to be a correct copy of the electors roll for any riding, or of any roll of electors formed under this Act, shall, unless the contrary is proved, be proof that the roll has been duly made, and no defect in the title to office of any person making, correcting, or signing any such roll shall invalidate the roll.

Where from any cause the electors roll for any riding is not made out and completed so as to come into force at the time prescribed by this Act, the electors roll for that riding for the year preceding shall be in force for the year for which a roll has not been made out and completed as aforesaid.

The Council shall consist of not less than six nor more than nine. Councillors, except in united counties, where the number may be equal to the number of ridings.

There shall be at least one Councillor for each riding.

The Council may from time to time by special order alter, within the limits aforesaid, the number of the Council and the number of Councillors to be elected by each riding as it thinks fit.

Such special order shall come into full force only at a general election of the Council, except in so far and to such extent as may be necessary for preparing any roll or otherwise providing for such election.

The Councillors shall be elected by the electors of each riding of the county in the manner prescribed by “The Local Elections and Polls Act, 1908.”

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

Except as aforesaid every elector is qualified to be a Councillor.

If any person does any act as Councillor or Chairman, being incapacitated—

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

Any Councillor may resign his office by writing under his hand addressed 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, or becomes incapacitated under section sixty-two hereof, his office shall be vacant, and such vacancy shall be deemed to be an extraordinary vacancy.

The general election of the Council shall be held triennially on the second Wednesday in November, and the first general election under this Act shall be held on the second Wednesday in November in the year one thousand nine hundred and eight.

In the case of a new county or a united county, when the day of the first election is fixed by the Governor as hereinbefore provided, the Council then elected shall hold office until the then next general election as above provided.

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.

If any person is elected 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.

The first general election of the Council in a new county, or where two or more counties are united, shall be held on a day to be appointed by the Governor.

The Governor shall appoint a Returning Officer for the purposes of every such election, and generally shall do all things necessary to bring this Act into operation in such county.

The Council elected on the day so appointed shall, subject to the next succeeding section, hold office until the then next general election of Councillors under this Act.

The Minister of Finance 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 any such county; and in the case of each county the amount of such advance shall be deemed to be a debt due to the Crown, and may be recovered from the Corporation of the county accordingly, or deducted from any moneys at any time payable to such Corporation by the Government.

Where an election of the whole Council takes place within six months of the time fixed for the triennial general election of Councillors, it shall not be necessary to hold such general election; and the Councillors in office at the time appointed for such general election shall remain in office till the next succeeding triennial general election.

On the happening in a county of any of the events mentioned in this section fresh elections of Councillors shall be held, as hereinafter provided, in like manner as if extraordinary vacancies had occurred in the offices of the Councillors by resignation in the respective cases mentioned, that is to say: —

In any county wholly divided into road districts and town districts, or wholly into road districts, the Council may from time to time pass a special order, upon petition, to the effect that the Chairmen of the Road Boards and Town Boards, the districts of which are situate within such county, shall be Councillors of the county.

On the coming into force of such special order the members of the Council then in office shall cease to hold office: and thereafter, and until such special order is revoked, the Chairmen for the time being of the said Road Boards and Town Boards shall be Councillors of the county, and, if their number is six or more, shall form the Council of the county, anything in this Act as to elections, number of Councillors, or otherwise to the contrary notwithstanding.

Any such special order may at any time be revoked by another special order made upon petition, which special order shall fix a date for the election of Councillors by the electors, and the Councillors then elected shall hold office until the then next triennial general election.

If in any county in which Chairmen of Road Boards or Town Boards are ex officio Councillors pursuant to any special order under the last preceding section there are in the whole more than nine road districts and town districts, the number of Councillors shall be reduced to nine by the retirement of so many of such Chairmen as may be necessary to reduce the number of Councillors to nine; and the Chairmen so to retire shall be decided by lot in such manner as they determine among themselves.

If the number of such districts is less than six, then the number of Councillors shall be made up to six by the election of as many members of the Road Boards or Town Boards whose districts are comprised within the county as may be necessary to make up the number to six.

Such election shall be hold and conducted on such day and in such manner as the Road Boards and Town Boards agree on, or, failing such agreement, as the Governor in Council prescribes by regulations, which he is hereby empowered to make.

At any such election each Road Board and Town Board shall exercise one vote only for each vacancy.

Any regulations under this section may be made from time to time, and may be either general or applicable to any particular election, or to any particular county or counties.

On 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, a Magistrate exercising jurisdiction in or near to 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 on the return of such summons it appears to the Magistrate, on affidavit or oral evidence on oath, that such person is incapable under the provisions of this Act of holding the said office, the Magistrate may adjudge such person to be ousted of the same, and he shall be ousted of such office accordingly.

In any such proceeding the Magistrate may exercise all the powers he may exercise in his ordinary jurisdiction in civil cases, and any affidavit made or used in the proceeding may be sworn before any person authorised to take affidavits in the Supreme Court.

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

The Chairman of the county shall be elected by the Council from amongst its members at its first meeting, and thereafter at the annual meeting in every succeeding year:

Provided that in counties wherein this Act is suspended the election shall be held at the annual meeting mentioned in section one hundred and ninety-seven hereof.

At every meeting for the election of a Chairman the Clerk shall preside, and in any case of an equality of votes shall determine the election by lot in manner as the Council directs.

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, or if he becomes incapacitated under section sixty-two hereof, 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 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.

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.

If the Chairman is absent from any meeting, the Councillors shall elect some member present to be chairman of that meeting, who shall have and may exercise at that meeting all the functions of the Chairman.

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 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 where the number is even, and of a majority where the number is odd; and no business shall be transacted at any meeting unless a quorum is present.

No Councillor or Chairman shall vote on or take any part in the discussion of any matter before the Council in which he has directly or indirectly, by himself or his partner, any interest apart from any interest in common with the public.

Every Councillor or Chairman who knowingly offends against this section is liable for every such offence to a fine not exceeding fifty pounds, and on conviction his seat in the Council shall become vacant.

The Council may from time to time vote such reasonable sums as it deems sufficient to defray the actual travelling-expenses only of Councillors coming from a distance exceeding three miles to attend meetings of the Council.

A Councillor or Chairman voting upon any such question shall not thereby become liable to any fines under the last preceding section.

No sums shall be voted or paid as travelling-expenses to Councillors attending meetings of committees of the Council.

The Council may from time to time vote the actual travelling-expenses of the Chairman when travelling on the business of the county, but such expenses shall not in any one year exceed one hundred pounds.

The Council may pay to the Clerk of each Licensing Committee within the county such sum as the Council from time to time determines.

Any meeting of the Council may be adjourned to another day not later than seven days thereafter; and notice of such adjourned meeting shall be given to each Councillor.

If a quorum is not present within half an hour of the time appointed for any meeting, the Chairman or Councillors, or Councillor if there is only one present, or the Clerk if no Councillor is present, shall postpone the meeting either to a later hour on the same day or to the next day at the usual hour of meeting, of which no notice need be given.

A postponed meeting may be adjourned, but not postponed.

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, for inquiring into the conduct of contractors or other persons employed by the Council to execute works, and into the state and progress of such works, 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 for sufficient cause, of which it shall be the sole judge, may exclude strangers altogether from any meeting, or, upon motion made, when the Council sits in committee of the whole Council.

The Chairman may order any constable or officer of the Council to exclude or remove any stranger from any meeting on account of noisy or disorderly conduct, or intoxication.

No extraordinary business shall be transacted at any ordinary meeting unless due notice thereof has been given at a prior meeting, or forwarded to the Chairman or Clerk ten days at least before the meeting at which it is to be brought forward, and notice thereof in writing sent to each Councillor.

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 the same meeting by the unanimous vote of the members present when it was passed, or at a subsequent meeting by the vote of a majority of the members present thereat:

Provided that at least seven days’ notice of such subsequent meeting, and of the proposal to revoke or alter such resolution, shall be given to each Councillor.

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

Every notice of a special meeting shall be in writing under the hand of the Clerk, and shall be sent to each Councillor seven clear days at least before such meeting.

In the case of extraordinary business to be brought before an ordinary meeting, or of a special meeting, or of a proposal to alter or revoke a resolution, the notice of the meeting 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 any such committee.

The Council may from time to time similarly appoint and discharge executive committees for such special purposes as it thinks fit, and may regulate the action of any such committee and prescribe the functions it shall exercise.

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.

No business shall be transacted at any meeting unless a quorum is present.

All questions shall be determined by a majority of votes of the members present, and in case of equality of votes the chairman shall have a second or casting vote.

No proceeding of the Council or of any committee, or of any person acting as Councillor, shall be invalidated by reason only that at the time of such proceeding there was a vacancy in the number of Councillors, 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 any such person was incapable of being a Councillor.

The Council may from time to time by resolution regulate the meetings, proceedings, debates, and general conduct of the business of the Council, and the duties, duration, and conditions of service, and the salaries or other remuneration of officers and servants of the Council.

The Council may from time to time provide and maintain public offices within the county, or, if more convenient, beyond 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 observed 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 report made by a committee.

The minutes and proceedings of every meeting shall be read at the next succeeding ordinary meeting, 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 so kept, or an extract thereof certified as correct by the Chairman, shall be received as evidence of such proceedings, and the validity of all such proceedings shall be presumed unless the contrary is proved.

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

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

In publicly notifying the resolution making any special order it shall not be necessary to set forth the whole of the proposed order if the object or purpose of the same is stated in the notice, and if a copy of the proposed special order is deposited at the office of the Council and, if the Council thinks fit, at some other place or places in the county or part of the county specified in the notice, and is open to the inspection of the public during office hours for at least twenty-one days immediately preceding the day appointed for the holding of the subsequent meeting.

A copy of every special order making any alteration in the boundaries of a riding or road district, or subdivision of a road district, in a county, with a certificate signed by the Chairman or Clerk to the effect that the same has been duly made, shall be sent to the Minister of Internal Affairs, and shall be immediately gazetted by him, and shall take effect only from the close of the financial year in which the special order is gazetted, if gazetted on or before the first day of October, or from the close of the next following financial year if gazetted after the first day of October.

Every such special order shall be inserted in the Gazette free of charge.

Except as aforesaid or as expressly required by Act, no special order shall require to be gazetted.

A copy of any special order, sealed with the common seal of the Corporation, shall for all purposes be received as evidence of the same having been duly made in accordance with this Act.

No special order shall be quashed by proceedings in any Court or otherwise unless such proceedings are commenced within six months from the making of the special order.

Where the Council is empowered and directed to make any special order upon petition, and a petition is duly presented to the Council praying it to make a special order such as may be made under this Act, then, if for three months after the presentation of such petition the Council refuses or neglects to make the special order, except on the ground that the special order is not one that may be lawfully made under this Act, or that the procedure of this Act as to petitions has not been complied with as regards such petition, the Governor in Council, on being satisfied that a petition such as is required by this Act has been duly presented to the Council, and that the special order prayed for may be lawfully made, shall make such special order; and the same, when gazetted, shall have the same force and effect as if it had been made by the Council.

Any summons or notice, or any writ or other proceeding, requiring to be served upon the Corporation or Council may be served by leaving the same at the offices of the Council or by delivering the same to the Chairman or Clerk in person.

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.

In all proceedings in which the Council is concerned under any Act relating to rating or to bankruptcy, and in all proceedings before any Magistrate or Justice, the Clerk, or any person from time to time appointed by the Council for the purpose, may appear and act on behalf of the Council.

The Council may from time to time appoint a Treasurer, Clerk, Surveyor, valuers, collectors, and such other officers to assist in the execution of this Act as it thinks necessary; and may from time to time remove any of such officers and appoint others in the room of such as are 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 it thinks reasonable.

One person may hold two or more of such offices.

No Councillor shall be capable of holding any such office unless without remuneration.

The Council may from time to time make by-laws for any of the purposes for which the Council is empowered to make bylaws under this or any other Act, or for any matter concerning the good rule and government of the county, and for any purpose specially provided for by any other Act.

By any such by-law a fine of an amount in the discretion of the Court inflicting the same, but in no case exceeding five pounds, may be imposed for the breach thereof, and where the breach is a continuing one a fine may be imposed not exceeding five pounds for every day or part of a day during which the breach continues.

A by-law may be made to apply to the whole county or to any part of the county specified in such by-law.

Without prejudice to the general powers conferred by the last preceding section, the Council may make by-laws on any matter mentioned in the Fourth Schedule hereto.

The Governor may by Order in Council declare that, in addition to the powers under the last preceding section, the several Councils of the following counties—

are respectively authorised from time to time to make by-laws under this Act to provide for the licensing of all vehicles drawn upon or along any road within the county, and to prevent unlicensed vehicles using any of the said county roads, and for appointing the several sums to be paid to the county fund for the licensing of vehicles as herein mentioned; which sums may be appointed to vary in respect of different classes of vehicles, the number and species of animals used in drawing the same, the weight of the load laden on such vehicles, the width of the tires of the wheels, or the number of passengers to be carried respectively.

No vehicle shall be entitled to any exemption from being licensed as aforesaid by reason of carrying His Majesty’s mails if any goods, merchandise, or passengers are conveyed in the same vehicle.

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

Ibid, sec. 294(3)

A copy of any by-law, scaled with the common seal of the Corporation, shall be received as evidence of the same having been duly made as provided by this Act, unless the contrary is proved.

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

A Council may join with any other County Council or Borough Council in making by-laws that shall be in force throughout the counties and boroughs within the jurisdiction of the Councils making the same:

Provided that this power of joining with a Borough Council shall be exercisable only as regards matters on which Councils of counties and of boroughs have similar powers of making by-laws.

Where two or more Councils agree to make joint by-laws as aforesaid, they may do so either by holding separate meetings of each Council and passing similar special orders, or by meeting together either by one or more delegates from each Council, in which case the voting shall be by the delegates of each Council, or the majority of them, exercising one vote on behalf of the Council they represent.

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

For every county there shall be a fund called “the County Fund,” consisting of—

All such moneys shall be carried to an account to be called “The County Fund Account,” and 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 the Council is by this or any other Act empowered or required to do or perform.

Where any mining district or part thereof is within the limits of a county, the following provisions shall apply:—

The Governor in Council may from time to time delegate to any local body all or any of the powers he possesses for collecting the revenues to which this section applies, and such delegation may be subject to such conditions and regulations as the Governor in Council thinks fit to prescribe.

The Clerk or other proper officer of the Court in which any fine under this Act, or any by-law thereunder, or any Act incorporated therewith is 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 fine is imposed was committed.

Where any such fine is by law required to be paid in stamps, and has been so paid, the Clerk of the Court, or such other officer as aforesaid, shall certify to the Minister of Finance the amount thereof, that it has been so paid, and the name of the Council entitled to receive the same; and thereupon the said Minister, without further appropriation than this Act, shall pay the same out of the Consolidated Fund to the County Fund of the county.

All moneys of the Corporation amounting to ten pounds and upwards shall, within seven days after they have come to the hand of the proper officer of the Council, be paid into such bank as the Council from time to time appoints, to an account to be called “The County Fund Account of the [Name of the county],” hereinafter called “The County Fund.”

No moneys shall be drawn out of such account save by cheques signed by the Treasurer of the Council and countersigned by any two of such of the Councillors as are from time to time authorised by the Council to sign cheques.

All moneys owing by the Corporation of the County shall be paid in cash or by cheque, and not otherwise.

All moneys paid or purporting to be paid by the Council by promissory note or bill shall be deemed to be moneys unlawfully paid within the meaning of section one hundred and forty-two hereof, and may be recovered in the manner mentioned in that section.

The Council may from time to time, as it thinks fit, make and levy general rates on all rateable property within the county for carrying into effect the general purposes of this Act, but the total amount of such rates levied in any year shall not exceed the maximum general rate hereinafter mentioned.

The maximum general rate that may be made and levied in any year shall be,—

The Council shall make and levy the general rates separately in each riding of the county in accordance with the expenditure required to be provided in the riding.

Any such general rate may vary in the several ridings, but so that the total amount of the general rates made in any one year in any riding shall not exceed the prescribed maximum rate.

There shall be deducted from such general rates the cost of collecting the same, and a proportionate part of the cost of the general expenditure of the county and of its liabilities, as set forth in paragraphs (a), (b), and (c) of section one hundred and twenty-eight hereof; and the remainder of the rates shall be expended for the benefit of the riding wherein they were levied.

The Council may from time to time, either in addition to or in lien of any general rate, make and levy rates (to be called “separate rates”) upon all rateable property within any riding of the county; or it may by special order make and levy any such rate upon all rateable property within such portion of the county as is defined in the special order:

Provided that the total amount of separate rates and general rates together shall not in any one year exceed the amount of the maximum general rate hereinbefore mentioned.

From every such separate rate there may be deducted such sum as is, in the opinion of the Council, necessary to defray the cost of making and levying the rate and of the supervision and clerical work necessary in connection with the expenditure thereof.

The amount so deducted shall form part of the ordinary revenue of the county.

The remainder of the separate rate shall be applied to the special purpose (if any) for which it was levied, and shall be expended wholly within the riding or portion of the county within which it was levied.

Where the Council itself undertakes or contracts for the removal of house refuse, or the supply of dry earth or deodorising substances for or the cleaning of closets, privies, or cesspools not connected with any public drain, for the county or any part thereof, the Council may in respect thereof make and levy a separate rate not exceeding in any one year one halfpenny in the pound on the capital rateable value of the rateable property in the county or part thereof:

Provided that such rate shall be levied only upon such properties as have a house or houses erected thereon.

In lieu of making any such rate the Council may levy a uniform annual charge, but so that the total proceeds thereof shall not exceed the proceeds of such rate. Such charge shall be recoverable in the same manner as if it were a rate.

Where it appears to the Council that any particular work the Council is authorised to execute, whether within or out of the county, will benefit the whole county, but that the cost thereof cannot conveniently be defrayed out of the general or separate rates, the Council may in like manner, for defraying the expenses incurred in executing such work, by special order make and levy a special-works rate on all rateable property within the county; but the total amount of all special-works rates made for any one year in the county shall not exceed three farthings in the pound.

Before making any such rate the Council shall cause an estimate to be prepared of the cost of the proposed work and the amount of the rate proposed to be levied, and shall give thirty days’ public notice thereof.

Every special-works rate shall be applied towards the expense of the works for the execution of which it was levied:

Provided that a similar deduction may be made from the amount thereof as is hereinbefore provided in the case of a separate rate, and shall be applied in a similar manner.

Where it appears to the Council that any work the Council is authorised to execute is for the special benefit of any particular portion of the county, the Council may in like manner, for defraying the expenses incurred in executing such work, by special order distinctly defining such portion, make and levy a special-works rate on all property within the portion so defined, subject to the same limitations and conditions as mentioned in the last preceding section, save that the public notice shall in such case contain a description of the portion of the county in which the rate is proposed to be levied.

No special order shall be made under this or the last preceding section unless upon petition.

Nothing in this or the last preceding section shall affect the power of the Council to levy a special rate under the next succeeding section.

For the purpose of providing the interest or 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.

With respect to all such special rates the provisions of “The Local Bodies’ Loans Act, 1908,” relating to special rates shall apply.

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

The Council may by special order delegate to the Board of any road district or town district in the county all or any of the powers hereby conferred upon the Council of making and levying rates within the district of such Board, subject to such conditions or stipulations as to the payment of the expense of such making and levying, and also as to the expenditure of the moneys received from such rates, as may be agreed upon between the Council and the Board.

Upon a special order being made under this section, the Board mentioned therein shall have and may exercise all and singular the powers hereby or by any other Act conferred upon and vested in the Council, of making and levying such rates as are referred to in such special order, subject to such special conditions as are referred to therein.

The Council may, in anticipation of its ordinary revenue, from time to time borrow moneys from the bank by way of overdraft.

The amount of such overdraft shall never at any time exceed the total amount of the receipts of the County Fund during the preceding financial year, not including any moneys received by way of grant from the Government, or any moneys borrowed, or any moneys received for separate rates.

It shall not be lawful for the Council to borrow moneys under this section, or to enter into any engagements or contracts, whereby the total liabilities of the Council (exclusive of all loans lawfully raised and debentures lawfully issued), at the end of any financial year, exceed the ordinary income of the Council for that year.

The limitation of the Council’s power to borrow fixed by this section shall not be interpreted to affect the right of any bank to be repaid out of the County Fund any moneys advanced in good faith to the Council by the bank.

It is hereby declared that the Council may by special order, and without taking any poll, borrow and raise by way of special loan money sufficient to clear off any overdraft as existing on the thirty-first day of March, one thousand nine hundred and four.

After the extinction of any such overdraft under the provisions of this section it shall not be lawful for the Council to owe to its bankers on overdraft at the end of any financial year any sum exceeding the amount of revenue for that year then outstanding and uncollected.

The Council of any new county may, on its first constitution, in anticipation of its current revenue, borrow moneys from any bank by way of overdraft, but the amount of such overdraft shall not exceed the total amount of its estimated receipts for the period of twelve months next after the first constitution of such county, exclusive of any moneys received by way of grant or subsidy from the Government, or any moneys borrowed, or any moneys received from separate rates:

Provided that this section shall not apply to the new county until the whole of this Act has been brought into force within the county.

The Council shall in each year apportion the gross estimated income of the county from all sources in the manner following, that is to say:—

If in any year an apportionment as aforesaid cannot from any cause be made among the ridings, and any riding receives in such year any more or less than the proportion it ought to receive, then such riding shall in succeeding apportionments receive such an increased or reduced proportion of income as may be just.

Separate accounts shall be kept for each riding in the county of the income and expenditure thereof in each year, and to the said account shall be placed the amount of the county income apportioned to that riding, which amount shall be expended in works in that riding.

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 Corporation, 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 receipt 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, together with the bank receipt therefor.

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 subsection three of this section the number of the receipt given by him 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 moneys are 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 Corporation 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 authorised 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 to be rendered, 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 authorised 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 the case may be.

If such person neglects or refuses to obey such order he may be committed to prison by any Justice for any period not exceeding six months.

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

The Council may employ—

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 following heads:—

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 are 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 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.

The Audit Office shall be the auditor of the accounts of the Council.

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 Audit Office a balance-sheet, being an abstract of receipts and expenditure on each of such accounts for the six months ending on each of such days respectively.

The Audit Office shall forthwith examine the said half-yearly abstract and shall compare the same 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 also shall, within fifteen days after receiving the said half-yearly balance-sheet, certify to the same either wholly or with such exceptions as the Audit Office thinks fit, and return it to the Treasurer, who shall forthwith publish the same in the county.

If the Treasurer refuses or neglects to duly comply with subsection two hereof, or if he or any other person having the custody or control of any books or papers which the Audit Office is hereby empowered to examine refuses to produce the same, or in any way obstructs the Audit Office in the examination thereof, he shall be liable to a fine not exceeding fifty pounds.

On or before the fifteenth day of April in each year the Treasurer shall prepare and send to the Audit Office a yearly balance-sheet, being an abstract of all the transactions in each of the accounts above mentioned during the preceding financial year, together with the statements following:—

The Audit Office shall examine such yearly balance-sheet and statements and certify to the correctness thereof either wholly or with such exceptions as it thinks fit, and shall send the same to the Council on or before the thirtieth day of April, and the Chairman shall forthwith publish the same in the county, with the exceptions (if any) of the Audit Office.

If such yearly balance-sheet and statements, with the certificate thereon of the Audit Office, are not published as aforesaid within the first ten days of May, the Chairman shall be liable to a fine not exceeding ton pounds, and a further fine of a like amount for every day during which such default continues after the said ten days:

Provided that the Chairman shall not be liable under this subsection if he has not received the balance-sheet, statements, certificate, or exceptions respectively.

Any such fine may be recovered in a Court of competent jurisdiction by any person who may sue therefor.

If any such balance-sheet and statements are published, and the exceptions (if any) of the Audit Office are not published therewith, or if such balance-sheet and statements, or any of them, are not correctly published, then and in any such case the same shall be deemed to be not published, and any person may sue for the fines hereinbefore provided for making default in publishing the same.

In the month of May in each year the Council shall hold a special meeting for considering the yearly balance-sheet and statements, and the report of the Audit Office thereon.

If, after so considering the same, the Council thinks that such balance-sheet fails to show fully and truly all the dealings with the county funds, it may make such alterations therein, not being contrary to the report of the Audit Office or to the provisions of this Act, as it thinks fit, and shall finally settle the same; and the Chairman shall sign the balance-sheet so settled, which, when so signed, shall for all purposes be deemed to be the true accounts of the county.

The Treasurer of every county shall, on or before the thirtieth day of June in each year, send to the Minister of Finance a copy of the balance-sheet as signed by the Chairman for the preceding financial year, together with such other accounts and particulars as the Minister directs; and the Minister shall, within ten days after he has received the same, lay the same before Parliament if sitting, and if not, then within ten days after the commencement of the next ensuing session.

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.

Every person who refuses or obstructs such inspection or copying of any account in his custody or control is liable for every such offence to a fine not exceeding five pounds.

On a petition in that behalf signed by not less than one-twelfth of the ratepayers for the time being of any county, or on any other occasion he may think fit, 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 the Audit Office has in respect to the Public Account; and the precept of such special Auditor shall have the same force and effect as the precept of the Audit Office.

Every such special Auditor shall report to the Governor the result of his inquiry; and the Governor shall, within ten days after he has received such report, lay the same before Parliament if sitting, and if not, then within ten days after the commencement of the next ensuing session.

All the expenses of such inquiry, including such allowance to the special Auditor as the Governor directs, shall, unless Parliament otherwise provides, be charged on the General Account of the County Fund, and shall be deemed to be a debt due to the Crown, and may be recovered from the county accordingly.

If the Audit Office or the special Auditor reports that any moneys have been unlawfully paid away by the Council, or that any liability incurred by the Council has been unlawfully incurred, then, unless the Council has acted in good faith and under legal advice, the Audit Office or special Auditor shall in any Court of competent jurisdiction sue jointly and severally all the Councillors who fail to satisfy the Audit Office or special Auditor that the moneys were paid or the liability incurred either without their knowledge or, if with their knowledge, then in spite of their protest made in writing at the time when the payment or liability was authorised for the amount of such payment or liability, and may recover judgment for the same, together with costs.

All costs incurred by the Audit Office or the special Auditor in any such suit shall be paid out of the General Account of the County Fund, and all moneys and costs recovered in any such suit shall be deemed to be part of the County Fund, and shall be paid over accordingly.

All moneys expended by the Council shall be deemed to have been lawfully expended if such expenditure appears in the half-yearly and yearly balance-sheets of the county duly audited, passed, and approved by the Audit Office.

The Council may, in the name and on behalf of the Corporation, enter into any contract with any person for doing or supplying anything the Council is hereby authorised to do or that is necessary for the purposes of this Act.

If such contract is for the execution of any work, it 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 provisions of this Act relating to contracts of the Council shall be read with “The Public Contracts and Local Bodies’ Contractors Act, 1908,” in cases where that Act applies.

Any contract which, if made between private persons,—

and all such contracts may be varied and discharged in the same manner respectively.

No contract the amount whereof exceeds twenty pounds, except in cases of urgent necessity, shall be made except after public tender, of which due public notice shall be given; but the Council shall not be compelled to accept the lowest tender.

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 Corporation and all other parties thereto, their successors, executors, or administrators, as the case may be.

In case of default in the performance 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 Corporation or the other parties failing in the performance 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 Corporation, or of any damage done by the Council or its servants, whether before or after any action is brought for or in respect of the same.

The Council may from time to time contract, upon such terms and conditions as it thinks fit, with any other local authority or body corporate 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 provided for in this Act, or of any matter or thing the Council and such other local authority or body is by law empowered to do, control, and manage.

Nothing in this Act shall—

The Council shall have full power and authority to erect, construct, and maintain within the county any public works that in the opinion of the Council may be necessary or beneficial to the county, whether such works are wholly within the county or form part of works in one or more counties; and in carrying out or executing any such works the Council, on behalf of the Corporation, shall have and may exorcise all the powers and authorities given to local authorities by “The Public Works Act, 1908.”

The Council may also contract, in the manner herein provided, with the Minister of Public Works for the prosecution or construction of any of the public works herein provided for.

Any such contract may be 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; and every such Council and body corporate, in manner hereinafter provided, shall give such security for the repayment thereof, with interest, as may be agreed upon.

Any such agreement or security may be made with or taken by the Minister on behalf of his Majesty.

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

The Council may by special order from time to time authorise the sale or exchange of any lands purchased by it for obtaining road metal, or for other public purpose, in cases where such lands in the opinion of the Council are no longer required for the purposes of the county.

The Council may agree with any Road Board or Town Board within the county for the execution by the Board of any public work within its district which the Council is empowered to undertake, and may pay to such Board out of the County Fund the cost of undertaking 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, by way of subsidy, to any or all of the Road Boards and Town Boards within the county such moneys out of the General Account of the County Fund as it thinks fit, to be expended in such works within the road districts and town districts as such Boards are empowered respectively to undertake.

The Council shall have the care and management of all county roads within the meaning of “The Public Works Act, 1908,” and shall, subject to the provisions hereof, have full power to form, construct, improve, repair, and maintain the same, and all bridges and ferries therein.

The Council shall and may exercise such control over all such roads although the same may not have been formed or made.

All lines of roads or tracks passing through or over any Crown lands or Native lands, and generally used without obstruction as roads, shall, for the purposes of this section, be deemed to be public roads, not exceeding sixty-six feet in width, and under the control of the Council, notwithstanding that any such lines of roads have not been surveyed, laid off, or dedicated in any special manner to public use.

On petition of not less than three-fifths of the ratepayers of any riding or ridings in a county praying the Council to declare any county road to be a district road the Council shall, but not earlier than thirty days after the receipt of such petition, by special order under section one hundred and four of “The Public Works Act, 1908,” declare such county road to be a district road:

Provided that no such order shall be made if the Council receives from the ratepayers of any part of the county a counter-petition signed by not fewer ratepayers of the county than the number signing the previous petition.

The Governor may from time to time order any county road, bridge, or ferry to be made, maintained, or repaired by the Council within such period as he in any such order determines; and if the Council refuses or neglects so to make, maintain, or repair any such road, bridge, or ferry, the Governor may cause the same to be so made, maintained, or repaired, and the expenses thereof shall be charged against the Corporation, and may be deducted from any moneys payable to such Corporation under this or any other Act; and in default of any such deduction such expenses may be recovered as a debt due to the Crown from the Corporation.

In carrying out this provision the Governor, and every person authorised by him, shall have all the powers and authorities vested in or that could be exercised by the Council under any law.

Where a non-navigable river or stream runs lengthways between two or more counties, wholly or in part, then the boundaries of each such county shall extend to the middle of such river or stream, following its natural course; and the boundaries of any county affected by this provision shall be deemed to be and are hereby altered accordingly.

Each of the counties divided by any such river or stream shall bear all cost of cleansing the portion of the river or stream included within its boundaries, and of keeping in repair and maintaining the banks of the river or stream within its boundaries; but nothing herein shall control or interfere with any powers conferred upon the Governor or the Minister by “The Public Works Act, 1908,” or with the powers or duties of any River Board constituted under any Act.

Where a road lies along the boundary of two counties, and such road is entirely in one of such counties, then the whole of such road shall be under the control of the county wherein it is included, if the whole of this Act is in operation in such county.

If the whole of this Act is not in force in the county wherein such road is included, or if such road lies partly in one county and partly in the other, or is not included partly in either one or the other, then and in any such case such road shall be under the control of such one of the counties, or of such local authority or local authorities within either of such counties, as the Governor from time to time directs; and he may from time to time alter the control from one county or local authority to another as he may deem expedient.

In any case mentioned in this section the Governor may direct what proportionate part of the cost of constructing and maintaining such road shall be borne by each county, and any such proportionate part may be recovered in any Court of competent jurisdiction by the Council or local authority having charge of the road from the county or districts liable to pay the same.

All or any of the powers conferred on the Governor by this section may be exercised from time to time as occasion requires; and any instrument issued or direction given by him under this section may be revoked, altered, or varied in such manner as the Governor deems expedient.

For the purposes of this section every such road shall be doomed to be entirely within the jurisdiction of the Council or local authority within the county having the control of such road, notwithstanding that the said road may not be within the boundaries of such county.

The Council, with the consent of the ratepayers of the county (to be ascertained as provided in the case of a proposal to raise a special loan), may contract with any person or body corporate for the advance of the moneys necessary for the construction of a bridge or bridges in connection with any county road or roads; and in such contract may covenant, on behalf of the Corporation of the county, to levy and collect tolls or charges for the use of such bridges on completion thereof, and may pledge such tolls and charges in security for the repayment of any such moneys advanced as aforesaid.

Every such contract shall be made on such terms and conditions as may be agreed upon, but subject to the condition that the tolls and charges aforesaid shall be pledged only for some specified time; and every such contract shall be valid and binding notwithstanding that no bridge was erected or tolls collected at the time of the making of such contract.

The Council may contract with any such person or body corporate for the building by and at the cost of such person or body corporate of a bridge or bridges in connection with any county road or roads; and such contract may provide (subject to such terms and conditions as may be agreed upon) for granting to such person or body the right of levying and collecting for any term not exceeding twenty-one years, and applying to his or its own use and profit, tolls or charges for the use of such bridges:

Provided that the scale of rates to be charged shall first be submitted to and approved by the Council.

No such contract shall be entered into until the proposed terms of the same have been publicly notified in the county for two months, and every such contract shall provide for the county being enabled to purchase the bridge at any time at a price to be fixed by valuation.

The Councils of several adjoining counties may unite in any such contract.

Any dispute between such Councils respecting their approval of the scale of rates to be charged as aforesaid shall be settled by the Governor.

The Councils of two or more counties may unite for the construction, repair, use, and maintenance of bridges, roads, tramways, and ferries in any of such counties.

The Council may from time to time authorise any Road Board or Town Board within the county to construct or repair at its own cost any footpaths in any county road within such road district or town district, and for that purpose the Road Board or Town Board may from time to time expend such part of its ordinary fund as it thinks fit.

Subject to such conditions as he thinks fit, the Governor may authorise any person to construct a bridge across any river, creek, or stream, or to establish a ferry across any river, creek, stream, or lake, and to maintain such bridge or ferry for such period as the Governor thinks fit, and to occupy for such period as the Governor thinks fit such portion of any highway or Crown land as seems to him to be necessary as a site for any such bridge or ferry.

Every such bridge and ferry shall be deemed to be respectively a public bridge or ferry, and shall be open to the use of the public at all hours, subject to any regulations made regulating the use thereof respectively.

The Governor may from time to time as occasion requires make regulations applicable either to such bridges or ferries generally or only to any one or more of such bridges or ferries,―

The Governor in Council may from time to time, as he thinks fit, delegate to the Chairman of any county for the time being (by his office and not by name) all the powers vested in him by the two last preceding sections, subject, however, to the condition that no occupation of Crown land shall be authorised under any such delegation without the sanction of the Governor.

In any such case the Chairman may do by public notice whatever the Governor is hereby empowered to do by Proclamation: Provided that the Chairman shall exercise his delegated powers only under the authority of the Council.

Where any public reserve is granted to or vested in any County Council or the Corporation it represents for the purposes of a ferry, or where any ferry is granted to, vested in, or under the control of the Council or Corporation, then, notwithstanding any provision to the contrary in any Act, such Council may lease such reserve and ferry, or any part of such reserve with the ferry, to any person for any term not exceeding fourteen years, for such rent and on such terms and conditions as to the maintenance of the ferry as the Council thinks fit, and without submitting the lease to public auction or public tender.

Before granting any such lease the proposed terms and conditions thereof shall be publicly notified in the county for at least two months.

The Council may from time to time, in manner provided by this Act and “The Public Works Act, 1908,” make, maintain, enlarge, alter, extend, and repair drainage-works of any sort, including the making of drains for receiving water in its natural flow on or from any hills or other sloping lands, and diverting the same to prevent its overflow on to any other lands at a lower level, as well as drains for carrying off water from any land.

The Council may from time to time by special order declare the whole county or any part thereof to be a district for the purpose of the construction of drainage-works 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 alter the boundaries of any district.

Such special order shall be made only on petition, signed by not less than one-half of the ratepayers within the proposed district, and defining the boundaries of the district it is desired to constitute.

The special order shall fix the day from and after which such district shall be constituted, and shall also give a name thereto.

Before making such special order the Council shall cause a plan of the proposed district to be deposited in the office of each Road Board and Town Board (if any) within such proposed district, and if there is no Road Board office in the proposed district, then in the two Road Board offices nearest to such proposed district.

Every such plan shall be open for inspection by the public without fee for at least one month before the passing of the resolution to make the special order, and public notice of the time when and the place or places where such inspection can be made shall be given by the Council.

No town district shall be included within any such district unless on a separate petition signed by not less than one-half of the ratepayers within such town district.

The Council may from time to time by special order, without petition, divide any district constituted under the last preceding section into subdivisions, and may define the boundaries of any such subdivisions, and assign names thereto.

The Council may purchase, or make and maintain, or enlarge, and from time to time alter, extend, or repair any drainage-works it deems necessary in such district, and for that purpose may—

The Council, with the consent of the ratepayers of any district constituted as aforesaid for the construction of drainage-works, or of any subdivision of any such district (such consent to be ascertained in manner provided by “The Local Bodies’ Loans Act, 1908”), may from time to time raise a special loan for the purpose of exercising any of the powers conferred on the Council by the last preceding section or by Part X of “The Public Works Act, 1908.”

The aggregate amount of all such loans shall not exceed in any district or subdivision a sum equal to ten shillings per acre on all the land in the district or subdivision.

The Council may impose and levy on all lands in the district or subdivision a special rate not exceeding six farthings in the pound on the capital value of the rateable property in the district or subdivision (or its equivalent on the unimproved value or the annual value, as the case may be) to secure and pay the interest on and provide a fund for the repayment of any such loan.

Every such special rate may be levied in such manner as is from time to time directed by special order, either on a uniform scale or on a graduated scale according to the classification of lands in the district or subdivision.

Such special order may from time to time be altered or revoked by the Council.

Where any such special rate is levied according to the classification of lands in the district or subdivision, sections ninety-three to one hundred of “The River Boards Act, 1908,” shall apply as if the same were incorporated, mutatis mutandis, with this section.