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39 Victoriae 1875 No 55 Clutha River Conservators Board

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39 Victoriae 1875 No 55 Clutha River Conservators Board NEW ZEALAND. .VICTORI£ REGIN£ . No. LV . •••••••••••••••••••••••••••••• **.*.* •• *•••• *** ••••••••••••• ANALYSIS. Title. 15. 01ll.cer to account wheu called upon. 1. Short Title. 16. Officer failing to account liable to a. penalty no' 2. Repeal of 2nd seotion of "Ciutha River Trust exceeding £100. Reserves A"t, 1874." Board of Conservators 17. Board may enter into contracts. eonstituted. 18. Books to be provided and open far inspection. 3. First members of Board. 19. Accounts to be balanced and-/tlfdited. 4. Members of Board when elected and by whom. 20. Statement and account to be opened for V _nmes how 1llled up. inspection. 5. Names of members of Board when elected or ap' 21. Accounts when audited to be :produced at pointed to be intimated to Clerk of Board. annual meeting. Annuaol meeting when 6. Powers of Board. held. 7. Ineorporation of Board. 22. Abstract of accounts to be publill'hed. S. Chairman or other member to preside. Quorum. 23. Rents &c. how to be paid to Board. 9. Power to make by-laws. 24. Words "or lease" struck out of proviso to 10. Appointment- of olll.cers. eection 4, "Clutha River Trust Reserves 11. 01ll.cers to find security. Act, 1874." 12. 01ll.cer exacting fees unlawfully liable to a penalty 25. Appropriation of rent of reserves. of £50. 26. Provision for drainage sewerage &e. 13. Moneys to be paid intO bank, and mode of 27. Penalties recoverable summarily. drawing cheques. Schedule. 14.. Duties of eollector. AN ACT to constitute a Board of Conservators for the Title. District of Clutha River. [21st October, 187 5.] E IT ENACTED by the General ~ssembly of New Zealand in Parliament assembled, and by the authority of the same, as B follows :- 1. The Short Title of this Act shall be "The Clutha River Con- Short Title. senators Board Act, 1875." 2. The second section of "The Clutha River Trust Reserves Act, Repeal of 2nd section of" Clutha River 1874" (hereinafter called" the said Act") , is hereby repealed 'Trustand in Reserves Act, lieu thereof it is enacted that there shall be for the Clutha River Dis- 1874." trict, the boundaries whereof are defined in the Schedule hereto, a Board of Conservators, who shall hold the lands described in the Board of eo.er. Schedule of the said Act upon the trusts and for the purposes herein- vatolS COIIItitutcIL after eX{>ressed o~ implied. Supplement to the New Zealand Gazette, No. 59, of the 21st October, 1875. 206 39° VICTORIlE. No. 55. Olutha River Oonservators Bom'd. First members ef 3. As soon as this Act shall have been assented to by the Gover­ Boa.rd. nor, the Mayor of the Municipality of Balclutha, and the Chairmen of the Boards of the Road Districts of Balmoral, Clydevale, Pomahaka, Clutha, South Molyneux, and Matau, shall be and they are hereby constituted the Board of Conservators for the District of Clutha River, and they shall continue in office until the thirty-first day of August, one thousand eight hundred and seventy-six. Members of Board 4. During the month of August, one thousand eight hundred and when elected and by whom. seventy-six, and during the month of August in each succeeding year, it shall be lawful for the Municipal Council of Balclutha to elect a person to serve as member of the said Board of Conservators, and on the third Wednesday in the month of August, one thousand eight hun­ dred and seventy-six, and on the third Wednesday in the month of August in each succeeding year, it shall be lawful for the Boards of the Road Districts of Balmoral, Clydevale, Pomahaka, Clutha, South Molyneux, and Matau, each to elect one person to serve as member of the said Board of Conservators, an.d the person or persons elected by the Municipal Council of Balclutha and the Board or Boards of the Road Districts before mentioned shall serve as member or members of the Board for the year commencing on the first day of the month of September immediately following the election of such member or members, and such person or persons shall continue to serve as member or members of the said Boa.rd till the thirty­ first day in the month of August in the year following the date Vacancios how filled of his election: Provided that any person who has served on the up. Board shall be eligible for re-election: Provided further, that in the event of the said Municipal Council of Balclutha, and anyone or more or all of the Boards of the said Road Districts of Balclutha, Clydevale, Pomahaka, Clutha, South Molyneux, and Matau, failing to elect a person or persons to serve as member or members of the said Board of Conservators, or in the event of a vacany occurring through the death resignation or otherwise of the person or persons elected, the Mayor for the time being of the Municipality of Balclutha, and the Chairman or Chairmen for the time being of the Board or Boards of the Road' Districts before mentioned that have failed to elect or in which a vacancy shall have occurred as aforesaid, shall be ex ojftcio members of the said Board. Names of members 5. The Clerk of the Municipal Council of Balclutha an,d the of Board when elected or appointed Clerks of the Road District Boards before mentioned shall each to be intimated to intimate in writing to the Clerk of the Board of Conservators the name Clerk of Board. of the person elected to serve as member of the Board, and in the event of the Municipal Council of Balclutha or any Board of the Road Dis­ tricts aforesaid having failed to elect "a person to serve as member of. the Board of Conservators, or in the case of a vacancy having occurred in the office of the person elected as aforesaid, the Clerk of such Municipal Council or of such Road District Board shall intimate in writing to the Clerk of the Board of Conservators the name of the person serving as Mayor of such Municipality or Chairman of the Board of such Road District. Powers of Board. 6. The Board shall have full power and authority to do all things necessary for the improvement of the navigable waters of the Clutha River, and also to erect jetties embankments piers docks wharves and walls in the said river, and to erect bridges and maintain ferries across the said river, and also to do all things proper and expedient for the better navigation of the said river and the improvement of the port of Port Molyneux; and the said Board shall, within the meaning of " The Harbour Boards Act, 1870," be a Harbour Board for the port of Port Molyneux, and shall have all the rights powers authorities and privi- 39" VICTORllE. Olutha River Oonservators Bom'd. - leges which a Harbour Board constituted under "The Harbour Boards Act, 1870," would have or be entitled to, except where such rights powers authorities and privileges would be inconsistent with or at variance with the provisions of this Act: Provided that no jetties or other works as aforesaid shall be constructed or undertaken unless the plans and specifications of such jetties and other works shall have been submitted to and approved by the Governor in Council in the manner prescribed by the thirty-third section of "The Marine Act, 1867," as amended by "The Harbour Works Act, 1874." . 7. The said Board hereby to be constituted shall be a corporate Incorporntioll of body in fact and in law, by the name of "The Clutha River Con- Board. servators Board," with perpetual succession and a common seal, and with full power and authority by that name to sue and be sued, plead and be impleaded, defend and be defended, in all Courts and all causes and suits at law or in equity whatsoever, with power to take purchase and hold all goods chattels and personal property whatsoever which may be required for the improvement or management of the navigable waters of the Clutha River and port of Port Molyneux, and also to take and hold all such lands hereditaments and possessions as may be transferred to or vested in the said Board as sites for wharves docks or warehouses, or as endowments for the said Board, or for any other purpose connected with the improvement or management of the navigable waters .of the said Clutha River and port of Port Molyneux, and also to do all other matters and things incidental to or appertaining to a corporate body, subject nevertheless, in the absence of any provisions in this Act to the contrary, to any provisions contained in "The Harbour Boards Act, 1870," affecting such powers. 8. At all meetings of the Board the Chairman, or in his absence Chairman or other such. member of the Board as the majority of the members assembled member to preside •• shall choose, shall preside, and such Chairman or presiding member shall have a deliberative vote, and in all cases of equality of votes a casting vote also. Unless four members are present no meeting of the Quorum. Board shall be constituted for the transaction of business, and all acts to be done by the Board (except where any special provision is made herein), and all questions of adjournment or other questions, may be done and decided by the majority of members present, provided four at ~east be present. .. 9. The Board may from time to time make such by-laws as it P-ower to make by. shall think fit for regulating the manner in which and times at which laws.
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