Board may apply for

charge rates with cost of construction. Schedule.

Land Drainage.

17. A BOARD may, from time to time, apply to the Minister drainage works and for the construction of main drains or any other drainage works within the district of the Board, and if the Governor approves of the application, the Board shall execute to the Colonial Treasurer an instrument creating a sole charge upon the drainage rates under this Act, in the form set out in the Schedule hereto, securing interest at four per cent. per annum on the cost of the work, and a payment at the rate of two per cent. per annum to a sinking fund for repayment of such cost : And the Colonial Treasurer shall thereupon raise or apply, in accordance with this Act, a sum of money to meet the cost of the work.

Construction of main drains.

May ent for surv

See ibid

And may for drain

No other charge on the drainage rates shall be created or arise until the discharge of the security hereby required to be given.

The payments received on account of the sinking fund shall be applied in repayment of the sums expended by the Colonial Treasurer for the purposes of this Act, and shall, in the first place, be invested in a fund for the redemption of any debentures or other Government securities that have been issued for the purposes aforesaid, and, in the next place, as regards any sums not required for such redemption, shall be applied from time to time in repayment of any moneys expended for such purposes, and not raised by debentures or other Government securities.

18. THE Director of Public Works, at the request of the Minister, shall construct any main drains or other drainage works

Page 472.

Page 472-contd.

64 VICT., No. 22.-Section 18 amended by 1 & 2 Edwd. VII., No. 8:

In section 18, strike out the words "The Director of Public Works at the request of the Minister shall," and substitute therefor the words "The Minister may."

Strike out subsection 2 of section 18, and substitute the following therefor:

(2.) May, without compensation, resume any land which has been granted or devised by the Crown, so that the area resumed, without compensation be not in excess of the quantity allowed by the provisions contained in the grant, lease, or other instrument, and reserving to the Crown any right to resume for a public purpose.

In section 18, subsection 5, strike out the words "within the district," in line two, and also substitute the word Minister" for the words "Director of Public Works," in the second paragraph.

In section 18, subsection 6, after the word "ditch," in the second line, insert the words "or other drainage

Land Drainage.

so that the total resumption does not exceed the
extent allowed by the proviso reserving to the Crown
the right to resume land for certain public purposes;
(3.) May, under the powers conferred by the Lands Resump-
tion Act, 1894, resume any lands, or any estate or interest
therein, within or without the district which in his
opinion may be required;

(5.)

earth, etc.

See ibid., s. 21.

etc.

(4.) May, from time to time, within or without the district,
cut, dig, take, and carry away, or cause to be dug, cut, May enter and take
taken, and carried away any quantity of earth or
materials in or from the land of any person, and, for so
doing, shall pay reasonable compensation to the owners
and occupiers of such land, except when acting in the
exercise of a power reserved to the Crown by the grant;
May break up the soil of any roads, ways, or footpaths
within the district, and excavate and sink trenches for May break up roads,
the purpose of laying down and constructing drains See ibid., s. 19.
therein, and may cause such drains to communicate
with the sea, or any arm thereof, or with any stream or
water-course, either within or without the limits of the
district, and also from time to time may open, cleanse,
and repair such drains, or alter the position thereof;
and may do all such acts, matters, and things as he
shall judge expedient, necessary, or proper for making,
amending, repairing, completing, or improving any
water-course or drain, or other works to be made, done,
and provided for the purposes of this Act;

Provided that, before interfering with any such road,
way, or footpath, the Director of Public Works shall
give one month's notice, in writing, to the local
authority having control thereof, and shall make reason-
able compensation for any actual damage done thereby ;

(6.) May, in the making, widening, deepening, cleansing,

banks.

or repairing of any drain or ditch, remove the soil thereof May place soil on
and place it on the bank on either side of such drain
or ditch.

Powers and Duties of the Board.

19. ALL drains and drainage works which shall be constructed under this Act shall, when completed, be vested in the Board.

Ibid.

Drains to be vested in Board.

20. IT shall be the duty of the Board to cleanse, repair, and otherwise maintain in a state of efficiency all drains and drainage drains.

works osted_im

Board to maintain

Pages 473, 477. 64 VICT., No. 22.-Sections 20 and 34 amended by 1 & 2 Edwd. VII., No. 8: In sections 20 and 34, substitute the word

Works."

Minister" for the words "Director of Public

Minister

Branch drains.

Board may levy rate.
Ibid., s. 30.

Rate to be applied

to interest sinking fund.

See 60 Vict. 19, s. 15.

Differential rates on

land.

Ibid., s. 31.

Land Drainage.

21. (1.) ON the application of any owner or occupier of any land within the district, the Board may authorise such person to make branch drains communicating with any main drain on such terms as to maintenance, cleansing, and otherwise as to the Board may seem fit.

(2.) Where, on land adjoining a drain constructed by the Board under this Act, the water collects in such quantity as to render it necessary, in the opinion of the Board, that a branch drain should be made to carry the water into the drain constructed by the Board, the Board may serve notice on the owner or occupier, requiring him to make such branch drain, and if the owner or occupier makes default for a month after such notice, the Board may make the branch drain and recover the cost thereof from the owner or occupier. Such notice shall specify the nature and direction of the branch drain required, and where and in what manner it is to be connected with the drain constructed by the Board.

22. THE Board, after not less than ten days' public notice, in a newspaper having a general circulation within the district, has been given of their intention, shall levy a rate on all lands in the drainage district (except as hereinafter mentioned) in each year, according to their ratable value, for the purposes of this Act, and may appoint a time and place for the payment of such rate, and all rates not so paid may, without further notice, be recovered by the Board in any Court of competent jurisdiction.

The rolls of ratepayers of a drainage district shall be conclusive evidence that persons whose names appear therein respectively are liable to the rate to be levied as aforesaid.

23. THE rates received by the Board by virtue of this Act shall be applied in the first place to paying to the Colonial Treasurer interest at the rate of four pounds per centum per annum on the amount borrowed by him on debentures, and in the next place to the sinking fund for the repayment of the amounts paid or applied to meet the cost of construction at the rate of two per centum per annum on the said amount and, after such payments, to the management, maintenance, and improvement of the drainage works within the district.

24. ANY such rate may be levied in manner as directed by the advertisement thereof, which may from time to time be altered or revoked by the Board, either—

(1.) On a uniform scale; or

(2.) On a graduated scale according to the classification of

lands in the district.

All

Land Drainage.

All lands in any district which, by their situation, configuration,
or other physical causes, are excluded from deriving any benefit
from the drainage works, may be exempted by the Minister on the
recommendation of the Board from all rates to be levied in respect
of such works.

Rates to be sufficient

25. EVERY annual rate shall be for an amount sufficient to make the payments toward interest and sinking fund as aforesaid, to pay interest, etc., and in case such rate is insufficient for that purpose, or no rate is and Minister to make levied and collected, the Minister may make, levy, and collect Board. drainage rates as if he were the Board, and may exercise all the powers of the Board for that purpose.

rate on default of

Consolidated

26. WHENEVER, in any year, the drainage rate is insufficient to pay the interest and the contribution to the sinking fund as Revenue may come aforesaid, the deficiency may be advanced out of the Consolidated in aid of payments, Revenue, and shall become a charge upon the rates, repayable, rates. with interest, in like manner as the charge hereinbefore provided for.

and be a charge on

Board may employ

surplus to reduce

27. AFTER making the payments aforesaid, and after the
expenses of maintenance, management, and improvement have been
met, the Board may, if they think fit, with the approval of the rates.
Minister, employ any surplus in their hands in reduction of rates.

28.
WHERE any drainage works constructed under this Act
improve unoccupied Crown lands in the district so as to promote
settlement there, the Governor may make a contribution to the funds
of the Board to such extent as he may see fit.

Book of account to

Ibid., s. 50.

29. THE Board shall cause books to be provided and kept, and
true and regular accounts to be entered therein, of all sums of money be kept.
received and paid under the authority of this Act, and of the several
purposes for which such sums of money have been received and paid,
which books shall, at all reasonable times, be open to the inspection
of any ratepayers without fee or reward, and any ratepayer may take
copies or extracts therefrom gratis; and any member or officer of
the Board who does not, on the reasonable demand of any ratepayer,
permit him to inspect the said books, or to take such copies or
extracts, shall, on conviction for every such offence, pay a fine not
exceeding Five pounds.

30. ALL moneys received by the Board shall be paid into some one of the public banks of the Colony to the account of the book.

Page 475.

Moneys received to

64 VICT, No. 22.-Section 30 amended by 1 & 2 Edwd. VII.,
No. 8: In section 30, substitute the word "Board" for
the word district," in the first line of the last paragraph.

8

Chairman or clerk

Courts, etc.

Ibid., s. 55.

Land Drainage.

The accounts of the Board for the past year shall be audited in the month of March in each year by the Auditor General.

The Board of every district shall, before the end of the second week in February in each year, cause the accounts of the Board for the past year, up to and including the last day of December, to be balanced, and also a full and true statement and account to be prepared of the amount of all rates made and levied, and of all moneys received and expended during the past year, and such statement and account. signed by the chairman and the treasurer of the Board at least, shall be submitted by the chairman to the Auditor General.

The treasurer of every district shall forthwith, after such audit, make out and cause to be printed and published in some newspaper circulating in the district a full abstract of the accounts for the year as audited.

Miscellaneous.

31. IN all proceedings under this Act in any Court in which may represent Board the Board shall be concerned, the chairman or the clerk of the in proceedings before Board may, in person or by counsel or solicitor, represent the Board and act in their behalf in all respects as though he, and not the said Board, had been the party concerned; and the chairman or clerk shall be reimbursed all damages, costs, charges, and expenses to which he shall be put, or with which he may become chargeable, by reason of anything done or suffered in the course of such repre

Re-imbursement of

officer.

Ibid., s. 56.

Penalty for interfer

Ibid., s. 25.

sentation.

32. EVERY person, not being authorised for that purpose by ing with drains, etc. the Board, who shall, without the consent of the Board, make any drain into any water-course or drain vested in the Board by this Act, or who shall, without any such consent, stop or obstruct any such last-mentioned water-course or drain. shall be liable for every such offence to a penalty not exceeding Fifty pounds, and the Board may cause such branch drain to be remade as they think ft, and all expenses incurred thereby shall be repaid to the Board by and may be recovered before

64 Vict., No. 22.-Section 30 amended by 1 & 2 Edwd. VII., No. 8: In Section 30, substitute the word "Board" for the word "district," in the first line of the last paragraph.

erected or made for the purposes of this Act, vi

Page 476.

cti)

64 VICT., No. 22.-Section 33 repealed by 1 & 2 Edwd. VII., No. 14.