✨ Rules and Regulations for Proprietors
612 THE NEW ZEALAND GAZETTE. [No. 25
VOTES OF PROPRIETORS.
- Every proprietor shall have one vote, and no more.
- Votes may be given either personally or by proxy.
- The instrument appointing a proxy shall be in writing
under the hand of the appointer, and shall be attested as
hereinafter provided. - No person shall be appointed a proxy who is not a
proprietor; and the instrument appointing him shall be
deposited at the aforesaid office not less than forty-eight
hours before the time of holding the meeting at which he
proposes to vote. - Any instrument appointing a proxy shall be in the
following form, or to the same effect:—
“I, being a proprietor in the corporate body styled
‘The Proprietors of ,’ hereby appoint
, of , as my proxy to vote for me and on my behalf at
the ordinary [or extraordinary, as the case may be] general
meeting of the proprietors, to be held on the day of
, and at any adjournments thereof [or at any meet-
ing of the proprietors that may be held in the year ].
“As witness my hand, this day of , 18 .
(Signed)
“Signed by the said ,
in the presence of .”
OFFICE.
- For the purposes of the corporation the Committee
shall have an office, to which all communications and
notices shall be addressed. - The Committee shall notify the Minister and the
Public Trustee of the situation of the said office, and of
every change of the situation thereof. - The Committee shall paint or affix, and keep painted
or affixed, the name of the corporation—to wit, “The
Proprietors of ”—on the outside of the said office
in a conspicuous position, in letters easily legible. - The name of the corporation shall be engraven in
legible characters on its seal, and shall be mentioned in
legible characters in all notices, advertisements, and other
official publications of the corporation. The Committee
shall have the custody of the seal.
REGISTER.
- The Committee shall keep at the said office a register
containing the names, addresses, and occupations of the
proprietors, and showing their respective interests, where
ascertained; and such register shall at all times be open for
inspection by the proprietors, and also by the Public Trustee.
The Committee shall forthwith report to the Public Trustee
every fresh entry of proprietorship or interest made in the
register, and shall also forward to him under the hand of
the Chairman, not later than the second Monday in October
in every year, a certified list of proprietors, with their
respective interests, as recorded in the register on that day.
ACCOUNTS.
- The Committee and the Public Trustee shall cause
true accounts to be kept,—
(1.) Of the sums received and expended by the corpora-
tion, and the matter in respect of which such receipts and
expenditure takes place; and
(2.) Of the credits and liabilities of the corporation. - The books of accounts, including copies of the Public
Trustee’s accounts, shall be kept at the office of the corpora-
tion, and, subject to any resolution as to the time and man-
er of inspecting the same that may be imposed by the pro-
prietors in general meeting, shall be open to the inspection
of the proprietors during the hours of business. - Once at least in every year the Committee and the
Public Trustee shall lay before the proprietors in general
meeting a statement of the income and expenditure for the
past year, made up to a date not more than three months
before such meeting. - The statement so made shall show, arranged under the
most convenient heads, the amount of gross income, distin-
guishing the several sources from which it has been derived,
and the amount of gross expenditure, distinguishing the
expenses of administration and management, salaries, and
other like matters. - Every item of expenditure fairly chargeable against
the year’s income shall be brought into account, so that a
just balance may be laid before the meeting; and in case
where any item of expenditure which may in fairness be
distributed over several years has been incurred in any
one year, the whole amount of such item shall be stated,
with the addition of the reasons why only a portion of such
expenditure is charged against the income of the year. - A balance-sheet shall be made out in every year and
laid before the proprietors in general meeting, and such
balance-sheet shall contain a summary of the property and
liabilities of the corporation, arranged under their proper
heads,
AUDIT.
- Once at least in every year the accounts of the cor-
poration shall be examined, and the correctness of the
balance-sheet ascertained, by the Controller and Auditor-
General, who shall present a report each year to Parliament,
stating the result of such audit.
NOTICES.
- A notice may be served by the corporation upon any
proprietor either personally or by sending it through the post
in a prepaid letter, addressed to such owner at his usual or
last-known place of abode. Every such notice shall be in
both Maori and English, and, if posted, shall be deemed to
be served on the day next following that on which it would
be delivered in due course of post. - Any summons, notice, or other document required to
be served upon the corporation may be served by leaving the
same, or sending it through the post in a prepaid and regis-
tered letter addressed to the corporation, at its said office,
and any document so posted shall be deemed to be served on
the day next following that on which it would be delivered
in due course of post.
CONTRACTS.
- Contracts on behalf of the corporation may be made
as follows, and shall be subject to the following conditions;
that is to say:—
(1.) Every contract must be authorised by resolution of
the Committee.
(2.) Any contract which, if made between private persons,
would by law be required to be in writing, may be
made on behalf of the corporation by any two
members of the Committee in writing, and under
its common seal.
(3.) All deeds necessary to give effect to any contract shall
be signed by at least two members of the Com-
mittee in the presence of a Judge of the
Native Land Court, or other officer appointed by
the Government for the purpose; and such deed, if
it effect any alienation of land, shall be also signed
by the Commissioner of Crown Lands, or the
Native Lands Administration Officer for the
district, but without imposing upon such Com-
missioner or officer any liability under the pro-
visions of the deed so signed.
(4.) Any contract, which if made between private persons,
would by law be valid, although made by parol
only, and not reduced into writing, may be made
by parol on behalf of the corporation by the Chair-
man and one other member of the Committee.
(5.) No contract involving more than £50, and no contract
whatsoever for the alienation of land, shall be
binding on the corporation or its assets, or be in
any way valid, unless the Public Trustee has
consented thereto; but such consent shall not
make him in any way liable under the contract
so consented to. - All contracts made according to the provisions con-
tained in the foregoing regulations may in the same way
be varied or discharged.
ALIENATION.
(1.) Mortgage.
- For the purpose of providing funds wherewith to road,
survey, and generally open up for sale, lease, or settlement
the lands of the corporation, and also to cultivate, improve,
and stock the same, it shall be lawful for the Public
Trustee, out of any moneys standing to the credit of the
Public Trustee’s Account or otherwise, to raise from time to
time such sums as the Committee, with the consent of a
majority of the proprietors in general meeting, may recom-
mend, or such less sums as he may think fit, by way of
mortgage over the lands of the corporation, or the present
and future rents, issues, and profits of the said lands, and the
proceeds of sales thereof. - All such loans shall be raised from such sources, in
such manner, and on such terms as to interest, sinking fund,
and otherwise, as the Public Trustee may think fit. - With the consent of the Public Trustee, but not other-
wise, the repayment of the capital sums so raised as afore-
said may be spread over several years, pursuant to clause 69
of these regulations. In such case, the portion repaid in
any year shall be determined by the Committee with the
consent of the Public Trustee, and, when so determined,
shall be treated as an item of expenditure for that year; and
the residue of the rents, issues, profits, and proceeds afore-
said of that year shall thenceforth be deemed to be released
from the aforesaid mortgage, which shall nevertheless con-
tinue to bind all future rents, issues, profits, and proceeds
according to its tenor until the whole of the sums so raised as
aforesaid, with the interest thereon, have been fully repaid.
All sinking funds shall be held and invested by the Public
Trustee.
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🗺️ Rules and Regulations for Proprietors
🗺️ Lands, Settlement & SurveyProprietors, Voting, Proxies, Office, Register, Accounts, Audit, Notices, Contracts, Alienation, Mortgage
NZ Gazette 1895, No 25