936
THE NEW ZEALAND GAZETTE.
[No. 42

By-laws and Regulations under "The Mangatu No. 1 Emp-
powering Act, 1893," and Order in Council approving
thereof, and for other Purposes under that Act.

IN pursuance and exercise of all powers and authorities
enabling them in this behalf, and particularly of the
power and authority contained in the sixth section of "The
Mangatu No. 1 Empowering Act, 1893," the Committee ap-
pointed under the said Act, at a meeting of the said Committee
duly held on the twenty-ninth day of May, one thousand
eight hundred and ninety-five, made the by-laws and regula-
tions set forth in the Schedule hereto.

SCHEDULE.
Interpretation.

1. In these by-laws and regulations, if not inconsistent with
   the context,—
   "Person" means any owner, either male or female, and
   the trustee or trustees appointed for any owner
   under disability under "The Maori Real Estate
   Management Act, 1887," and its amendments, and
   "The Maori Real Estate Management Act, 1888";
   "Corporation" means Mangatu No. 1;
   "Owner" means any person whose name appears in the
   Second Schedule to "The Mangatu No. 1 Empower-
   ing Act, 1893," and the successors according to Native
   custom of those in the said Schedule who have died
   since the 30th day of April, 1881, and includes the
   trustees for any owner under disability appointed
   under "The Maori Real Estate Management Act,
   1887," and its amendments, and "The Maori Real
   Estate Management Act, 1888";
   "Ordinary resolution" means any resolution passed by
   a majority in number of the owners present per-
   sonally or by proxy at any ordinary meeting, and
   voting on such resolution;
   "Special resolution" means any resolution passed by a
   majority of not less than three-fourths of the owners
   present personally or by proxy, and voting on such
   resolution, at any extraordinary meeting, and at
   any ordinary meeting when notice of intention to
   propose such special resolution has been duly given,
   as provided in these by-laws and regulations.

Words importing the singular number include the plural
number, and words importing the plural number include the
singular number, and words importing the masculine gender
include females.

General Meetings.

2. A general meeting of the owners shall be held every
   year at Te Karaka, on the first Monday in the month of
   November, at such hour and place as the Committee may
   determine.

3. The above-mentioned annual general meeting shall be
   called "ordinary"; all other general meetings shall be called
   "extraordinary."

4. The Committee may, whenever they think fit, and they
   shall upon a requisition made in writing by not less than one-
   fifth in number of the owners, convene an extraordinary
   general meeting.

5. Any requisition made by the owners shall express the
   object of the meeting proposed to be called, and shall be left
   at the office in Gisborne of the corporation.

6. Upon the receipt of such requisition the Committee
   shall forthwith proceed to convene an extraordinary general
   meeting.

If the Committee do not proceed to convene the same
within twenty-one days from the date of the requisition the
requisitionists or any other owners amounting to the required
number may themselves convene an extraordinary meeting.

7. Seven days' notice at the least, specifying the place, the
   day, and the hour of the meeting, and in the case of special
   business the general nature of such business, shall be given to
   the owners in manner hereinafter mentioned; but the non-
   receipt of such notice by any owner shall not invalidate the
   proceedings at any general meeting.

8. All business shall be deemed special that is transacted
   at an extraordinary meeting, and all that is transacted at an
   ordinary meeting, with the exception of the consideration of
   the accounts, balance-sheet, and the ordinary report of the
   Committee, and the election of new members of the Com-
   mittee.

Proceedings at General Meetings.

9. No business shall be transacted at any general meeting
   unless a quorum of owners is present at the time when the
   meeting proceeds to business, and such quorum shall consist
   of one-tenth at least of the total number of the owners.

10. If within one hour of the time appointed for the meet-
    ing a quorum is not present, the meeting, if convened upon
    the requisition of owners, shall be dissolved.

In any other case it shall stand adjourned to the same day
in the next week at the same time and place; and if at such
adjourned meeting a quorum is not present it shall be
adjourned sine die.

11. The Chairman (if any) of the Committee shall preside
    as Chairman at every general meeting of the owners.

12. If there is no such Chairman, or if at any meeting he
    is not present within fifteen minutes after the time appointed
    for holding the meeting, the owners present shall choose one
    of their number to be Chairman.

13. The Chairman may, with the consent of the meeting,
    adjourn any meeting from time to time and from place to
    place, but no business shall be transacted at any adjourned
    meeting other than the business left unfinished at the meet-
    ing from which the adjournment took place.

14. At any general meeting, unless a poll is demanded by
    at least five owners, a declaration by the Chairman that a
    resolution has been carried, and an entry to that effect in the
    book of proceedings of the corporate body, shall be sufficient
    evidence of the fact without proof of the number or pro-
    portion of the votes recorded in favour of or against such
    resolution.

15. If a poll is demanded by five or more owners, it shall
    be taken in such manner as the Chairman directs, and the re-
    sult of such poll shall be deemed to be the resolution of the
    owners in general meeting. In the case of an equality of
    votes at any general meeting, the Chairman shall be entitled
    to a second or casting vote.

16. A copy of every resolution passed by the owners in
    general meeting shall be forthwith forwarded by the Chair-
    man to the Public Trustee.

Votes of Owners.

17. Every owner shall have one vote and no more.

18. Votes may be given either personally or by proxy.

19. The instrument appointing the proxy shall be in
    writing under the hand of the appointer, and shall be at-
    tested by a Justice of the Peace or Clerk of the Magistrate's
    Court, Registrar of Native Land Court, or constable.

20. No person shall be appointed a proxy who is not an
    owner, 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.

21. Any instrument appointing a proxy shall be in the
    following form, or to the same effect:—

"Mangatu No. 1.

"I, [name], being an owner in the Mangatu No. 1, and
entitled to vote, 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 owners, to be held on the day of , and
at any adjournment thereof, or at any meeting of the owners
that may be held in the year.
"As witness my hand, this day of , 189 .
"Signed by the said , in the presence of—
[add occupation and residence]."

Remuneration of Committee.

22. The remuneration of the members of the Committee
    shall be determined by the owners in general meeting: Pro-
    vided that, if in the opinion of the Public Trustee the amount
    so determined is excessive, he may reduce it to such sum as
    he deems reasonable.

Powers of Committee.

23. The continuing members of the Committee may act,
    notwithstanding any vacancy in their body, provided that
    the number of continuing members is not less than four.

Disqualification of Members of Committee.

24. The office of a member of the Committee shall be
    vacated—
    (1.) If he hold any other office or place of profit under
    the corporation.
    (2.) If he become bankrupt or insolvent.
    (3.) If he is concerned in or participates in the profits
    of any contract with the corporation.

A member of the Committee shall not be deemed to be
concerned in, or to participate in, the profits of any contract
with the Corporation by reason only of his tendering for or
taking a lease of land; but he shall not vote on any ques-
tion relating to such lease or the tenders therefor.

Rotation of Members of the Committee.

25. At the first ordinary general meeting to be held after
    the election of the Committee, two of the members of the
    Committee for the time being shall retire from office, at
    the second ordinary meeting two others shall retire, and at
    the third ordinary general meeting the remaining three of
    the original members, or those elected in their places, shall
    retire.

26. The members to retire during the first and second years
    ensuing the election of the Committee shall, unless the
    members of the Committee agree among themselves, be
    determined by ballot.