MAR. 18.] THE NEW ZEALAND GAZETTE. 793

Additional Regulations under 'The Christchurch Tramway District Act, 1906,' and 'The Local Bodies' Loans Act, 1908.'

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day of March, 1909.

Present:

His Excellency The Governor in Council.

In exercise of the powers in this behalf conferred upon him by "The Christchurch Tramway District Act, 1906," and "The Local Bodies' Loans Act, 1908," and its amendments, and of all other powers and authorities enabling him in this behalf, His Excellency the Governor of the Dominion of New Zealand, acting by and with the consent and advice of the Executive Council of the said Dominion, doth hereby make the following regulations as additional regulations to those made by the Order in Council dated the fifteenth day of March, one thousand nine hundred and six, and published in the Gazette of the twenty-second day of March, one thousand nine hundred and six, for the purposes of the said Acts:—

REGULATIONS.

The word "Secretary" as hereinafter mentioned shall refer to and include the Secretary for the time being of the Christchurch Tramway Board.

The word "Clerk" as hereinafter mentioned shall refer to and include the Clerk for the time being of the Magistrate's Court at Christchurch.

Whenever it shall become necessary for the purpose of "The Local Bodies' Loans Act, 1908," to prepare a roll or rolls for the purpose of taking a vote in any subdistrict or subdistricts, or any portion of any subdistrict or subdistricts, to raise any sum by way of loan for tramway purposes in any subdistrict or subdistricts the following regulations shall apply:—

1. The Secretary shall make out for such subdistrict, subdistricts, or part or parts thereof, a roll of the electors as defined in section 5 of "The Christchurch Tramway District Act, 1906," and who are qualified to vote.

2. Every such roll or rolls shall be prepared in the form and shall contain the particulars specified in the First Schedule hereto.

3. In the event of its being necessary to compile a roll of the whole of Christchurch Tramway District, or any part thereof, the rolls of all subdistricts may together be a combined roll.

4. It shall be the duty of the Secretary to make every such roll or rolls as complete as possible, and for that purpose he shall place thereon the name of—

(a.) Every person of whose qualification or qualifications as an elector he is satisfied :

(b.) Every person who makes and delivers or transmits to him at his office a claim for enrolment as next hereinafter prescribed, and who, in the opinion of the Secretary, possesses the prescribed qualifications.

5. Every claim for enrolment shall be in the form or to the effect set forth in the Second Schedule hereto, and the claimant's signature shall be attested by a Justice of the Peace, or a Postmaster, or a minister of religion, or an elector of the Christchurch Tramway District, or the Secretary, or the Clerk of any local authority.

6. It shall be the duty of the Board and of the Secretary to keep at the office of the Board a supply of blank printed claim-forms for the proper use of claimants for the purpose aforesaid.

7. The Secretary shall, prior to the making-up of the said roll or rolls, insert in two or more newspapers circulating in the Christchurch district notice that it is his intention to compile such roll or rolls, and inviting persons who possess freehold or rating qualification to transmit their names in the manner and form prescribed for the purpose of inserting on such roll or rolls.

8. Upon the compilation of such roll or rolls the Secretary shall deposit and keep a copy thereof in his office, and shall advertise in two newspapers circulating in the Christchurch district that such roll or rolls has or have been so deposited and is or are open for inspection during office hours for seven days from the date of such notice appearing in the newspapers, and such roll or rolls shall be open to inspection free of charge by any person who wishes to examine the same.

9. Any person may, at and in the prescribed time, manner, and form, lodge with the Board an objection under his hand to the electoral roll or rolls on either of the following grounds :—

(a.) That any person whose name is on the said roll or rolls in respect of any qualification does not possess such qualification at the time when the objection is lodged;

(b.) That any person whose name is not on the said roll or rolls possesses the necessary qualification at the time when the objection is lodged and is entitled to have his name inserted.

10. The Secretary shall forthwith after receipt of such objection inquire into and dispose of the same. Such objection must be forwarded to the Secretary within fourteen days from the time of the notification that such roll or rolls has or have been deposited being advertised, and no notice or objection shall be valid unless the same is lodged with the Secretary within the said period of fourteen days.

11. Any person may within the said period of fourteen days forward to the Secretary a claim to be inserted on such roll or rolls, and such claim shall be made in the prescribed manner.

12. Should the Secretary decide that any person who has lodged an objection under clause 9 hereof has not sustained his objection, he shall within seven days of the receipt of such objection post a notice to the person so objecting that his objection is not sustained. Such notice shall be enclosed in an envelope addressed to the objector at his address as disclosed in the notice of objection, or at his last known place of abode, and posted at the General Post Office, Christchurch. Such person may then within ten days of the posting of such notice as aforesaid appeal to a Stipendiary Magistrate under section 10 of "The Christchurch Tramway District Act, 1906," as follows:—

He shall lodge in the Magistrate's Court at Christchurch his said objection in the form of the Third Schedule hereto.

13. The Magistrate shall upon receipt of such notice fix and determine a time and place, not being later than ten days after the last day appointed for lodging such objection, to hear and determine the appeal, and such notice of the day on which the appeal shall be heard shall be forwarded by the Clerk of the Court to the Secretary.

14. Upon the date appointed for hearing of the said appeal, if the appellant does not appear the Magistrate shall strike out the case, and the appellant shall then be entitled to take no further proceedings. If the appellant shall appear, he shall state his objections to the Magistrate, who shall then hear and determine whether the objection shall or shall not be sustained.

15. When lodging notice of appeal against the decision of the Secretary the appellant shall, at the time of lodging such notice, file with the Clerk of the Court the reasons of his objections; such reasons shall be filed in duplicate, and one copy of such objections shall be forwarded forthwith by the Clerk to the Secretary.

16. When the roll or rolls has or have been completed and all objections disposed of as aforesaid it shall be the duty of the Secretary to sign the roll or rolls. The Secretary shall then bring the roll or rolls before the Christchurch Tramway Board at a meeting of the Board to be held not later than seven days from the date on which the Secretary has so signed the roll or rolls. The Board shall then by resolution certify the roll or rolls to be correct, and the same shall be signed by two members of the Board, and such roll or rolls being so certified shall be deemed to be the roll or rolls for the purposes of these regulations, and shall be used thereafter for any purposes for which the said roll or rolls is or are compiled.

17. After the said roll or rolls has or have been so certified as aforesaid, it shall be lawful for the Secretary to at any time amend the said roll or rolls by striking off the names of any person or persons when it shall be proved to him that such person or persons has or have died or is or are for any reason no longer entitled to be upon the said roll or rolls, and also to add to the said roll or rolls the names of any person or persons applying to be inserted thereon, and who shall prove to the Secretary that they possess the necessary qualifications. Such roll or rolls shall be deemed to be a supplementary roll or rolls, but no names shall be inserted on the supplementary roll or rolls within fourteen days of the date of which any poll is to be taken in respect of any loan.

18. As soon as practicable, the roll or rolls so compiled shall be printed.

19. The Secretary shall supply any person with a copy of any roll, together with a copy of any supplementary roll, upon payment of one shilling (1s.).

20. The Secretary shall be liable to a penalty not exceeding five pounds (£5) in every case where he refuses or wilfully neglects or unreasonably delays—

(a.) To place on the said roll or rolls the name of any person who makes written claim for enrolment as provided by paragraph (a) of clause 3 of these regulations; or

(b.) To faithfully and promptly perform any other duty imposed on him by the said Acts or these regulations.

21. If the Board fails or unreasonably delays to keep at the Secretary's office a supply of blank printed claim-forms for the free use of claimants as provided by clause 5 of these regulations, or to faithfully and promptly perform any other duty imposed on it by the said Acts or these regulations, every person (whether the Secretary or any member of the Board) who is party to or responsible for such failure shall be severally liable to a penalty not exceeding five pounds (£5).