1532

THE NEW ZEALAND GAZETTE.

[No. 48

(14.) The ballot-paper will be sent to each member whose
name appears on the list, and each member shall, immediately on receiving the ballot-paper, sign the receipt-form provided for the purpose.

(15.) All ballot-papers shall be transmitted by post or otherwise to the Returning Officer at Wellington, in envelopes which will be provided for the purpose, and must reach him not later than the ordinary course of post computed from the day after the polling-day.

(16.) No member shall in any case be compelled to record his vote, and no member shall be canvassed for votes, nor shall any candidate or other person acting on behalf or in the interest of any candidate attempt to influence voters by circular or otherwise. Any breach of this regulation shall be met by the disqualification of the candidate in whose interest the canvass is made, unless such candidate proves that he did not instigate or in any way approve of or countenance such canvass.

(17.) In the event of the candidate on whose behalf any such canvass has been made being elected, his election shall be declared void, and a special election shall ensue in accordance with subclause (5) of clause 81, for which the lists prepared for the original election shall be deemed to be the list of voters for the special election.

(18.) Any candidate who is disqualified under subclause (16) shall be debarred from seeking re-election at the ensuing special election.

(19.) Immediately after the last day fixed for the receipt at Wellington of ballot-papers, the Returning Officer shall, in the presence of the scrutineers, proceed to ascertain the total number of votes recorded for each candidate; and the Returning Officer shall cause the result to be published in an official circular, and shall declare the candidates obtaining the majority of votes in the respective divisions or branches in the respective Islands duly elected. The voting papers shall, after being counted, be enclosed in a sealed packet, and be retained by the Returning Officer. They shall not be opened unless a scrutiny be demanded, when such scrutiny shall be conducted by the Returning Officer and the two scrutineers. The papers shall remain in the Returning Officer's custody for two months, and will then be destroyed. If a scrutiny be demanded, application therefor must be made in writing to the Returning Officer by not less than seven voters within fourteen days after the publication of the results aforesaid.

(20.) Whenever there is an equality of votes at the election, and the addition of one vote will entitle any of the candidates to be elected, the Returning Officer shall himself record such additional vote.

(21.) In the event of any dispute or question arising as to the meaning of the regulations, or any portion thereof, for the conduct of elections of Appeal Boards, the same shall be referred to the Minister for determination, and his decision shall be final and conclusive.

82. (1.) Appeals shall be heard at such convenient times and places as the Board may determine.

(2.) Members of the Board shall be paid such reasonable travelling expenses, and be accorded such facilities for attending the sittings of the Board, as the Minister may determine.

(3.) Where notice of appeal has been lodged, and a person, whether a party to such appeal or not, shall—

Be resident more than twenty miles from the place of the sittings of the Board where the hearing of the appeal is appointed to be held, or

Be about to go and remain beyond such distance until after the hearing—

the party desiring to use the evidence of himself or of such person at the hearing may give notice of such desire to the Minister. Such notice shall specify the name of every person intended to be examined.

(4.) Immediately upon receiving such notice the Minister may appoint a Stipendiary Magistrate to take such evidence, or may fix a time and place for such examination, and shall transmit a copy of such notice of appointment, with a memorandum of the time and place appointed for the taking of such examination, to the Stipendiary Magistrate.

(5.) Notice of the intention to hold such examination, and of the time and place of holding the same, shall forthwith be given to the party against whom such evidence is intended to be used.

(6.) Notices to witnesses to attend such examination, and to produce books, papers, documents, and writings, may issue, and the procedure of such examination shall be the same in all respects as if such examination were the hearing of an appeal, except as may be otherwise prescribed by regulations from time to time.

(7.) All evidence given at such examination shall be taken on oath, or, if the witness so desires, on affirmation, reduced to writing, and signed by the Magistrate before whom it is taken, and by the persons giving such evidence respectively, and such writing shall be forwarded by the Magistrate to the Chairman of the Appeal Board, together with all

books, documents, papers, writings, and things admitted in evidence, or copies thereof respectively.

(8.) The costs of such examination, together with the allowances for witnesses, shall be fixed by the Magistrate on the same scale as is allowed by the Appeal Board.

(9.) Such costs and allowances, as fixed by the Magistrate, will be dealt with by the Board as if the same had been incurred at the hearing.

(10.) Every person giving evidence at such examination shall be deemed to have given his evidence in such appeal; and in any appeal it shall be sufficient to allege that such examination was held under the provisions of the Government Railways Act, 1908, and the evidence of any person given at such examination, and having been signed by the Magistrate, shall be judicially noticed by the Appeal Board without any further proof.

General.

83. Nothing in these regulations contained shall affect the probationary conditions subject to which members or persons were admitted into the service of the Department prior to the date of these regulations.

84. All departmental regulations and instructions in force at the coming into operation of these regulations are hereby revoked or modified in so far as they are in conflict with these regulations.

J. F. ANDREWS,

Clerk of the Executive Council.

Validating the Public Notifications of the Notice of Intention to raise a Loan of £1,500 for the Purpose of laying and constructing Additional Mains, Pipes, and other Waterworks within a certain Area of the Hamilton Borough.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighteenth day of May, 1910.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the Hamilton Borough Council lately proposed to raise a loan of one thousand five hundred pounds, under the provisions of the Local Bodies’ Loans Act, 1908, and its amendment, for the purpose of laying and constructing additional mains, pipes, and other waterworks within the following area.: All that part of the Borough of Hamilton to the west of the Waikato River, and all that part of the Borough of Hamilton, being part of the Town of Hamilton East, bounded—commencing at a point on the Waikato River by a line, being the south-eastern boundary-line of Allotment 219 of the Parish of Kirikiriroa, produced to the Waikato River; thence by the said Allotment 219, a line across Heaphy Terrace, Allotment 220 of the Parish of Kirikiriroa, and a line across a road one hundred links wide to the north-eastern corner of Allotment 413 of the Town of Hamilton East; thence by an education reserve to a point in Clyde Street opposite the north-western corner of Allotment 53 of the Town of Hamilton East; thence by a line across Clyde Street, Allotments 53, 52, and 51A of the Town of Hamilton East, a line across Cook Street, Allotments 54, 55, 56, 57, and 58 of the Town of Hamilton East, a line across Wellington Street and Allotments 153, 152, and 151 of the Town of Hamilton East to the north-west corner of Allotment 148 of the Town of Hamilton East; thence by Allotments 147, 146, and 145 of the Town of Hamilton East, a line across Nixon Street, Allotments 138, 137, 136, 135, 134, and 133 of the Town of Hamilton East, a line across Firth Street, Allotments 129, 128, 127, and 124 of the Town of Hamilton East, a line across Heaphy Terrace and Allotments 112 and 107 of the Town of Hamilton East to the north-west corner of the said Allotment 107; thence by the said Allotment 107 to its southern corner; thence by a line across McFarlane Street and Allotment 100 of the Town of Hamilton East to the eastern corner of Allotment 102 of the Town of Hamilton East; thence by the said Allotment 102 to its northern corner; thence by the said Allotment 102 and Allotments 103 and 83 of the Town of Hamilton East to the north-west corner of the said Allotment 83; thence by Whitaker Street to the Waikato River; thence by the Waikato River to the commencing-point: And whereas the provisions of section eight of the Local Bodies’ Loans Act, 1908, have not been complied with, inasmuch as the notice to raise the said loan required by that section, although published four times, was not published once in each week for four successive weeks: And whereas it appears that the ratepayers have not been misled by such irregularity, and it is expedient to validate the same: