Feb. 2.] THE NEW ZEALAND GAZETTE. 421

Fees payable to Clerks.

56. The following fees shall be payable to the Clerk in respect of the matters referred to, and (in the first instance) by the person or party on whose application the matter referred to is done (section 127) :—

s. d.
Filing industrial agreement … … … 5 0
Filing application to Council … … … 6 0
Filing any other document … … … 3 0
Issue of a summons (including the seal of Court) … 3 0
Certified copy of report or recommendation of Council, or of awards or order, &c., of the Court … 1 0
In procedure for obtaining evidence at a distance : The fees prescribed under the Magistrates’ Courts Act, 1908.

All such fees shall be prepaid in stamps.

J. F. ANDREWS,
Clerk of the Executive Council.

Regulations under the Tramways Amendment Act, 1910.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of February, 1911.

Present :

THE HONOURABLE J. A. MILLAR PRESIDING IN COUNCIL.

IN pursuance and in exercise of the powers conferred upon him by section five of the Tramways Amendment Act, 1910 (hereinafter referred to as “the said Act”), 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 advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations for the purposes of paragraph (g) of the said section five.

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REGULATIONS.

1. The several tramway districts and the boundaries thereof as are respectively described in the Schedule hereto are hereby defined to be tramway districts within the meaning of and for the purposes of the said Act.

2. In these regulations, if not inconsistent with the context,—

“Board,” “Chairman,” or “Clerk” means respectively the Board, Chairman, or Clerk of an Appeal Board as hereinafter defined :

“Employer” means any local authority, company, Board, or person which employs labour for the purpose of working any public tramway authorized under the Tramways Act, 1908, or any Act repealed thereby.

“Employee” means any person paid by an employer as herein defined, and working in connection with any tramway authorized under the Tramways Act, 1908, or any Act deemed to be repealed thereby :

“Industrial Union of Tramway Workers” means a union (whether called by that name or otherwise) which is registered under the provisions of the Industrial Conciliation and Arbitration Act, 1908, and of which union the tramway employees or the majority of them in any tramway district are members :

“Minister” means the Minister of Public Works.

3. An Appeal Board for each of the tramway districts described in the Schedule hereto is hereby constituted, each of which Boards shall consist of one representative to be appointed by the employers, and one representative to be appointed by the employees of the tramways within such tramway district as is hereinafter provided, and the senior Magistrate for the time being exercising jurisdiction in such district. The Magistrate shall be Chairman of the Board, and the Clerk of the principal Court at which such Magistrate presides shall be Clerk to the Board.

4. The Appeal Board for each tramway district shall hear and determine all appeals arising in its district by tramway employees therein against dismissals, disratings, fines, or other punishments, or reductions in pay or other emoluments, inflicted by their employers, and also appeals on the ground of promotion being unreasonably withheld; but nothing in these regulations shall be held to empower the Board to hear and determine appeals in respect to any other matter.

5. The members of the Board shall be appointed in the following manner :—

(a.) The Clerk shall, not later than the 28th day of February, 1911, and thereafter from time to time whenever it may be necessary, as vacancies in the Board occur, publish a notice in some newspaper circulating in the tramway district calling upon employers and employees in such district to nominate a person to represent each of them respectively on the Board, and to send such nomination in writing to him within a period of fourteen days from such date. The Clerk shall post a copy of such notice to each employer, and to the secretary of the Industrial Union of Tramway Workers in such district on behalf of the tramway employees in such district, and he shall send a copy of such notice to the manager of every tramway in the district with a request that it shall forthwith be exhibited in a prominent position in the principal carshed of such tramway, and the neglect or failure of any manager to comply with such request shall be deemed to be a breach of these regulations punishable as hereafter provided.

(b.) If there is only one employer in the tramway district, the person nominated by him or it, or if there is more than one employer in such district, and all such employers nominate the same person, such person shall in either case be deemed to have been duly appointed by such employer or employers.

(c.) If there is more than one such employer in the district, and if the names of more than one person be nominated, the Clerk shall ascertain the capital value respectively as shown in the last balance-sheet of the tramway or tramways belonging to each employer, and the person nominated by the employer or employers the capital value of whose tramway or tramways separately or together is found to be represented by a greater capital value than the capital value of the tramway or tramways of any other employer or employers in the tramway district shall be deemed to be the person appointed by the employers in such district.

(d.) The Industrial Union of Tramway Workers in the district shall within the period mentioned in the notice referred to in subclause (a) hereof take such steps as it thinks fit to ascertain from the employees in the tramway district what person is appointed by them to represent them on the Board, and the secretary of such union shall in writing within such period notify the Clerk of the name of the person so appointed.

6. The members of the Board appointed by the employers and employees respectively shall hold office for a period of three years from the date of their appointment, and shall be eligible for reappointment.

7. If any member appointed either by the employers or employees—

(a.) Dies, resigns, is an undischarged bankrupt, becomes bankrupt, or is convicted of any crime, or is of unsound mind, or is an alien; or

(b.) Is proved to be guilty of inciting any industrial union or employee to commit any breach of an industrial agreement or award; or

(c.) Is absent from three consecutive meetings of the Board—

his office shall in any such case become vacant, and the vacancy thereby caused shall be deemed to be a casual vacancy.

8. Every casual vacancy shall be filled by the same appointing authority, and as far as practicable in the same manner and subject to the same provisions as in the case of the vacating member, and the person so appointed shall hold office for the residue of the term of the vacating member. Upon any casual vacancy being reported to the Clerk, he shall take such action as may be necessary in terms of clause 5 hereof to procure the appointment of another member to fill such vacancy.

9. The presence of the Chairman and of at least one of the other members of the Board shall be necessary to constitute a quorum at every meeting of the Board.

10. In all matters coming before the Board, the decision of the Board shall be determined by a majority of the votes of the members present, except in the case of an equality of votes, in which case the Chairman shall have a casting-vote.

11. The Board may, subject to clause 9 hereof, act notwithstanding any vacancy in its body, and in no case shall any act of the Board be questioned on the grounds of any informality in the appointment of a member, or on the ground that the seat of any member is vacant, or that any supposed member is incapable of being a member.

12. In the case of the illness or unavoidable absence of the Chairman of the Board, the Governor shall appoint some other Magistrate to act as Chairman during such illness or absence, and in the case of the illness or unavoidable absence of either of the other members of the Board, or in the event of the employers or employees neglecting or failing to appoint a member of the Board, the Governor may in any such case temporarily appoint some suitable person to act as a member of the Board during