84

take, and hold for the benefit of the said Town and the inhabitants thereof, any lands, buildings, hereditaments, goods, effects, or other property, and to have and to use a common seal; and they shall and may in their corporate name, and in name of their Clerk, or of any other officer authorised, sue and be sued, and take and resist all proceedings at law and in equity; and in every action or other legal proceeding relating to any such property, or to any debt, claim, or demand, it shall be sufficient to state such property to belong, or such debt, claim, or demand to be due to the Town Board of Dunedin, or to their Clerk, or to any other officer authorised, suing for the same.

2. The said Town Board shall consist of nine members; and four of the nine members to be first elected shall go out of office on the first Wednesday in the month of December 1856, and the remaining five members on the first Wednesday in the month of December 1857; and in every subsequent year those members, whether four or five, as the case may be, who shall have been longest in office, on the first Wednesday in the month of December in each year: And if a poll shall have taken place as hereinafter enacted, the four Members who shall go out of office in the year 1856, shall be those who were lowest on the poll; and if no poll shall have taken place, then the four to go out of office shall be determined by lot.

3. Every person whose name shall be on the Roll for the time being of persons entitled to vote for members for the Town of Dunedin in the Provincial Council of the Province of Otago, shall be qualified to vote at the election of Members of the Town Board.

4. Every person whose name shall be on such Electoral Roll shall be qualified to be elected a Member of such Town Board: And no Member of the Town Board who is a Justice of the Peace shall be disqualified from acting as such in the execution of any Ordinance, the execution whereof is intrusted to the Town Board, by reason of his being a Member of the Town Board: And no lender of money for the execution of any matters or things in pursuance of any such Ordinance, or assignee of any such lender, shall on that account be disqualified to act as a Member of the Town Board or Justice of the Peace in the execution of any such Ordinance.

5. In case of the insolvency, absence from the Province for twelve calendar months, or mental or legal incapacity of any of the Members of the Town Board, the seat of such Member shall be vacant, and every such vacancy, and every vacancy by death or otherwise, shall be filled up in manner hereinafter provided: And no Member of the Town Board who shall be appointed to any place or employment of profit in the execution of any Ordinance, the execution whereof is intrusted to the Town Board, shall be capable, whilst he holds such place or employment, of acting as a Member of the Town Board; and if any member so disqualified shall nevertheless presume to act as a Member of the Town Board in the execution of such Ordinance, he shall, for every such offence, forfeit and pay a sum not exceeding Twenty Pounds to any person who shall prosecute for the same, to be recovered with expenses by way of summary proceeding before the Justices of the Peace.

6. The Superintendent of the Province shall, before the first day of October next, cause the electors to assemble at a given time and place within the Town of Dunedin, of which notice shall be given in the Provincial Government Gazette, and otherwise, as he shall direct, at least ten days previously, for the purpose of electing the Members of the Town Board, and he shall yearly thereafter, before the tenth day of January, cause the said electors to assemble in like manner for the purpose of electing Members of the Town Board, in room of those who go out of office by rotation; and the electors assembled at such meeting shall make said elections by a majority of their number.

7. It shall be lawful for any two electors present at said meeting then to demand a poll; and the polling shall take place within six days thereafter, at some one or more convenient place or places in the Town of Dunedin, as the Superintendent shall fix.

8. The Superintendent shall appoint a proper person to preside at meetings of the electors for the purpose of electing the members of the said Board; and such person so presiding shall thereby be disqualified for being elected a Member, and shall have no vote except a casting vote in case of equality; and when a poll is demanded he shall officiate as Returning Officer.

9. The polling shall take place between the hours of nine o’clock forenoon and four o’clock afternoon, before the Returning Officer or a Deputy or Deputies to be appointed by the Superintendent.