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Notice to be given
Provided further that no district shall be erected containing a population of less than twelve residents ;
Provided further that no district shall comprise an area greater than seventy-two square miles.
(2) Before constituting any district a notice of intention to do so shall be published in the official gazette and posted in at least one post office within such proposed district (or if there be no post office in such district then in the post office nearest thereto) at least thirty days prior to making such order.
(3) Such notice shall be addressed to the postmaster at such post office enclosed in a registered cover; and all the requirements of this Ordinance respecting the posting of notices shall be held to be completed at the expiration of twenty-four hours after the first mail carrying such notice is scheduled to reach the post office to which the notice is directed. No. 10 of 1897,
To whom addressed
4. Where a district has been organised the commissioner reorganised
may order the reorganisation or subdivision of such district in the manner which he may consider to be to the best interests of the residents of such district; and notice of such reorganisation or subdivision shall be published in the official gazette:
Provided always that every subdivision of any district shall contain a population in the proportion as fixed by section 3 of
this Ordinance. Division of (2) When any district has been reorganised or subdivided as reorganisation provided by the subsection next preceding, the commissioner
shall order such division of the funds and property of the original district to be made between the two or more new dis
tricts as he may see fit. Districts may (3) When he deems it expedient to do so the commissioner be enlarged
may order that the area of any district shall be increased ; and notice of such increase in area shall be published in the official
gazette: Proviso Provided however that the area of the enlarged district shall
not exceed seventy-two square miles and that the district so enlarged shall contain a population as fixed by section 3 of this Ordinance.
(4) The road allowances within and surrounding a district
shall form part of the district. Boundary (5) When a road allowance forms the boundary between two
adjoining districts such road allowance shall be held to be a part of both districts and one or both of them shall have charge of improvements to be made upon such road allowance according to such inutual arrangements as may be made between
them. Disorgani- (6) Should it be made to appear to the satisfaction of the
commissioner that any district constituted under the provisions of this Ordinance did not contain at the time such district was organised the population provided for in section 3 of this Ordinance, the Order creating the district may be can
celled ; and notice of the cancellation of such Order shall be published in the official gazette:
Provided however that should there be the necessary popu- Proviso lation in the district as in section 3 mentioned at the date when the disorganisation of the district is asked for the district shall be maintained as constituted. No. 10 of 1897, s. 4; No. 28 of 1898, s. 2.
ELECTION OF FIRST OVERSEER.
5. The Lieutenant Governor in Council shall name in the Nomination Order constituting the district such person as he may see fit to officer act as returning officer for the first election of an overseer in the district.
(2) Should the person so named as returning officer refuse where person or neglect or be unable from any cause to act in that capacity does not act the commissioner shall appoint such other person as he may deem fit to act as returning officer in the place of the person named by the Lieutenant Governor in Council.
(3) The person so named or appointed shall by notices posted Calling of up in four widely separated and conspicuous places within the district (one of which shall be the post office if there be one within the district) call a meeting of the residents of the district for the election of an overseer at a time and place to be stated in the said notices ; such time not to be earlier than the tenth day or later than the fifteenth day after the day on which the said notices were posted ; and the residents at such meeting shall elect by open voting one of their number as overseer.
(4) All expenditure in connection with such meeting shall Cost of be defrayed out of the funds of the district as hereinafter pro- to be dofrayed vided. No. 10 of 1897, s. 5.
6. At the first or any subsequent election of overseer every Conduct resident who has actually resided in the district for the period
of poll of one month immediately prior to the election may vote but prior to voting shall sign a declaration before the returning officer in form A in the schedule to this Ordinance and record his vote as provided in such form.
(2) The poll shall be opened at ten o'clock in the forenoon and shall be kept open until noon.
(3) Any person wilfully signing such declaration knowing that the statements he thereby makes are not true shall be guilty of an offence and liable on summary conviction to a penalty of $10.
(4) The returning officer (if he is a resident of the district) When may vote during the polling at the election of an overseer; and returning in the case of a tie shall give a casting vote in favour of one vote of the candidates, of which he may be one provided he is a resident of the district.
(5) In the case of any failure on the part of the residents to In case of elect an overseer, the commissioner may appoint such person
elect overseer as he may see fit as overseer for the district; and notice of the may be made appointment of such person shall be published in the official
gazette. No. 10 of 1897, s. 6; No. 28 of 1898, s. 3.
Disputed election of overseer
7. Whenever the due election of a person to be overseer is disputed, the commissioner may (upon receiving the complaint of any resident verified by the solemn declaration of the complainant and two other residents) investigate the matter and render such decision in and about the same as to him shall appear proper.
(2) The decision of the commissioner shall be final and shall be observed and obeyed by all persons concerned.
(3) Any person disobeying any such decision shall be liable on summary conviction thereof to a penalty not exceeding $50. No. 28 of 1898, s. 17.
PROCEDURE AT MEETING AFTER ELECTION OF OVERSEER.
Returns of election
8. Immediately after the election of an overseer the returning officer shill make his return to the commissioner, accompanying it with a record of the voters, having first veritied such record by a statutory declaration as in form B in the schedule to this Ordinance. No. 10 of 1897, s. 7.
Returning officer to preside
9. At a meeting called for the purpose of electing an overseer and after the overseer has been elected as provided, the returning officer shall continue to preside as chairman and shall receive motions which must be han:led to him in writing with the names of a mover and seconder subscribed thereto.
(2) The chairman shall put such motions to the meeting and the majority of the residents shall decide by a show of hands whether or not the motion shall carry. No. 10 of 1897, s. 8.
Motions, how to be made and voted upon
Auditor to be elected
Minutes 10. The chairman shall provide a minute book in which he
shall keep or cause to be kept a record of the meeting, which
(2) The meeting shall decide on the following subjects :
1. The election of an auditor, whose duty shall be to audit all accounts for the district and to assist the overseer to make out returns that are to be sent to the commissioner and to
report to the next annual meeting ;
district) or to be purchased jointly with any other district
(3) Should the residents at the meeting provided for in the
undertaken by the district, then the overseer shall (subject to improvements the approval of the commissioner) prepare a list of work which he may consider necessary to be perforinel in the district. No. 10 of 1897, s. 9.
11. The majority of the residents of any district at the Works ineetings held under the provisions of this Ordinance may within the decide by a majority vote that part or the whole of the im- district, how provements to be undertaken by the district shall be made authorised outside the district on a work that benefits such district, and that moneys the property of the district in the hands of the overseer may be expended outside the district on a work that benefits such district; and the overseer shall only direct such work to be done as may be decided by a majority of the residents.
(2) The whole or any part of the work to be undertaken by Destruction any district may (when so directed by a majority of the resid - Ofe noxious ents at the said meeting) be the destruction of noxious weeds on unoccupied lands in or arljoining the district; and any moneys the property of the district in the hands of the overseer may (on the authority of such meeting) be expended for the same purpose.
(3) If any accident happens to any public work in the dis- Overseer mas trict which requires an immediate outlay for the repair thereof emplee dimited or on any other occasion when any expenditure is urgently sind immediately required, the overseer may without the sanction of a public meeting make such outlay or expenditure out of the funds of the district :
Provided that no such outlay or expenditure shall exceed in any case the sum of $25. No. 10 of 1897, s. 10.
OVERSEER'S TERM OF SERVICE.
12. Every overseer elected or appointed in accordance with Overseer to the provisions of this Ordinance shall hold office for the re- for two years mainder of the year during which he was elected or appointed and for the year following and until his successor is elected or appointed unless the position becomes vacant through death, resignation, removal from the district or otherwise; and in the event of the position becoming so vacunt and upon being so advised the commissioner shall appoint such resident of the district as he may designate to post notices calling a public meeting of the residents of the district to fill such vacancy by the election of an overseer. No. 10 of 1897, s. 11.
13. An annual meeting of the residents of the district shall Annual be held between the fifteenth day of March and the seventh meetings to day of April in each year, on some day not a Sunday or holiday. The meeting shall be called by the overseer who shall (at least ten days before the date fixed for holding the meeting) post notices in at least four widely separated and conspicuous
places in the district (one of which shall be at the school house or post office in the district if there be one) giving the place, date and hour of the meeting.
(2) The residents present at the meeting shall elect one of their number to be chairman and the provisions of sections 9. and 10 hereof shall apply to such meeting. No. 28 of 1898,
When Overseers are to be elected
14. The first business transacted at the meeting called under the provisions of section 13 hereof in the last year of the term of any overseer shall be the election of an overseer to hold office under the provisions of section 12 of this Ordinance. No. 10 of 1897, s. 13.
ASSESSMENT OF DISTRICT.
Assessment to be made by overseer
15. It shall be the duty of the overseer on or before the first day of March in each year to assess every person the owner or occupant of land situate in the district as follows: (a) For any lot or lots, parcel or parcels of land so owned
or occupied not exceeding in the aggregate 160 acres,
S2.50; (6) For every 40 acres of land so owned or occupied over
and above the first 160 acres, 62 cents. No. 10 of 1897, s. 14; No. 28 of 1898, s. 5.
16. The overseer shall on or before the first day of March in each year make out a district assessment roll in which he shall set out as accurately as may be after diligent inquiry the following information : (a) Each lot or parcel of land owned or occupied within
the district, and the number of acres it contains ; (6) The name of the person assessed on account of each
such lot or parcel of land and the amount of the
assessment; (2) If the overseer does not know and cannot after reasonable inquiry ascertain the name of the owner of any property in the district, the same shall be deemed to be duly assessed if entered on the roll with a note thereon by the overseer that the owner is unknown. No. 10 of 1897, s. 15; No. 28 of 1898,
Owner not known
Omission of names from roll
17. If any property which should have been assessed has been omitted from the assessment roll the overseer shall on discovery of the omission (if within two months from the posting of the roll as herein provided) assess such property and make the necessary additions to the roll. No. 28 of 1898,
Copies of roll to be made public
18. Upon completion of the assessment roll the overseer shall post a copy of the same at the school house or post office if there is one situate within the district or (if there is po such school house or post office) in a conspicuous place in the dis