106
THE NEW ZEALAND GAZETTE.

in Council, at any time and from time to time, to
issue for and within the Province of Taranaki one or
more Commission or Commissions under the Public
Seal of the Colony, appointing one or more fit
person or person to be a Commissioner or Com-
missioners for the purposes therein mentioned, and
any and every such Commission at any time to
revoke, and to issue a new commission instead
thereof.

And whereas by the said Act it is further enacted
that it shall be lawful for the Governor in Council,
in and by any and every such Commission, to order
and direct that the powers and duties of the Commis-
sioner or Commissioners therein named, shall be
exercised and performed and the business of the
Commission conducted according to regulations to be
at any time and from time to time made and
prescribed by any Order or Orders in Council, and
such regulations may be made and prescribed by any
Order or Orders in Council accordingly, and may be
revoked or altered in whole or in part by any sub-
sequent regulation or regulations to be at any time
and from time to time made as aforesaid.

And whereas in pursuance and exercise of the said
power and authority, His Excellency Sir George
Grey, then being Governor of New Zealand, did by
Commission bearing date the twenty-third day of
February, 1866, appoint

JOSIAH FLIGHT, and
JOHN STEPHENSON SMITH,

both of New Plymouth, in the Province of Taranaki,
in the Colony of New Zealand, Esquires, to be "New
Plymouth Exchange Commissioners" under the said
Act, and did in and by such Commission order
and direct that the powers and duties of the said
Commissioners thereby appointed and therein named
should be exercised and performed, and the business
of the said Commission conducted according to
regulations made and prescribed by an Order in
Council of even date with the said Commission:

And whereas His Excellency Sir George Grey, then
being Governor of New Zealand, in exercise and
pursuance of the said recited power, and with the
advice and consent of the Executive Council of
New Zealand, did by a certain Order in Council
made the twenty-third day of February, 1866, order
and direct that the powers and duties of the said
Commissioners appointed by the said Commission,
should be exercised and performed, and the business
of the said Commission conducted according to
regulations set forth in the Schedule to the Order.

And whereas His Excellency Sir George Ferguson
Bowen, Governor of New Zealand, in exercise and
pursuance of all powers and authorities enabling him
in that behalf, and with the advice and consent of
the Executive Council of the said Colony, hath issued
a Commission of even date herewith revoking the
said Commission dated the twenty-third day of
February, 1866, and appointing the said Josiah
Flight and John Stephenson Smith to be New
Plymouth Exchange Commissioners under the said
first recited Act, and did in and by such Commission
define and declare the powers, duties, and authorities
of such Commissioners. And whereas it is expedient
to revoke the said regulations and to make new
regulations:

Now therefore, His Excellency the Governor, in
pursuance and exercise of the said power and
authority in him vested for this purpose, doth by
this present Order, by and with the advice and con-
sent of the Executive Council of the said Colony,
order and direct that the said Order in Council,
dated the twenty-third day of February, one thousand
eight hundred and sixty-six, and the regulations
contained therein and prescribed thereby, shall be
wholly revoked, and with the like advice and con-
sent doth hereby order and direct that the powers
and duties of the Commissioners named in the said
Commission, of even date herewith, shall be
exercised and performed, and the business of the said
Commission conducted according to the regulations
set forth in the Schedule hereto.

SCHEDULE.
Regulations.

1. Whenever any exchange of land has been
   authorized or effected without the consent of the
   original owner or owners of the land taken to be so
   given in exchange, the consent in writing of such
   owner or owners, or of their duly authorized agent,
   shall be obtained if possible.

2. When the original owner, whose land is pro-
   posed to be taken and granted in exchange without
   his consent, is an absentee from the Province of
   Taranaki, a notice specifying the name of such
   original owner, the number and acreage of the
   section to be taken and of that to be given in
   exchange for it, and calling upon such owner to
   appear by himself or agent before the Commissioners,
   shall be inserted in the New Zealand Government
   Gazette, and at least three times in the Times
   newspaper of London, unless the owner is known to
   be within the Colony.

3. The day fixed for the appearance of such
   absentee owner shall be at least four months after
   the date of the insertion of the last of such advertise-
   ments in the Times.

4. If the owner is known to be within the Colony
   of New Zealand, a notice to the above effect should
   be inserted in the New Zealand Government Gazette,
   and at least three times in some newspaper in
   circulation within the Province of Taranaki. The
   day for the appearance in such case shall be at the
   least two months after the insertion of the notice.

5. If on the day appointed the absentee owner
   does not appear in his own person or by agent, the
   Commissioners will proceed and investigate and
   decide the case in his absence.

6. Provided that before any land is authorized to be
   taken for exchange without the consent of the original
   owner, the Commissioner shall publish in the Govern-
   ment Gazette of New Zealand, and in some newspaper
   published in Taranaki, a statement specifying the
   section to be taken, and that to be given in exchange,
   with the name of the original owner and proposed
   grantee of each, and a certificate under the hands of
   the Commissioners of the actual value of each of the
   sections given and taken in exchange respectively, as
   ascertained by them, and of their being satisfied that
   the exchange will be for the mutual benefit of the
   parties concerned.

7. Provided further that no such exchange shall be
   confirmed by the Commissioners until a week at least
   after the insertion of such certificate in the news-
   paper as aforesaid.

8. The Commissioners shall be at liberty to charge
   a fee of five shillings per section in respect of every
   certificate issued by them to any person or persons
   except the Superintendent of Taranaki.

FORSTER GORING,
Clerk of the Executive Council.

Colonial Secretary's Office,
Wellington, 24th February, 1868.

HIS Excellency the Governor has in Her Majesty's
name summoned

The Hon. HENRY SCOTLAND,
of New Plymouth, in the Province of Taranaki, to
the Legislative Council of New Zealand, by Writ of
Summons under the Seal of the Colony.

E. W. STAFFORD.