566
THE NEW ZEALAND GAZETTE.

G. F. BOWEN, Governor.

ORDER IN COUNCIL.

At Wellington, this sixth day of October, 1869.

Present:

THE HONORABLE WILLIAM FOX, PRIME MINISTER,
PRESIDING, AND MEMBERS OF THE EXECUTIVE
COUNCIL.

WHEREAS by "The Provincial Compulsory
Land-Taking Act, 1866," it is enacted that
Standing Rules and Orders shall be prepared and
adopted by every Provincial Council, regulating the
proceedings on bills authorizing the taking of land
compulsorily, but that the same shall have no force
or effect until they have been approved of by the
Governor in Council, and been published in the New
Zealand Gazette: And whereas the Standing Rules
and Orders contained in the Schedule hereto have
been prepared and adopted by the Provincial Council
of the Province of Canterbury, and it is expedient
that effect should be given to the same:

Now therefore I, Sir George Ferguson Bowen,
the Governor of New Zealand, in pursuance and in
exercise of the power and authority vested in me by
the said Act, do hereby approve of the Rules and
Orders contained in the Schedule hereto, as adopted
by the said Provincial Council of Canterbury, for
regulating the proceedings in the said Council on
Bills authorizing the taking of land compulsorily.

WILLIAM FOX,
Presiding.

THE following Rules and Orders shall be the Standing
Rules and Orders for regulating the proceedings on
Bills for the compulsory purchase of land under "The
Provincial Compulsory Land-Taking Act, 1866."

1. There shall be a Committee of the Council, to
   consist of the Chairman of Committees and four
   other Members to be nominated by the Provincial
   Council each Session, whose duty shall be to consider
   and report respecting every Bill that shall be referred
   to them.

2. Every Bill, after it shall have been read a first
   time, shall be referred to such Committee.

3. Compliance with the Standing Orders following,
   numbered from 4 to 11 inclusive, shall be proved
   before such Committee.

4. A notice shall be given of every Bill, which
   shall state shortly the nature of the intended work
   or undertaking, and the other objects (if any) of
   such Bill, and shall describe the land intended to be
   taken by every such Bill, and shall state the names
   of the townships or districts from, in, through, or
   into which the work or undertaking is intended to
   be made, maintained, varied, extended, or enlarged,
   and shall state the time and place of deposit of the
   plans, sections, and books of reference respectively,
   at the office hereafter specified.

5. Such notice shall be published once in the
   Government Gazette of the Province, and once a
   week for three consecutive weeks in one of the local
   newspapers circulating within the Province; and the
   first of such notices shall be published not less than
   one, and not more than two calendar months before
   the commencement of the Session of the Council in
   which such Bill shall be introduced.

6. One calendar month at least before the com-
   mencement of the Session of the Council in which
   any Bill shall be introduced, application must be
   made to the owners or reputed owners, lessees or
   reputed lessees, and occupiers of all lands and houses
   so intended to be taken, or which may be taken, as
   being within the limits of deviation defined upon the
   plan, and such application shall be as nearly as may
   be in the form or to the effect set forth in the
   Appendix marked A.

7. Such application shall be made by delivering the
   same personally to every such party, or by leaving
   the same at his usual place of abode, or, in his absence
   from the Province, with his agent, before the calendar
   month aforesaid, or by forwarding the same by post
   in a registered letter addressed with a sufficient
   direction to his usual place of abode, and posted
   before the time aforesaid at some Post Office in the
   Province, at such hours and according to such regu-
   lations as may from time to time be in force for the
   posting and registration of registered letters. Pro-
   vided always, that if the place of abode of any such
   party cannot, after reasonable inquiry, be found, and
   if it cannot, after reasonable inquiry, be found that
   any such party has any agent within the Province,
   such application may be made by leaving the same on
   some conspicuous part of the land proposed to be
   taken before the one calendar month aforesaid.

8. In all cases the written acknowledgment of the
   party applied to shall, in the absence of other proof,
   be sufficient evidence of an application having been
   made; and in case of an application or notice having
   been forwarded by post in a registered letter, the
   production of the Post Office receipt for such letter,
   duly stamped, shall be sufficient evidence of the due
   delivery of such letter, provided it shall appear that
   the same was properly and sufficiently directed, and
   that the same was not returned by the Post Office
   as undelivered.

9. Separate lists shall be made of the names of
   such owners, lessees, and occupiers, distinguishing
   those who have assented, dissented, or are neuter in
   respect to such application, or who have returned no
   answer thereto; and where no written acknowledg-
   ment has been returned to an application forwarded
   by post, or where such application has been returned
   as undelivered at any time before the making up of
   such lists, the direction of the letter in which the
   same was so forwarded shall be inserted therein.

10. No notice served or application made on a
    Sunday, Good Friday, or Christmas Day, or before
    eight o'clock in the forenoon or after eight o'clock
    in the afternoon of any day, shall be deemed valid,
    except in the case of delivery of letters by post.

11. Plans, books of reference, and sections relating
    to the work or undertaking, and to the land proposed
    to be taken, shall be deposited for public inspection
    at the office of the Provincial Secretary one calendar
    month at least before the commencement of the
    Session in which any Bill shall be introduced. Such
    plans, books of reference, and sections, shall be, as
    nearly as may be, of the same nature and description
    as would be required in similar cases by the Standing
    Orders of the General Assembly of New Zealand
    relative to Private Bills.

12. All petitions for or against any such Bill shall
    be referred to the said Committee.

13. No Bill shall be read a second time until the
    Committee have reported in writing, under the
    hand of their Chairman, that the preceding Standing
    Orders, numbered 1 to 11 inclusive, have been com-
    plied with.

14. The word "Bill" in the foregoing Standing
    Orders shall mean a Bill for the compulsory pur-
    chase of land under "The Compulsory Land-Taking
    Act, 1866."

15. Every Bill for the compulsory purchase of
    land, except as otherwise provided by these Standing
    Orders, shall be proceeded with as a Public Bill.

APPENDIX A.

To
NOTICE is hereby given to you that application is intended to
be made to the Provincial Council of Canterbury in the ensuing