Feb. 9.] THE NEW ZEALAND GAZETTE. 227

Given under the hand of His Excellency Sir James Prendergast, Knight, Chief Justice, for and on behalf of His Excellency the Governor, and as his duly-appointed Deputy, in and over Her Majesty's Colony of New Zealand and its Dependencies; and issued under the Seal of the said Colony, at the Government House, at Wellington, this eighth day of February, in the year of our Lord one thousand eight hundred and eighty-eight.

Geo. FISHER,
(For the Minister of Lands.)
GOD SAVE THE QUEEN!

Regulations under "The West Coast Settlement Reserves Acts Amendment Act, 1887."

Wm. F. DRUMMOND JERVOIS, Governor,
By his Deputy,
JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of February, 1888.

Present:

His Excellency the Deputy-Governor in Council.

WHEREAS by "The West Coast Settlement Reserves Acts Amendment Act, 1887," it is enacted that the Governor in Council may from time to time make regulations, and revoke or amend the same, as to the mode of carrying out any valuation necessary for the purposes of the enactment contained in section seven of the said Act, and, generally, to enable effect to be given thereto:

Now, therefore, I, James Prendergast, in the name and on behalf of His Excellency the Governor of New Zealand, and as his duly-appointed Deputy, in pursuance and exercise of the power and authority conferred upon the said Governor by the hereinbefore in part recited Act, and by and with the advice and consent of the Executive Council of the Colony of New Zealand, do hereby make the following regulations for the purposes hereinafter recited, that is to say,—

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

"The lessor" means the Native owner of the land;
The singular number includes the plural number;
"Writing" includes printing or any document partly printed and partly written.

2. When a lessee, being the holder of a confirmed lease, shall desire to surrender the same and obtain the grant of a new lease in lieu thereof, he shall notify such his desire in writing to the Public Trustee, and appoint an arbitrator to act on his behalf, which notice and appointment may be in the form or to the effect set out in the First Schedule hereto.

3. The Public Trustee shall forthwith give to the lessor of the land comprised and described in any such lease a notice in writing informing him of the intention of the lessee, and of the appointment of such arbitrator, which notice may be in the form or to the effect set out in the Second Schedule hereto.

4. When the lessor shall appoint and name an arbitrator on his behalf, such appointment may be in the form or to the effect set out in the Third Schedule hereto.

5. If and when either party shall make default for one calendar month from the receipt or service of any notice as aforesaid upon him, the appointment of an arbitrator to act for or on behalf of the other party may be made by the Governor, in the form or to the effect set out in the Fourth Schedule hereto.

6. Any notice to be given by either party to the other shall, when practicable, be served personally. If this shall be found to be not practicable, then it shall be sufficient if the same shall be left with some adult inmate at his place or last-known place of residence. And, as to the lessor, if he, or, if more than one, if any of their number shall have no known or last-known place of residence, then it shall be, and be deemed to be, sufficient service if the same be left with some adult member of his or their hapu. If any lessor be under any disability the notice shall be served upon his guardian, trustee, committee, or other legal representative, in manner aforesaid.

7. Before any appointment shall be made, under section 5 of these regulations, on behalf of either party in default, it shall be made to appear to the satisfaction of the Governor, by statutory declaration, that a sufficient notice has been served upon the other party; and a copy of such notice shall be identified thereby, and the manner of service described therein.

8. The notice and appointment of an arbitrator by both parties, when some one of the same writings making the same shall have been stamped in due form of law, shall be taken, construed, and considered to be, and shall be, a sufficient agreement to refer to arbitration the several matters

and things referred to the said arbitrators by the said section seven of the said Act.

9. The arbitrators so to be appointed as aforesaid shall forthwith appoint, in writing, an umpire, and shall make their award of and concerning the matters submitted to them within twenty-eight days of the service of the notice of the appointment of the arbitrator last appointed; and in the case of their failure so to do, then the said umpire shall, in like manner, make his award within twenty-eight days after notification in writing to him of the failure of the arbitrators to agree.

10. When practicable, and for the purpose of saving time and expense, the umpire shall sit with the arbitrators at the hearing of the matters submitted to them, and may examine, cross-examine, and re-examine any witnesses, at his discretion, but he shall take no part in the deliberations and decision of the said arbitrators; and in the event of their disagreement he shall have full power to sit again if he or either party or both parties shall desire, and to hear and examine further the same witnesses or any new ones that may be presented for such purpose.

11. The arbitrators and umpire respectively shall be at liberty, if they or he shall think fit, to examine the parties and their respective witnesses on oath.

12. The arbitrators, and in case they shall disagree the umpire, shall decide on the rental to be inserted in any new lease to be granted, and the terms on which the same shall be granted, and shall set the same forth clearly and explicitly in the award to be made, which may be in one of the forms or to the effect set out in the Fifth Schedule hereto, and shall be signed by the parties making the same.

13. The rental to be fixed on the new lease shall be computed on the value of the land comprised in the lease, less the value of any improvements thereon within the meaning of the existing regulations under "The West Coast Settlement Reserves Act, 1881."

14. Upon either party taking up any award to be made, a copy of the same shall be forthwith served upon the other party; and the original shall be sent to the Public Trustee, and retained by him.

15. If both parties to the said arbitration are satisfied with the said award, the Public Trustee shall proceed to grant a new lease to the former lessee, in manner provided by law.

16. If either party shall intimate his dissatisfaction with the award to the Public Trustee, then the Public Trustee shall wait one calendar month before proceeding to grant a new lease; and, if proceedings be commenced and duly prosecuted to set aside, alter, or vary any awards, then he shall await the result; otherwise he shall grant a new lease, in manner aforesaid, at any time after the expiry of the said month.

17. Every such arbitration shall be carried on in the manner prescribed (so far as applicable) by sections twelve to eighteen of "The Supreme Court Practice and Procedure Amendment Act, 1866," or any amendment thereof.

18. All costs of and incidental to the reference shall be in the discretion of the arbitrator or umpire.

19. The forms set out in the Sixth Schedule may be used when necessary or applicable.

FIRST SCHEDULE.

To the Public Trustee.
This is to give you notice that [blank] intend to surrender the lease of Section [blank], Block [blank], District of [blank], confirmed to me by the Governor in Council, and now apply to you for the grant of a new lease, as provided by the West Coast Settlement Acts.

And, further, that [blank] do hereby appoint [blank], of [blank], as and to be my arbitrator for the purposes set forth in section 7 of "The West Coast Settlement Reserves Acts Amendment Act, 1887."

As witness [blank] hand [blank], this [blank] day of [blank], 188[blank].

SECOND SCHEDULE.

To [blank], of [blank], Native Owner of Section [blank], Block [blank], District of [blank].

WHEREAS [blank] has given me notice in writing of intention to surrender the lease now held by [blank], of Section [blank], Block [blank], District of [blank], and of applying for a new lease, as provided by the West Coast Settlement Acts; and in and by the said notice further appointed [blank], of [blank], as and to be arbitrator for the purposes set forth in section 7 of "The West Coast Settlement Acts Amendment Act, 1887:"

Now this is to give you and every of you notice that you are required, within the space of one calendar month from the date of the service of this notice upon you, to name and appoint some fit person to be and act as arbitrator on your behalf in the premises, and to notify in writing such appointment to Wilfred Rennell, the Reserves Trustee at New Plymouth.

In default of your making the appointment you are hereby