Dec. 6.] THE NEW ZEALAND GAZETTE. 1761

3. Any three of the said Board shall form a quorum. Any meeting may be adjourned from time to time.

4. The members of the Board shall, at their first meeting, and thereafter at an annual meeting to be held on the third Monday in January in every succeeding year thereafter, elect one of themselves to be Chairman, who may join in the discussion, and shall have an original as well as a casting vote. The Chairman shall hold office until the election of his successor.

5. If at any meeting the Chairman is not present at the time appointed for holding the same, the members present shall choose some one of their number to be chairman of such meeting.

6. If, by resignation, death, or incapacity, or otherwise, the office of Chairman shall be or become vacant, the members may at any monthly or special meeting appoint a Chairman.

7. All questions shall be determined by the majority of votes of the members of the Board present at a meeting.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting the Fernhill Railway in the Hon. Sir Robert Stout, K.C.M.G.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-ninth day of November, 1894.

Present:

His Excellency the Governor in Council.

WHEREAS by “The Colliery Railways Vesting Act, 1893” (hereinafter termed “the said Act”), it is among other things enacted that the Governor in Council may from time to time vest in the person or persons equitably owning the same, at his or their written request, any branch line of railway connecting any colliery or coalfields with any portion of the railways vested in the New Zealand Railway Commissioners, and may also empower such person or persons to work and maintain the said branch railway, on such terms and conditions as he shall from time to time prescribe:

And whereas the branch line of railway from the main line of the Waitaki Bluff Railway to the Fernhill Colliery at Chain Hills, in the Provincial District of Otago, commonly known as the Fernhill Railway, is a colliery branch railway within the meaning of the said Act, and the Honourable Sir Robert Stout, K.C.M.G., of Dunedin, the equitable owner thereof, has made a written request that the same be vested in him under the powers conferred by the said Act:

And whereas the Governor is satisfied that all outstanding claims of the Queen or any other person against the said Sir Robert Stout in respect of the construction of the said branch railway are fully satisfied, and that there is no doubt or dispute about the ownership of such railway:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred upon him by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby declare that, on the date of the gazetting hereof, the said Fernhill Railway, as more particularly described in the Schedule hereto, shall become vested in the said Sir Robert Stout, subject to the provisions of the said Act; and that the following regulations shall apply to the management and working of the said railway: namely,—

REGULATIONS.

1. Maximum rates to be charged for carriage of goods and passengers on the Fernhill Railway:—

Minerals, per ton .. .. 1 9
Other goods, per ton .. .. 3 0
Timber, per 100ft. .. .. 0 8
Passengers, each .. .. .. 0 6

2. The owner shall be allowed to connect his line with the Government main line at the Abbotsford Station, in such manner as may be approved by the New Zealand Railway Commissioners, the owner to provide a siding on his own line outside the Abbotsford Station.

3. Trucks from the Government line for the owner’s line to be placed in the owner’s siding at Abbotsford by the Government engine, and trucks from the owner’s line for the Government line to be taken by the Government engine from the owner’s siding, at such times as may be arranged by the District Traffic Manager.

4. A charge of 1d. per ton to be made by the Commissioners for this service, in addition to classified rates for haulage of traffic.

5. The owner’s line shall, before being used, be properly completed by the owner to the satisfaction of the Commissioners, and shall thereafter be maintained by and at the sole cost of the owner in such a manner as in the opinion of the Railway Commissioners is fit and proper to enable the Government engines and rolling-stock to be run thereon.

6. The Commissioners will supply the owner with an engine at £4 per day, or at 15s. per return trip, when available.

7. The owner shall pay to the Commissioners a rental of 2d. per truck for each Government truck or van which may be run loaded or partially loaded on the owner’s line.

8. The owner shall be responsible for all damages occurring to the Commissioners’ engines or rolling-stock when on the owner’s line, reasonable wear-and-tear excepted. Payments to the owner of the allowances due to him, after deducting all the expenses chargeable against the owner, will be made four-weekly; and, provided the expenses chargeable against the owner exceed the receipts, the excess of such expenses above the receipts shall be refunded to the Commissioners by the owner for each four-weekly period within fourteen days from date of notice in writing given by or on behalf of the Commissioners to the owner.

9. Should the owner neglect or refuse to fulfil any of the conditions herein stipulated, the Commissioners may, without further process or motion, cease to work the traffic from the owner’s line; and the owner shall have no claim for compensation or damages on account of such stoppage of traffic, or on account of any action arising therefrom.

10. Except as herein expressly provided, the provisions of sections 219, 220, and 221 of “The Public Works Act, 1894,” shall apply to the management, working, and maintenance of the said railway.

11. For the purposes of these regulations the term “owner” includes the equitable owner.

SCHEDULE.

That line of railway from a point near the Abbotsford Station, on the Waitaki-Bluff Railway, to the Fernhill Colliery at Chain Hills, commonly known as the Fernhill Railway, the centre line of which is described in the Schedule to a Proclamation dated the 20th day of May, 1882, and published in the New Zealand Gazette of the 25th day of May, 1882, the total length thereof being 1 mile 60 chains or thereby: save and except that portion of the said Fernhill Railway, about 12 chains in length, which at the commencement thereof lies within the boundary of the land in Section No. 60, Block 7, Dunedin and East Taieri Survey District, owned and occupied by the New Zealand Railway Commissioners; as the said line of railway is shown in red on the plan marked P.W.D. 17333, deposited in the office of the Minister for Public Works, at Wellington.

ALEX. WILLIS,
Clerk of the Executive Council.

Removal of Restrictions on Alienation of Native Land.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this third day of December, 1894.

Present:

His Excellency the Governor in Council.

WHEREAS application has been made to the Governor in Council by Henare Kaihau, the Native owner of the land described in the second column of the Schedule hereto, praying that the restrictions on the alienation of such land contained in the Crown grant bearing date the twenty-second day of July, one thousand eight hundred and eighty-one, described in the first column of the said Schedule, may be removed: And whereas inquiry has been duly made by the Native Land Court, and the said Court has reported that the provisions of the law in that behalf have been complied with: And whereas it appears expedient to grant such application:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred on him by “The Native Land Act, 1888,” and acting with the advice and consent of the Executive Council of the said colony, doth hereby order and declare that all restrictions imposed by the said Crown grant on the alienation of the said land are hereby removed.

SCHEDULE.

ALEX. WILLIS,
Clerk of the Executive Council.