1512
THE NEW ZEALAND GAZETTE.
[No. 70

Allocating Land reserved and taken for a Railway to the Purposes of a Road in Waimate County.

(L.S.)
GLASGOW, Governor.

A PROCLAMATION.

WHEREAS the land mentioned in the Schedule hereto forms part of land taken for the purposes of the Hurunui-Waitaki Railway, and it is considered desirable to allocate such land to the purposes of a road:

And whereas it has been certified by the Minister for Railways that such land is not required for railway purposes:

And whereas such land is situated in Waimate County, the local authority of which has consented to the issue of this Proclamation:

And whereas His Excellency the Governor is of opinion that the said local authority can conveniently construct and maintain the said road:

Now, therefore, I, David, Earl of Glasgow, the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities in me vested by section one hundred and seventy-seven of “The Public Works Act, 1894,” and of every other power and authority in anywise enabling me in that behalf, do hereby proclaim and declare that the land described in the Schedule hereto shall, upon the publication hereof in the New Zealand Gazette, become a road, and that the said road shall be under the control of the Waimate County Council, and shall be maintained by the said Council in like manner as other public highways are controlled and maintained by the said Council.

SCHEDULE.

All that area in the Canterbury Land District, in the Patiti Survey District, containing 4 acres and 31 perches, more or less, situate near St. Andrew’s, being part of Reserves 631 and 633, in Block IV., in said survey district, and being bounded as follows: On the north-east by a line bearing 155° 27′, a distance of 421·2 links; on the east by a line bearing 191° 51′, a distance of 3464·6 links, and by a curved line a distance of 1135 links; on the west by the western boundary of Reserve 631, a distance of 4554·4 links; on the south-west by a line bearing 335° 27′, a distance of 252·7 links; and again on the west by the road forming the western boundary of Reserve 633, a distance of 168·5 links: the northernmost corner of which said piece of land is distant 523·7 links from the north-west corner of Reserve 633: as the said parcel of land is more particularly delineated upon the plan marked 7020, deposited in the office of the Minister for Railways, at Wellington, and thereon coloured purple.

Given under the hand of His Excellency the Right Honourable David, Earl of Glasgow; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George; Governor and Commander-in-Chief 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 fourth day of September, in the year of our Lord one thousand eight hundred and ninety-six.

A. J. CADMAN,
Minister for Railways.

GOD SAVE THE QUEEN!

Regulations reducing Rate of Interest on Common Fund, Public Trust Office, under “The Public Trust Office Consolidation Act, 1894.”

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of September, 1896.

Present:

His Excellency the Governor in Council.

WHEREAS by two Orders in Council, respectively made on the nineteenth day of March, one thousand eight hundred and ninety-five, and the twenty-first day of December, one thousand eight hundred and ninety-five, and respectively published in the New Zealand Gazette of the twenty-eighth day of March, one thousand eight hundred and ninety-five, and the ninth day of January, one thousand eight hundred and ninety-six, regulation fourteen, made by an Order in Council of the twenty-third day of January, one thousand eight hundred and ninety-five, published in the New Zealand Gazette of the twenty-fourth day of January, one thousand eight hundred and ninety-five, was revoked; and by the said Orders in Council of the nineteenth day of March, one thousand eight hundred and ninety-five, and the twenty-first day of December, one thousand eight hundred and ninety-five, other provisions were made by way of substitution for the said regulation fourteen: And whereas it is expedient again to vary the said regulation fourteen by substituting other provisions in lieu thereof, and to make other regulations: Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him by “The Public Trust Office Consolidation Act, 1894,” and of every other power and authority in that behalf, and by and with the consent and advice of the Executive Council of the said colony, doth hereby revoke the said Order in Council of the said twenty-first day of December, one thousand eight hundred and ninety-five, and, in substitution for the said regulation fourteen of the Order in Council of the twenty-third day of January, one thousand eight hundred and ninety-five, doth hereby make the following regulation, namely:—

Except as otherwise hereinafter provided, on and after the 1st day of October, 1896, the interest payable to the respective estates on moneys which form the common fund shall be at the following rates, namely:—

1. Where the moneys arising from one estate or trust do not exceed £3,000, £4 per cent. per annum.

2. Where the moneys arising from one estate or trust are in excess of £3,000, £4 per cent. per annum on the first £3,000, and £3 10s. per cent. per annum on any amount in excess of £3,000.

Provided that, as to estates of lunatics, the rate of interest shall only be £3 10s. per centum per annum for sums of £50 and upwards; and as to estates of intestates, shall only be £3 per centum per annum for all sums of £50 and upwards, except where minors are entitled, in which case such minors shall be entitled to £4 per centum per annum on all sums of £20 and upwards; and as to moneys received by the Public Trustee, or paid into the Public Trustee’s Account or into the Public Trust Office, under the provisions of “The Maori Real Estate Management Act, 1888,” and its amendments, £3 per centum per annum for sums of £50 and upwards; and as to moneys received by the Public Trustee, or paid into the Public Trustee’s Account or into the Public Trust Office, under the provisions of the following statutes, which are part of the common fund, for all sums of £50 and upwards—namely, “The Defence Act, 1886”; “The Police Force Act, 1886”; “The Rating Act, 1882”; “The Public Works Act, 1876”; “The Public Works Act, 1882”; “The Native Land Laws Amendment Act, 1883”; “The Native Land Act Amendment Act, 1878 (No. 2)”; “The Native Land Laws Amendment Act, 1895”; “The Shipping and Seamen’s Act, 1877”; and all Acts passed in amendment thereof or substitution therefor—the rate of interest shall be £3 10s. per centum per annum.

Provided always,—

(a.) That, where moneys are paid to the Public Trustee, or into the Public Trust Office, or into the Public Trustee’s Account, for the purpose of being forthwith paid to the persons entitled, then no interest shall be payable thereon; and where any question shall arise whether any moneys come under this provision, the decision of the Public Trustee shall be conclusive:

(b.) That, where moneys forming part of a testate or intestate estate are payable, or should be distributed, invested, or otherwise disposed of, in due course of administration, then, so soon as the Public Trustee has, or should in the due course of administration have, ascertained what ought to be paid, distributed, invested, or otherwise disposed of, interest shall be payable.

Interest, where payable, shall only be computed on every complete pound from the first day of the month following the day of the receipt of moneys into the Public Trustee’s Account up to the first day of the month in which payment is made, and shall be allowed clear of all charges for the receipt or collection thereof.

Interest shall only be payable on the capital, and shall not be computed upon interest unless where such interest is expressly directed to be accumulated as capital, and then only on sums of £20 and upwards.

No capital moneys paid into the Consolidated Fund under section 76 of “The Public Revenues Act, 1891,” shall be deemed to have borne or to bear interest while the same remains in the Public Trust Office.

The regulations made by the said Order in Council of the twenty-third day of January, one thousand eight hundred and ninety-five, shall be read and construed as subordinate to this Order in Council, and so that, if any conflict shall arise, this Order in Council shall prevail.

ALEX. WILLIS,
Clerk of the Executive Council.