JUNE 3.] THE NEW ZEALAND GAZETTE. 1127

Now, therefore, His Excellency the Administrator of the Government of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in exercise of the powers and authorities vested in him by the fourth section of “The Public Reserves Act, 1881,” doth hereby declare that from and after the day of the date hereof the reserve mentioned in the Schedule hereto shall become vested in “The Kihikihi Town Board,” in trust, for public saleyards.

SCHEDULE.

All that parcel of land in the Auckland Land District, being Allotment No. 333 of the Town of Kihikihi, containing by admeasurement 3 roods 29 perches, more or less. Bounded towards the north by Nixon Street, 50 links; towards the east by Allotment No. 334 of the Town of Kihikihi, 400 links; towards the south by Herbert Street, 380 links; towards the west by Nixon Street, 43 links; and towards the north-west by the same street, 485 links, to the point of commencement: be all the aforesaid linkages more or less; as the same is delineated on the plan deposited in the office of the Chief Surveyor, Auckland.

ALEX. WILLIS,
Clerk of the Executive Council.

Delegating Powers to the Chairman of the Mongonui County Council to control a Private Ferry at Taipa River.

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirty-first day of May, 1897.

Present:

His Excellency the Administrator of the Government in Council.

WHEREAS by the two hundred and fifty-ninth section of “The Counties Act, 1886,” it is enacted that the Governor in Council may from time to time delegate to the Chairman of any County Council for the time being, by his office and not by name, as he thinks fit, all the powers vested in him by sections two hundred and fifty-seven and two hundred and fifty-eight of the said Act, subject, however, to the condition that no occupation of Crown lands shall be authorised under any such delegation without the sanction of the Governor:

Now, therefore, His Excellency Sir James Prendergast, Administrator of the Government of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred by the hereinbefore in part recited Act, and of all other powers and authorities enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said colony, doth hereby delegate to the Chairman of the Mongonui County Council for the time being all the powers vested in the Governor by sections two hundred and fifty-seven and two hundred and fifty-eight of the hereinbefore in part recited Act so far as the same are applicable to the establishment of a ferry across the Taipa River in the position shown in the Schedule hereto; subject, however, to the condition that no occupation of Crown lands shall be authorised under this delegation without the sanction of the Governor; and subject also to the provisions of “The Counties Act, 1886,” affecting the exercise of the powers hereby delegated.

SCHEDULE.

At the crossing of the Taipa River by the road which proceeds from Awanui to Mongonui via Taipa Township, situated in Mongonui County, in the Auckland Land District, the said crossing being delineated upon the plan marked S.G. 35604, deposited in the Head Office of the Department of Lands and Survey, at Wellington, in the Wellington Land District, and thereon coloured red and marked A.

ALEX. WILLIS,
Clerk of the Executive Council.

Rules and Regulations under Division II., Part II., of “The Native Land Court Act, 1894.”

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirty-first day of May, 1897.

Present:

His Excellency the Administrator of the Government in Council.

WHEREAS in exercise of the powers conferred upon him by sections one hundred and twenty-six, one hundred and twenty-nine, and one hundred and thirty of “The Native Land Court Act, 1894” (hereinafter called “the said Act”), and of all other powers in and by the said Act him thereto enabling, His Excellency the Governor of the Colony of New Zealand, acting under the advice and consent of the Executive Council of the said colony, did, on the first day of April, one thousand eight hundred and ninety-five, make certain rules and regulations (hereinafter called “the original rules and regulations”) for the purpose of giving full effect to the provisions of Division II., Part II., of the said Act:

And whereas the original rules and regulations were gazetted on the fourth day of April, one thousand eight hundred and ninety-five: And whereas it is expedient to amend the original rules and regulations in manner herein-after appearing:

Now, therefore, in exercise of all and single the hereinbefore-recited powers, and of all other powers and authorities him enabling in this behalf, His Excellency the Administrator of the Government of the Colony of New Zealand, acting with the advice and consent of the Executive Council of the said colony, doth hereby amend and extend the original rules and regulations in manner appearing in the Schedule hereto.

SCHEDULE.

1. CLAUSES 65 and 67 of the original rules and regulations are hereby amended by omitting the words “and the Public Trustee” from each of those clauses.

2. The Public Trustee shall cause true accounts to be kept of all sums received, expended, or otherwise disposed of by him, and the matters in respect of which such receipts, expenditure, or dispositions take place, and shall, as soon as conveniently may be after the close of each half-year, furnish the Committee with a copy of such accounts for such half-year.

3. The copies of such accounts so furnished as aforesaid shall be deemed to be the copies referred to in clause 66 of the original rules and regulations.

4. Nothing contained in clause 81 or in any other clause of the original rules and regulations shall be construed to impose on the Public Trustee any duty to inquire into or consider the terms or conditions or sufficiency of any lease, save for the purpose of satisfying himself that the lease is so drawn as to give full effect to the provisions of subclauses (1) and (2) of the aforesaid clause 81.

5. Before suing or taking any other proceedings to recover any rent payable under any contract in any such lease, the Public Trustee may, in his discretion, refer the matter to the Committee, and, if the Committee so requests, he may, in his discretion, grant time for the payment thereof, or refrain from taking any proceedings for the recovery thereof.

6. In any case where the lessee makes default in the observance of any covenant or provision in his lease (other than default in the payment of rent) it shall lie upon the Committee to inform the Public Trustee thereof, and to request him to sue or refrain from suing in respect of such default, as the Committee thinks expedient, and the Public Trustee may, in his discretion, comply with such request.

7. All costs and expenses incurred or payable by the Public Trustee under the original rules and regulations or under these regulations, or arising out of any action or proceeding thereunder, shall be deemed to be expenses within the meaning of section 129 of “The Native Land Court Act, 1894.”

ALEX. WILLIS,
Clerk of the Executive Council.

Excepting Land from Operation of Section 117 of “The Native Land Court Act, 1894.”

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirty-first day of May, 1897.

Present:

His Excellency the Administrator of the Government in Council.

WHEREAS by section four of “The Native Land Laws Amendment Act, 1895,” it is enacted that the Governor may, by Order in Council, except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894” (hereinafter called “the said Act”), for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein or right over the same, or may in like manner make such exception in favour exclusively of any lessee or other person who has been bonâ fide in occupation of and has made improvements on such