June 19.] THE NEW ZEALAND GAZETTE. 1311

Rules under “The Supreme Court Act, 1882.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixteenth day of June, 1902.

Present:

His Excellency the Governor in Council.

IN exercise and pursuance of the powers and authorities conferred by the thirty-first section of “The Supreme Court Act, 1882,” His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council thereof, and with the concurrence of His Honour the Chief Justice of the Supreme Court of the said colony, and His Honour Mr. Justice Cooper, a Judge of the said Court, doth hereby make the following rules, and doth declare that such rules shall take effect on and after the first day of May, one thousand nine hundred and two:—

PERPETUATING TESTIMONY.

519A. Any person who would under the circumstances alleged by him to exist become entitled, upon the happening of any future event, to any estate or interest in any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.

520A. In all actions to perpetuate testimony touching any matter or thing in which the Crown may have any estate or interest, the Attorney-General may be made a defendant; and in all proceedings in which the depositions taken in any such action, in which the Attorney-General was so made a defendant, may be offered in evidence, such depositions shall be admissible notwithstanding any objection to such depositions upon the ground that the Crown was not a party to the action in which such depositions were taken.

521A. Witnesses shall not be examined to perpetuate testimony unless an action has been commenced for the purpose.

ALEX. WILLIS,
Clerk of the Executive Council.

Consenting to Land being taken for a Street through Part of Section 25, Block XIV., Belmont Survey District.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixteenth day of June, 1902.

Present:

His Excellency the Governor in Council.

WHEREAS by “The Public Works Act, 1894” (hereinafter termed “the said Act”), it is, in section fourteen thereof, inter alia, enacted that there shall not be taken any land occupied by any building, yard, garden, orchard, or vineyard, or in bonâ fide occupation as an ornamental park or pleasure-ground, without the previous consent of the Governor in Council:

And whereas the consent of the Governor in Council is required to the taking of land for a street through the land described in the Schedule hereto, portions of which are occupied by buildings:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby consent to the land described in the Schedule hereto being taken for the purpose of a street.

SCHEDULE.

As the said area is delineated upon the plan marked R. 1149, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon coloured red.

ALEX. WILLIS,
Clerk of the Executive Council.

Terms and Conditions of Lease of Village-homestead Allotments in Southland.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-first day of May, 1902.

Present:

The Honourable Wm. Hall-Jones presiding in Council.

WHEREAS by the one-hundred-and-sixty-ninth section of “The Land Act, 1892,” it is enacted that the Governor in Council may fix the terms and conditions upon which the lands in any village settlement shall be disposed of, subject as in the said section is provided: And whereas by a Proclamation made under the said Act on the eighth day of June, one thousand eight hundred and ninety-three, and published in the New Zealand Gazette on the fifteenth day of June, one thousand eight hundred and ninety-three, the lands described in the First Schedule hereto have been set apart under the said Act and declared open for lease as village settlements, and it is expedient to fix the terms and conditions upon which the said lands shall be disposed of:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities conferred by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby fix the terms and conditions on which the lands mentioned in the First Schedule hereto shall be disposed of by way of lease in perpetuity, and which said terms and conditions are set forth in the Second Schedule hereto.

FIRST SCHEDULE.

SOUTHLAND LAND DISTRICT.

Village-homestead Allotments (First-class Land).

SOUTHLAND COUNTY.

Makarewa Township.

| 10 | X. | 13 0 18 | 3 2·4 | 1 1 0 |

Situated about seven miles from Invercargill. Land nearly level, mostly covered with mixed bush, and well watered. Limit of holding, 30 acres.

Oteramika Hundred.—Mokotua Village Settlement.

| 81-85 | I. | 24 1 24 | 0 7·2 | 0 7 4 |

Situated one mile and a quarter from Mokotua Railway-station. Land almost flat, soil fair, mixed bush. Weighted with £3, valuation for hut and fencing. Limit of holding, 50 acres.

WALLACE COUNTY.

Flint’s Bush Township.

| 1 | V. | 5 0 0 | 4 0 | 0 10 0 |
| 2 | V. | 5 0 0 | 4 0 | 0 10 0 |
| 3 | V. | 5 0 30 | 4 0 | 0 10 5 |

Open land of good quality, covered in part with light scrub, situated about two miles from Thornbury Railway-station. Limit of holding, 10 acres.

SECOND SCHEDULE.

1. The lands enumerated above are first-class lands, and are village-homestead allotments, open for selection on lease in perpetuity under the provisions of “The Land Act, 1892” (hereinafter referred to as “the said Act”).

2. The day on which the lands shall be open for selection shall be Tuesday, the 12th day of August, 1902.

3. The rentals stated above shall be the prices at which the lands shall be open for selection.

4. Applications for leases shall be made in manner as provided in Part I. of the said Act, and all such applications shall be made to the Commissioner of Crown Lands, Invercargill; and leases will be issued in accordance with the provisions of Part I. aforesaid.

5. Each applicant shall state his or her residence, occupation, and condition in life (namely, whether married or single), and will be required to make the declaration prescribed in Schedule C to the said Act.

6. Each applicant shall pay the first half-year’s rent, together with the lease and registration fee, and the valu-