2938
THE NEW ZEALAND GAZETTE.
[No. 99

(9.) Right of Entry.—On the happening of any loss or damage by fire to any property in respect of which a claim is or may be made under the policy, the General Manager, without being deemed a wrongdoer, may, by his authorised officers and agents, enter into the building or place in which such loss or damage has happened, and for a reasonable time remain in possession thereof, and of any property hereby insured which is contained therein, for all reasonable purposes relating to or in connection with the insurance hereby effected, and the conditions of the policy shall be evidence of leave and license for that purpose.

10.) Salvage Charges and Mode of Contribution.—In case of the removal of property to escape conflagration, the General Manager will contribute rateably with the insured and any companies interested to the expenses of salvage and the damage the property may sustain by such removal; but the General Manager will not hold himself liable for any loss or damage upon property removed from any building contrary to the declared desire of an authorised officer or agent of the said General Manager, if in a position to be consulted; and in no case shall the insured be permitted to abandon any property insured which shall be injured by or in consequence of fire, without the consent of the General Manager.

(11.) Arbitration.—If any disagreement arises between the General Manager and the insured in the adjustment of any claim, the amount, if any, to be paid by the General Manager shall, if the General Manager so desires, whether the right to recover on the policy be disputed or not, and independently of all other questions, be submitted to arbitration in such manner as is now or may be hereafter provided by any statute regulating the reference of disputes or questions to arbitration. The arbitrators or umpire shall determine the value of the property insured as it stood immediately before and the value immediately after the fire; and the award of the arbitrators or umpire shall be conclusive evidence of the amount of the loss, and the insured shall not be entitled to commence or maintain any action or other proceeding upon his policy until the amount of the loss has been referred and determined as hereinbefore provided, and then only for the amount so awarded; and this shall be a condition precedent to any right of action under the policy. Each party shall pay his or their own costs of the reference, and a moiety of the costs of the award, and of the arbitrators and umpire.

(12.) It is by the insured expressly declared and agreed that no action, suit, or other proceeding of any kind for the recovery of any moneys claimable under or by virtue of the policy shall be sustainable in any Court unless such action, suit, or other proceeding is commenced within six months next after any loss or damage has occurred, and the commencement within such period of such action, suit, or other proceeding shall be deemed to be a condition precedent to the right to recover any moneys under the policy, and this condition shall not be affected by any negotiation or correspondence between the parties or their agents.

(13.) The authorised officers or agents of the General Manager shall in no case be held personally responsible on account of any legal or other investigations which they institute for the satisfaction of the General Manager, nor shall their personal property be attached on account of any alleged loss. If any proceedings are commenced against the authorised officers or agents of the General Manager by the insured, no benefit shall be recoverable by the insured under the policy, and the insured shall be responsible for all expenses incurred in consequence of such proceedings.

ALEX. WILLIS,
Clerk of the Executive Council.

Allowing Carriages and Rolling-stock up to 8 ft. in Width to be used on the Dunedin-Kaikorai Tramway.

PLUNKET, Governor.

WHEREAS by section fourteen of “The Public Works Act, 1903,” it is enacted that, notwithstanding anything in any Act, the Governor may allow carriages and rolling-stock up to eight feet in width to be used on any tramway in cases where he is satisfied that they may be safely and conveniently used without danger to the public: And whereas application has been made by the general manager of the Dunedin and Kaikorai Tram Company (Limited) for permission to use carriages and rolling-stock up to eight feet in width on the Dunedin-Kaikorai Tramway:

Now, therefore, I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, in pursuance and in exercise of the powers and authorities vested in me by the said Act, do hereby allow carriages and rolling-stock up to eight feet in width to be used, on and after the date hereof, on the said tramway constructed under and by virtue of the provisions of two Orders in Council dated the third day of May, one thousand eight hundred and ninety-seven: Provided always that the bodies of such carriages and rolling-stock shall in no case exceed seven feet eleven inches in width.

As witness the hand of His Excellency the Governor, this fifth day of December, one thousand nine hundred and four.

WM. HALL-JONES,
Minister for Public Works.

Rural Lands in Nelson Land District open for Selection on Lease in Perpetuity.

PLUNKET, Governor.

IN pursuance and exercise of the powers and authorities conferred upon me by section one hundred and thirty-six of “The Land Act, 1892,” and section two of “The Bush and Swamp Crown Lands Settlement Act, 1903,” I, William Lee, Baron Plunket, Governor of the Colony of New Zealand, do hereby declare and provide as follows, that is to say:—

1. The rural lands enumerated in the Schedule hereto are hereby set apart for disposal by way of selection on and after the twenty-fifth day of January, one thousand nine hundred and five, at the rentals specified in the said Schedule.

2. The said lands may be selected on lease in perpetuity only, as provided by section one hundred and twenty-one of “The Land Act, 1892,” as they contain, or are supposed to contain, metal, mineral, or valuable stone, and shall not be purchased for cash.

3. For the purposes of “The Bush and Swamp Crown Lands Settlement Act, 1903,” the lands enumerated in the said Schedule hereto shall be deemed to be “heavy-bush land.”

4. No general rate shall be levied or collected by any local authority from the said lands for the period of four years from the date from which in each case respectively such land is disposed of, and no local authority shall have power to levy or collect any such rate from such land during such period.

5. After the first half-year’s rent has been paid by the selector the further instalments of rent payable by him for a period of four years shall not be demanded; provided that if at any time during the first five years of his occupancy the selector disposes of his interest in the land the rent so conceded shall be paid by him in full, and thereupon the Land Board may remit such instalments of rent payable by the incoming tenant, not exceeding in the aggregate the amount of rent previously conceded to the selector, as the Board shall think fit.

SCHEDULE.

NELSON LAND DISTRICT.—INANGAHUA COUNTY.—OWEN BLOCK.

Second-class Unsurveyed Heavy-bush Land.

Locality and Description of Land.

This block of land extends northerly from the Buller River for a distance of from six to eight miles; portion of it forms part of the Owen River Valley, the other portion being the basin of Johnston’s Creek and its tributaries.

The country consists of flats, undulating spurs, and, on the extreme east and west, high hills.

The altitude varies from 800 ft. to 2,000 ft. above sea-level; the climate is, on the whole, favourable.

The flats and swamps show good dark soil of fair depth in places on limestone formation. On the undulating portions the soil is fair, improving towards the creeks. The hilly portions show yellow to chocolate-coloured clays with light soil. Limestone shows freely over the whole block, large deposits existing about the northern end of the block.