Oct. 26.] THE NEW ZEALAND GAZETTE. 2499

Regulation raising Rate of Interest in certain instances on Common Fund, Public Trust Office, under “The Public Trust Office Consolidation Act, 1894.”

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-third day of October, 1905.

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published in the New Zealand Gazette of the twenty-fourth day of January, one thousand eight hundred and ninety-five, was revoked; and by the said Orders in Council of the nineteenth day of March, one thousand eight hundred and ninety-five, and the twenty-first day of December, one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 by an Order in Council made on the seventh day of September, one thousand eight hundred and ninety-six, and published in the New Zealand Gazette of the tenth day of September, one thousand eight hundred and ninety-six, such substituted provisions were varied and altered, and other provisions made in lieu thereof: 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 seventh day of September, one thousand eight hundred and ninety-six, 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:—

REGULATION.

Except as otherwise hereinafter provided, as from the 1st day of October, 1905, the interest payable to the estates hereinafter specified on moneys which form the common fund of the Public Trust Office or a part thereof shall be at the following rates, namely:—

1. Where the moneys arising from a testate estate or trust other than a sinking fund do not exceed £3,000, £4½ per centum per annum.

2. Where the moneys arising from a testate estate or trust other than a sinking fund are in excess of £3,000, £4½ per centum per annum on the first £3,000, and £4 per centum per annum on any amount in excess of £3,000.

3. On moneys arising from an intestate estate the rate of interest shall be £3½ 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 £4½ per centum per annum on sums of £5 and upwards where such moneys do not exceed £3,000; and where such moneys are in excess of £3,000 such minors shall be entitled to £4½ per centum per annum on the first £3,000, and £4 per centum per annum on any amount in excess of £3,000.

4. As to estates of lunatics, the rate of interest shall be £4 per centum per annum on all sums of £10 and upwards.

5. On moneys arising in any other manner or in respect of any other estate, save as hereinafter specifically mentioned, the rates of interest allowed by the Public Trustee previous to this Order in Council shall prevail unvaried.

6. On moneys arising in respect of the provisions of “The Civil Service Reform Act, 1886,” of “The Post and Telegraph Classification and Regulation Act, 1890,” £4½ per cent. per annum; and of “The Maori Real Estate Management Act, 1888,” £4½ per centum per annum on sums of £10 and upwards.

7. On moneys arising in respect of all statutes, save as hereinbefore mentioned, which form a part of the common fund, and all Acts passed in amendment thereof or substitution therefor, for all sums of £10 and upwards the rate of interest shall be £4 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 amount ought to be paid, distributed, invested, or otherwise disposed of, interest thereon 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.

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.

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Appointing Commissioners to classify Land in Otago Land District.

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PLUNKET, Governor.

IN exercise of the powers and authorities vested in me by the one-hundred-and-eighty-ninth section of “The Land Act, 1892,” I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, do hereby appoint

DAVID BARRON,
JOHN TOUGH, and
JOHN MUNRO MCKENZIE

Commissioners to classify and report to me on the rural lands in the Otago Land District known as Runs Nos. 23, 95, 430A, 262, and 186; Section No. 70, Block IV., Table Hill Survey District; Sections Nos. 8 and 9, Block II., and 1 to 6, Block VIII., Beaumont Survey District, and 74A and 75, Block III., Tuapeka West Survey District; Sections Nos. 60 to 67, Block II., Earnslaw Survey District, and 38, 40, and 41, Block I., Glenorchy Survey District: as provided by section one hundred and eighty-nine of “The Land Act, 1892,” aforesaid.

As witness the hand of His Excellency the Governor, this eighteenth day of October, one thousand nine hundred and five.

T. Y. DUNCAN,
Minister of Lands.

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Land temporarily reserved in the Wellington Land District.

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PLUNKET, Governor.

WHEREAS by the two-hundred-and-thirty-fifth section of “The Land Act, 1892,” it is enacted that the Governor may from time to time, either by general or particular description, and whether the same has been surveyed or not, reserve from sale temporarily, notwithstanding that the same may be then held under pastoral license, any Crown lands which in his opinion are required for any of the purposes in the said section mentioned:

Now, therefore, I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities vested in me by the said Act, do hereby temporarily reserve from sale the land in the Wellington Land District described in the Schedule hereunder written, for the purpose in the said Schedule specified at the end of the description of the land so intended to be temporarily reserved.

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SCHEDULE.

ALL that area in the Wellington Land District, containing by admeasurement 1 acre, more or less, being Section No. 24, Mangawharariki Township. Bounded towards the north-east by Section No. 25, Mangawharariki Township; towards the south-east by Section No. 41, Block XV., Hautapu Survey