Nov. 2.] THE NEW ZEALAND GAZETTE. 2535

hereby revoke the delegation to the Council of the County
of Ashburton of the powers conferred upon the Governor by
section six of “The Cemeteries Act, 1882,” in respect of
the Mayfield Public Cemetery, described in the Schedule
hereto.

———

SCHEDULE.

MAYFIELD PUBLIC CEMETERY.

ALL that area in the Canterbury Land District, containing
by admeasurement 2 acres, more or less, being Reserves
Nos. 3049 and 3069 (in red), situated in Block XI., Shepherd’s
Bush Survey District. Bounded towards the north-west by
Rural Section No. 30139; towards the north-east and south-
east by Reserve No. 2589; and towards the south-west by a
public road: as the same is delineated on the plan marked
S.G. 26149, deposited in the Head Office, Department of
Lands and Survey, Wellington, and thereon coloured red.

ALEX. WILLIS,
Clerk of the Executive Council.

———

Exempting certain Streets in the Borough of Napier from
the Provisions of Section 3 of “The Public Works Act,
1903.”

———

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirtieth
day of October, 1905.

Present:

His Excellency the Governor in Council.

WHEREAS by subsection one of section three of “The
Public Works Act, 1903,” it is, inter alia, provided
that the said section shall not apply in any case where the
local authority having control of a road or street by reso-
lution declares that the provisions thereof shall not apply to
any specified road or street, or any specified part thereof, and
such resolution is approved by the Governor in Council:

And whereas on the thirteenth day of October, one thousand
nine hundred and five, the Council of the Borough of Napier,
the local authority having control of the streets known
as Burns Road and George Street (being the streets
described in the First Schedule hereto), did by the resolu-
tion set forth in the Second Schedule hereto declare that
the provisions of section three of “The Public Works Act,
1903,” should not apply to the said streets to the extent
mentioned in such resolution:

And whereas it is deemed expedient that such resolution
should be approved:

Now, therefore, His Excellency the Governor of the
Colony of New Zealand, in pursuance and in exercise of
the powers conferred by the above in part recited Act, and
acting by and with the advice and consent of the Executive
Council of the said colony, doth hereby approve of the said
resolution.

———

FIRST SCHEDULE.

DESCRIPTION OF STREETS.

ALL that street known as Burns Road, commencing from
its junction with Battery Road, and proceeding generally
south-east to its junction with Napier Terrace, and abutting
on Sections 94, 48, 49, and 63, Borough of Napier.

Also all that street known as George Street, commencing
at its junction with Chaucer Road, and proceeding generally
east and north-east, and abutting on Lots 6, 5, 4, 3, 2, 1, of
Section 23, Borough of Napier.

As the same are more particularly delineated on the
plan marked R. 6657A, deposited in the office of the Chief
Engineer of Roads, at Wellington, in the Wellington Land
District, and thereon shown in red colour.

———

SECOND SCHEDULE.

RESOLUTION OF NAPIER BOROUGH COUNCIL.

WHEREAS by section 3 of “The Public Works Act, 1903,”
it is enacted that where land having a frontage to an exist-
ing road or street of a less width than 66 ft. is sub-
divided into allotments for the purpose of sale, the owner
shall set back the frontage of the land to a distance of at least
33 ft. from the centre line of the road or street, and shall
dedicate as a public road or street the strip of land between
the frontage line so set back and the frontage line as pre-
viously existing, and the land so dedicated shall form part of
such existing road or street:

And whereas by a proviso to the above-quoted section it is
provided that the said above-quoted section shall not apply in

any case where the local authority having control of the road
or street by resolution declares that the provisions of the
said section shall not apply to any specified road or street, or
any specified part thereof, and such resolution is approved by
the Governor in Council:

And whereas land having a frontage to existing roads or
streets over which the Borough Council of Napier has con-
trol as “local authority” within the meaning of the above-
quoted proviso, to wit, the roads or streets known as Burns
Road and George Street respectively, each of which is under
the width of 66 ft., has recently been subdivided into allot-
ments for the purpose of sale by John Vigor Brown, of
Napier, merchant, and the subdivisional plan thereof has
been lodged with the District Land Registrar, at Napier,
for deposit in the Land Transfer Office, but the said Dis-
trict Land Registrar is debarred from depositing the same
until the provisions of the said section 3 of “The Public
Works Act, 1903,” have been complied with or the said
roads or streets have been exempted from the application of
the said section, as provided by the above-quoted proviso to
the said section: And whereas the internal roads or streets
laid off on the said subdivision are under the width of 66 ft.,
the Borough Council of Napier having been empowered to
permit the laying-off of the same of a width of less than 66 ft.
but not less than 40 ft. by Order in Council made on the 4th
day of September, 1905, and gazetted in the New Zealand
Gazette of the 7th September, 1905, page 2185: And whereas
it is expedient that the Borough Council of Napier should by
r. solution declare, in terms of the above-quoted proviso, that
the provisions of the above-quoted section 3 shall not
apply to the said roads or streets known as Burns Road and
George Street respectively in so far as they abut on the land
comprised in the said subdivisional plan or any of such
land:

Now, therefore, the Borough Council of Napier doth here-
by resolve and declare that the provisions of section 3 of
“The Public Works Act, 1903,” shall not apply to the said
roads or streets known as Burns Road and George Street re-
spectively in so far as they respectively abut on the land
comprised in the said subdivisional plan or any of such land.

ALEX. WILLIS,
Clerk of the Executive Council.

———

Exempting certain Roads in East Taieri District from the
Provisions of Section 3 of “The Public Works Act,
1903.”

———

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirtieth
day of October, 1905.

Present:

His Excellency the Governor in Council.

WHEREAS by subsection one of section three of “The
Public Works Act, 1903,” it is, inter alia, provided
that the said section shall not apply in any case where the
local authority having control of a road or street by reso-
lution declares that the provisions thereof shall not apply to
any specified road or street, or any specified part thereof, and
such resolution is approved by the Governor in Council:

And whereas on the fourth day of August, one thousand
nine hundred and five, the Taieri County Council, the local
authority having control of the roads known as Riccarton
Road and Duke’s Road (being the roads described in the
Schedule hereto), did by resolution declare that the pro-
visions of the said section three should not apply to the said
roads: And whereas such resolution was in the following
terms: “Resolved, That the proposed plan of subdivision
and roading of Sections 11 and 12, Block VII., East Taieri
Survey District, as submitted by the Taieri Land Association,
be approved, and this Council declares that the provisions of
section three of ‘The Public Works Act, 1903,’ shall not
apply to the roads known as Riccarton Road and Duke’s
Road”:

And whereas it is deemed expedient that such resolution
shall be approved:

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, in pursuance and in exercise of the powers
conferred by the above in part recited Act, and acting by and
with the advice and consent of the Executive Council of the
said colony, doth hereby approve the said resolution.

———

SCHEDULE.

ALL that road known as Riccarton Road, being part of the
Riccarton to West Taieri Road, forming the south-west
boundary of Section 12, Block VII., East Taieri District,
being 60 links wide, and length 3504·4 links.

B