Dec. 20.] THE NEW ZEALAND GAZETTE. 3261

Granting Power to borrow under Provisions of “The University of Otago Leases and Securities Act, 1898.”

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth day of December, 1906.

Present:

His Excellency the Governor in Council.

WHEREAS by an Ordinance of the Superintendent and Provincial Council of the Province of Otago intituled “An Ordinance to incorporate the University of Otago” it is, among other things, enacted that it shall not be lawful for the said University to alienate, mortgage, charge, or demise any lands, tenements, or hereditaments of which it shall have become seized, or to which it may become entitled to grant, purchase, or otherwise, unless with the approval of the Superintendent and Executive Council of the said province for the time being, except by way of lease for any term not exceeding twenty-one years from the time when such lease shall be made, and in and by such lease there shall be reserved the highest rent that can be reasonably obtained for the lands, tenements, and hereditaments expressed to be thereby demised without fine: And whereas by the operation of “The Abolition of Provinces Act, 1875,” all the powers and authorities theretofore vested in the Superintendents of Provinces, either alone or with the advice and consent of the Executive Councils thereof, became and are now vested in the Governor: And whereas by section five of “The University of Otago Leases and Securities Act, 1898,” it is enacted that the rents and revenues of the University, derivable as well from its endowments and lands held for special purposes or upon special trusts as from lands not so described or held, may form the security for any loan which it might thereafter, with the sanction of the Governor in Council, raise: And whereas the Council of the said University is desirous of borrowing a sum not exceeding eleven thousand pounds at interest for the purpose of paying off eleven thousand pounds borrowed by it in terms of an Order in Council dated the nineteenth day of December, one thousand eight hundred and ninety-six, and which sum will be payable upon the first day of January, one thousand nine hundred and seven, and it will be necessary that security shall be given over the property of the University as hereinafter mentioned: And whereas it is expedient that such borrowing should be sanctioned:

Now, therefore, in pursuance and exercise of the hereinbefore-in-part-recited Ordinance and Act, and of every power and authority enabling him in this behalf, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of and sanction the borrowing by the said University for the purposes aforesaid, by debentures or otherwise, of a sum not exceeding eleven thousand pounds, to be repaid with interest at a rate not exceeding five pounds per centum per annum, the repayment thereof with interest to be secured, in such manner as the Council of the said University may think fit, by a mortgage or other charge upon the rents and other revenues, or any parts thereof, derived from any endowments, lands, tenements, or hereditaments of or vested in the said University.

ALEX. WILLIS,
Clerk of the Executive Council.

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Prescribing Terms and Mode upon which the Alienation of certain Land known by the Name of Kapuarangi No. 1 West Block may be effected.

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth day of December, 1906.

Present:

His Excellency the Governor in Council.

IN pursuance and exercise of the power and authority conferred upon him by section one hundred and twenty-six of “The Native Land Court Act, 1894,” His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby prescribe the terms and mode set out in the draft deed contained in the Schedule hereto as the terms and mode upon which the alienation of the land therein mentioned may be effected.

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SCHEDULE.

This deed, made the day of , 190, between the Proprietors of the Kapuarangi No. 1 West Block, being a corporation, under Part II of Division II of “The Native Land Court Act, 1894,” of the owners of the land described in the Schedule hereto (hereinafter called “the corporation”) of the one part, and His Majesty King Edward the Seventh of the other part:

Whereas the land described in the Schedule hereto is vested in the corporation for an estate in fee-simple, and whereas Akuhata Takatua, Te Paea Kingi, Wetini Taku, Otene te Rangai, Matenga Taua, Hiriā Tauawhi, and Haka Tautuhi have been duly appointed a committee, under the provisions of Part II of Division II aforesaid and the regulations made by the Governor in Council thereunder, to administer the said land: And whereas the said committee has contracted for the sale of the whole of the said land to His Majesty:

Now, this deed witnesseth that, in consideration of the sum of two thousand eight hundred and sixty-eight pounds twelve shillings and sixpence (£2,868 12s. 6d.) paid by His Majesty the King to the committee, the receipt of which is hereby acknowledged, the corporation doth convey, assure, and set over unto His Majesty, his heirs and successors, the whole of the said land; to hold the same unto His Majesty, his heirs and successors, as an estate in fee-simple, freed and discharged from all manner of claims whatsoever and absolutely.

In witness whereof the seal of the corporation has been affixed to these presents on the day and year hereinbefore written by and in the presence of the committee, the members whereof have affixed their names as witnesses.

THE SCHEDULE.

All that parcel of land in the Auckland Land District, being called or known by the name of Kapuarangi No. 1 West Block, and situated in Block IV, Tokata Survey District; Blocks III, IV, VIII, and XII, Waiawa Survey District; and Blocks V and VIII, Waiawa East Survey District, Opotiki County, containing by admeasurement 11,474 acres 2 roods, more or less; as the said block is delineated on the plan drawn hereon. Bounded on the north by Tunapahore Block, 29000 links; on the eastward by Kapuarangi No. 1 East Block, 67508·1 links; on the south by Takaputahi Block, 12016·2 links; and on the westward by Native lands, 48328·8 links, and Tutae Pakura Block, 19687·3 links: be all the aforesaid distances more or less.

The seal of the corporation of the Proprietors of the Kapuarangi No. 1 West Block has been affixed hereto by and in the presence of us, being the members of the committee, and in the presence of the undersigned, who certify (1) that before this instrument was signed by the said Akuhata Takatua, Te Paea Kingi, Wetini Taku, Otene te Rangai, Matenga Taua, Hiriā Tauawhi, and Haka Tautuhi it had indorsed thereon a plan of all the land affected thereby, and a statement in the Maori language certified by George Henry Davies, a licensed interpreter, first grade, as correctly setting forth the effect of this instrument; and (2) that the effect of this instrument was explained by , a licensed interpreter, to the said Akuhata Takatua, Te Paea Kingi, Wetini Taku, Otene te Rangai, Matenga Taua, Hiriā Tauawhi, and Haka Tautuhi before they signed the same, and that the said Akuhata Takatua, Te Paea Kingi, Wetini Taku, Otene te Rangai, Matenga Taua, Hiriā Tauawhi, and Haka Tautuhi attached their signatures to this instrument on the day of , 190, and I, the undersigned, , a Justice of the Peace for the Colony of New Zealand, certify that I am not concerned in the transaction the subject of this instrument.

A Justice of the Peace for the Colony of New Zealand.

The licensed interpreter who interpreted the effect of this instrument to the said Akuhata Takatua, Te Paea Kingi, Wetini Taku, Otene Te Rangai, Matenga Taua, Hiriā Tauawhi, and Haka Tautuhi.

ALEX. WILLIS,
Clerk of the Executive Council.