July 30.] THE NEW ZEALAND GAZETTE. 2295

(4.) In case any such officer shall be dismissed from or cease to be
in the Department on account of the commission of a crime,
the amount to the credit of such officer may, after paying
to the Public Account any defalcations he or she may have
made, be paid to his or her legal representative, in such
manner and at such time as the Minister may de-
termine.

FIRST DIVISION.
Vacancies.

44. When a vacancy occurs in the First Division which it is ex-
    pedient to fill, the Minister shall submit to the Governor the names
    of three of the senior officers of the Department—including Chief
    Postmasters, first grade—and shall, with due regard to special quali-
    fications and aptitude, as well as seniority in class or grade, nominate
    from these the officer he deems best qualified to fill the vacancy ; and
    the Governor, after due consideration of the seniority, merit, and
    suitability of such officer, and of the special qualifications and aptitude
    requisite for the discharge of the duties of the office to be filled, may
    appoint such officer to the vacancy.
    Should the Minister consider that there is no officer suitable to
    fill the vacancy, he may report accordingly, and the Governor shall
    thereupon act as he may think fit.

CLERICAL DIVISION.
Promotions and Vacancies.

45. Vacancies in the several classes in the Clerical Division, and
    appointments to new positions therein, shall be filled in the following
    manner :—
    (1.) The undernoted classes and Chief Postmasters and Postmasters
    grades are grouped together as classes for purposes of promotion and
    filling vacancies; each group to be regarded as one class—namely,
    that below the class in which the vacancy occurs.
    First Group.—Second Class, and Chief Postmasters, second grade.
    Second Group.—Third Class, and Chief Postmasters, third grade.
    Third Group.—Fourth Class, and Postmasters, first grade.
    Fourth Group.—Fifth Class, first grade, and Postmasters, second
    grade.
    Fifth Group.—Fifth Class, second grade, and Postmasters, third
    grade.
    Sixth Group.—Sixth Class, and Postmasters, fourth grade.
    The Secretary shall certify—
    That it is necessary to fill the vacancy or to make the new
    appointment ;
    That the officer selected is capable of filling the vacancy ;
    That he has passed the prescribed examination ; and
    That he is best suited for the appointment.
    (2.) In the First Class the Secretary or Superintendent shall, with
    due regard to special qualifications and aptitude, as well as seniority
    in class or grade, nominate three of the senior officers in the first group,
    and from these he shall select the officer he deems best qualified to fill
    the vacancy ; and the Minister, after due consideration of such officer’s
    special qualifications and fitness for the position, may recommend him
    for appointment accordingly. The expression “senior officers” shall
    mean the officers who have been longest in either of the classes or grades
    of which the group is composed.
    (3.) In any other class than the first the senior officers of the group
    next below that in which the vacancy occurs shall be eligible to fill
    such vacancy, and shall be nominated in the same manner as if filling
    a vacancy in the First Class.
    (4.) If it shall be found that no officer in the class next below that
    in which the vacancy occurs is eligible for promotion to the vacancy
    by reason of merit and suitability, or if the Minister considers the
    vacancy to be one requiring special experience or special knowledge,
    then such vacancy shall be filled up from any class in such division in
    which a person qualified by merit and suitability, or special experience
    or special knowledge, as the case may be, can be found.
    (5.) In all cases coming within the last preceding subsection, the
    Minister shall certify that the officer selected is entitled to the vacant
    office ; and upon such certificate the Governor may, subject to the