3292
THE NEW ZEALAND GAZETTE.
[No. 96

of the Executive Council of the said Dominion, doth hereby, as from the date when this Order in Council takes effect, revoke Rule 25 of the rules made under the said Act on the twenty-first day of March, one thousand eight hundred and ninety-three, and published in the Gazette of the twenty-third day of March then instant, and also Form No. 6 in the Appendix thereto, and in lieu thereof doth hereby make the rule and prescribe the form set forth in the Schedule hereto; and doth hereby declare that this Order in Council shall take effect on and after the ninth day of December, one thousand nine hundred and seven.

SCHEDULE.

RULE 25. Where a debtor is arrested under a warrant issued under section 88 of the Act, he shall be given into the custody of the Gaoler or keeper of the prison mentioned in the warrant, who shall produce such debtor before the Court as it may from time to time direct, and shall safely keep him until he finds sureties to the satisfaction of the Court that he will appear and attend from time to time as the Court may order until he is discharged by the Court; and any books, papers, moneys, and property belonging to the debtor which may be seized shall forthwith be lodged with the Official Assignee.

Form No. 6. (Rule 25.)

WARRANT AGAINST DEBTOR UNDER SECTION 88 OF THE ACT.

[Title.]

To __, Officer of this Court, and to the Keeper of the [Here insert the prison].

WHEREAS at the instance of the Official Assignee [or of __, a creditor] it has been made to appear to the satisfaction of the Court by evidence taken upon oath that there is probable reason to suspect and believe that the said A. B., of __, is about to go abroad [or quit his place of residence] with a view of defeating, delaying, or embarrassing proceedings under “The Bankruptcy Act, 1892.”

[Or that there is probable cause to suspect and believe that the said A. B. is about to remove his property, or some part of it, with a view of preventing or delaying such property being taken possession of for the purposes of “The Bankruptcy Act, 1892,” or that the said A. B. has concealed, or is about to conceal or destroy, his property, or some part of it, or his books, documents, or writings, or some or one of them] :

These are therefore to require you, the said __, to take the said A. B. and to deliver him to the said keeper of the above-named prison, and you, the said __, to receive the said A. B., and him safely to keep in the said prison until he finds sureties to the satisfaction of the Court that he will appear and attend from time to time as the Court may order until he is discharged by the Court.

Dated this __ day of __, 19____.

By the Court.

__, Registrar.

NOTE.—When the warrant is issued during a vacation, or the absence of the Judge, &c. (section 15), the Registrar should state the fact.

ALEX. WILLIS,
Clerk of the Executive Council.

[NOTE.—In substitution of Order in Council published in the Gazette of 31st October last.]

Exempting New Western Line, Francis, Cameron, and Plantation Roads from the Provisions of Section 117 of “The Public Works Act, 1905,” subject to certain Conditions as to the Building-line.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this first day of November, 1907.

Present:

His Excellency the Governor in Council.

WHEREAS by subsection one of section one hundred and seventeen of “The Public Works Act, 1905,” 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 resolution 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 by section three of “The Public Works Act Amendment Act, 1906,” it is provided that such approval may be either absolute or subject to such conditions as the Governor by Order in Council thinks fit to impose:

And whereas on the fifth day of August, one thousand nine hundred and seven, the Waitotara County Council, the local authority having control of the roads known as New Western Line, Francis, Cameron, and Plantation Roads, being the roads described in the Schedule hereto, did by resolution declare that the provisions of the said section one hundred and seventeen should not apply to the said roads:

And whereas it is deemed expedient that such resolution should be approved, subject to the condition hereinafter mentioned:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and in exercise of the powers conferred by the above-in-part-recited Acts, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution, subject to the condition that no building or part of a building shall at any time be erected on either side of the said roads within a distance of thirty-three feet from the centre-line of the said roads.

SCHEDULE.

That road in Brunswick Riding, Waitotara County, known as the New Western Line, commencing from a point on the Great North-western Road, and proceeding thence in a northern direction generally to Brunswick Road, in the said county, a distance of 2 miles 70 chains, more or less; as the said road is more particularly delineated on the plan marked R. 9078, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, thereon coloured sienna, and lettered A.B.

That road known as Francis Road, in the Waitotara County, proceeding in a northerly direction from its junction with Swamp Road a distance of about one mile to a public road in the said county.

Also that road known as Cameron Road, in the Waitotara County, commencing at a point on the said Francis Road, and proceeding easterly for a distance of 34 chains, more or less, to its junction with Plantation Road.

Also that road known as Plantation Road, in the Waitotara County, commencing from its junction with the said Cameron Road, and proceeding in a south-westerly direction to the south-easterly corner of Section 48, Block V, Westmere Survey District, being a distance of 21 chains, more or less.

As the said roads are more particularly described on the plan marked R. 9078A, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, thereon coloured sienna, and lettered A.B., C.D., and D.E. respectively.

ALEX. WILLIS,
Clerk of the Executive Council

Validating the Notice and Meeting of the Ratepayers in connection with a Loan of £2,000 for the Purpose of grading, metalling, and erecting Culverts, and otherwise improving Roads, in the Newcastle Riding of the Waipa County, applied for by the Waipa County Council.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this first day of November, 1907.

Present:

His Excellency the Governor in Council.

WHEREAS the Waipa County Council has applied to the Colonial Treasurer, under the provisions of “The Local Bodies’ Loans Act, 1901” (hereinafter called “the said Act”), for a loan of two thousand pounds for the purpose of grading, metalling, and erecting culverts, and otherwise improving roads, in the Newcastle Riding of the Waipa County: And whereas by the ninth section of the said Act it is provided that a meeting of ratepayers to consider a proposed loan shall be called by public notice for a day not more than ten days after the last publication of the notice required by the eighth section of the said Act: And whereas by a public notice published in the Waikato Argus newspaper on the sixteenth day of April, one thousand nine hundred and seven, a meeting of ratepayers to consider the proposal to borrow the said sum of two thousand pounds was called for the twenty-fourth day of April, one thousand nine hundred and seven, being more than ten days after the last publication of the notice given under the eighth section of the said Act as aforesaid: And whereas the said meeting of ratepayers was duly held at the Te Kawaihi Town Hall on the said twenty-fourth day of April, one thousand nine