Jan. 23.] THE NEW ZEALAND GAZETTE. 267

Validating an Irregularity in a Proposal to raise a Special Loan of £2,000 to form and mettal about Three Miles of the Masterton—Waimata Road in the Whakataki Valley.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirteenth day of January, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS the Castlepoint County Council lately proposed to raise, under the provisions of “The Local Bodies’ Loans Act, 1901,” a special loan of two thousand pounds for the purpose of forming and metalling about three miles of the Masterton—Waimata Road in the Whakataki Valley: And whereas the voting-papers used at the poll of the ratepayers for and against the said proposal stated that the interest payable on the proposed loan with a currency of forty-one years would be at the rate of three and a half per centum per annum, whereas “The Local Bodies’ Loans Amendment Act, 1903,” enacts that a special loan with a currency of forty-one years shall pay interest at the rate of four per centum per annum: And whereas the Legislature has during the last session of Parliament reduced the interest on special loans with a currency of forty-one years to three and a half per centum per annum, therefore the ratepayers will not be called on to pay interest in excess of the amount stated in the said voting-papers: And whereas the ratepayers have not in reality been misled, and it is expedient to validate the irregularity aforesaid:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in exercise and pursuance of the powers vested in him by section ten of “The Local Bodies’ Loans Act Amendment Act, 1902,” doth hereby validate the said voting-papers so used as aforesaid, and doth hereby declare that the poll taken on the said proposal shall not be called in question by reason only of the irregularity aforesaid.

ALEX. WILLIS,
Clerk of the Executive Council.

Validating Irregular Proceedings taken by the Hokitika Borough Council, under “The Local Bodies’ Loans Act, 1901,” for the Raising of a Loan of £5,000.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirteenth day of January, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS by section eight of “The Local Bodies’ Loans Act, 1901,” it is provided that the local authority shall publish in some newspaper circulating in the district once in each week, for four successive weeks, a notice setting forth the particulars required by section eight of the said Act in respect of any loan to be raised under that Act: And whereas the Hokitika Borough Council has taken proceedings to raise a loan of five thousand pounds under the said Act: And whereas the said notices were not published in accordance with the requirements of the said section: And whereas a lapse of thirteen days intervened between the publication of the first and second of such notices, and eight days between the publication of the second and third of such notices, and a lapse of eleven days between the last publication of such notices and the holding of the statutory meeting of the ratepayers to consider the proposal to raise the said loan under section nine of the said Act: And whereas it appears to the Government that in voting for the said loan the ratepayers have not been misled by reason of the publication of such irregular notices as aforesaid, and it appears expedient to validate all the irregular proceedings taken under the said sections eight and nine of the said Act:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in pursuance and exercise of the power and authority contained in the tenth section of “The Local Bodies’ Loans Amendment Act, 1902,” doth hereby validate all proceedings taken by the said Borough Council, under sections eight and nine of the said “Local Bodies’ Loans Act, 1901,” for the raising of the said loan, and doth hereby declare that the proceedings taken by the said Borough Council for obtaining the said loan under the last-mentioned Act shall not be called in question by reason only of the irregularities aforesaid.

ALEX. WILLIS,
Clerk of the Executive Council.

Exempting the Main Road fronting Sections Nos. 52, 54, and 56, Block II, Waimea Survey District, Waimea County, from the Operation of Section 117 of “The Public Works Act, 1905.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirteenth day of January, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING 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 fourth day of July, one thousand nine hundred and seven, the Waimea County Council, the local authority having control of the road fronting Sections Nos. 52, 54, and 56, Block II, Waimea Survey District, being the road 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 road:

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 portion of road within a distance of thirty-three feet from the centre-line of the said road.

SCHEDULE.

That portion of road known as the Main Road, in the Nelson Land District and in the Waimea County, fronting the north-western boundary of Sections Nos. 52, 54, and 56, Block II, Waimea Survey District, in the said Waimea County; as the said portion of road is more particularly delineated on the plan marked R. 8435, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon coloured red.

ALEX. WILLIS,
Clerk of the Executive Council.

Declaring Mangaowata Road, in the Whangamomona County, to be a County Road.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirteenth day of January, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

IN pursuance and in exercise of the powers vested in him by “The Public Works Act, 1905,” and of all other powers in anywise enabling him in this behalf, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the road described in the Schedule hereto shall, on and after the date of this Order in Council, be a county road.