2580
THE NEW ZEALAND GAZETTE.
[No. 76

hundred and eight, the proposal to raise such loan was
duly sanctioned, but the wording of the voting-paper
used at such election did not strictly comply with the
Form No. 1 in the Schedule to “The Local Bodies' Loans
Amendment Act, 1903” : And whereas the said Borough
Council at a special meeting held on the twenty-sixth
day of May, one thousand nine hundred and eight, made
a resolution levying a special rate as security for the said
special loan of four thousand pounds : And whereas
such resolution was confirmed at a special meeting held
on the thirtieth day of June, one thousand nine hundred
and eight : And whereas such special order levying such
special rate, though notified once in each of four weeks,
was not publicly notified once in each of the four weeks
immediately preceding the day of the last-mentioned meet-
ing : And whereas it appears that the ratepayers have
not been misled, and it is expedient to validate the pro-
ceedings as taken by the said Borough Council :

Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance and exercise of
the powers conferred by section one hundred and twenty-
one of “The Local Bodies' Loans Act, 1908,” and act-
ing by and with the advice and consent of the Executive
Council of the said Dominion, doth hereby direct that
the said voting-paper and the said special order shall be
and be deemed to have been as good, valid, and effectual
as though such voting-paper was in the required form and
such special order and public notifications of same had
been regularly made, and doth hereby declare that the
proceedings relative to the said loan shall not be called
into question by reason only of the irregularities afore-
said.

J. F. ANDREWS,
Acting Clerk to the Executive Council.

Exempting Road in Section 5, Block I, Anderson's Bay Dis-
trict, from the Provisions of Section 117 of “The Public
Works Act, 1908,” subject to certain Conditions as to the
Building-line.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixth day
of October, 1908.

Present :

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by subsection one of section one hundred
and seventeen of “The Public Works Act, 1908,” 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 subsection two of section one hundred
and seventeen of “The Public Works Act, 1908,” it is pro-
vided 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 July, one thousand
nine hundred and eight, the Bay Town Board, the local
authority having control of the road in Block I, Anderson's
Bay District, 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 Act,
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 road within a distance of thirty-
three feet from the centre-line of the said road.

SCHEDULE.

ALL that road in the Otago Land District, Bay Town Dis-
trict, commencing at its junction with District Road, in the
said town district, and running in a north-easterly direction
through Section 5 to the south-western boundary of Sec-
tion 11, all in Block I, Anderson's Bay District, being a
distance of 19¼ chains, more or less ; as the said road is
more particularly delineated on the plan marked R. 9974,
deposited in the office of the Chief Engineer of Roads, at
Wellington, in the Wellington Land District, and thereon
coloured pink.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Exempting Tennyson and Emerson Streets, Napier, from the
Provisions of Section 117 of “The Public Works Act,
1908.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixth day
of October, 1908.

Present :

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by subsection one of section one hundred
and seventeen of “The Public Works Act, 1908,” 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 subsection two of section one hundred
and seventeen of “The Public Works Act, 1908,” it is
provided that such approval may be either absolute or sub-
ject to such conditions as the Governor by Order in
Council thinks fit to impose :

And whereas on the twentieth day of May, one thousand
nine hundred and eight, the Council of the Borough of
Napier, the local authority having control of the streets
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 streets :

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

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 Act, and
acting by and with the advice and consent of the Executive
Council of the said Dominion, doth hereby approve of the
said resolution.

SCHEDULE.

THAT street in the Borough of Napier, in the Hawke's Bay
Land District, known as Tennyson Street, situated between
Herschell Street and the western boundary of Section 100,
in the said borough ; also that street known as Emerson
Street, in the said borough and land district, situated be-
tween the Marine Parade and West Clive Street, in the said
borough : as the said streets are more particularly delineated
on the plan marked R. 9936, deposited in the office of the
Chief Engineer of Roads, at Wellington, in the Wellington
Land District, and thereon coloured pink and green respec-
tively.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Closing Marsland Hill Cemetery, New Plymouth.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixth day
of October, 1908.

Present :

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS it appears to the Governor that burials in
the Marsland Hill Cemetery, at New Plymouth,
described in the Schedule hereto, should be wholly dis-
continued : And whereas a sufficient cemetery not within
the limits of any borough or town district has been provided,
and has been prepared for the interment of the dead, as
required by “The Cemeteries Act, 1908” :

Now, therefore, His Excellency the Governor, by and
with the advice and consent of the Executive Council of the
Dominion of New Zealand, and in pursuance of the autho-
rities vested in him by the said “Cemeteries Act, 1908,” doth
hereby order and direct that, from and after the first day of
May, one thousand nine hundred and nine, burials within
the Marsland Hill Cemetery, at New Plymouth, described
in the aforesaid Schedule, shall be wholly discontinued ;
and, further, that the said cemetery or burial-ground shall,
from and after the said first day of May, one thousand nine
hundred and nine, be vested in the Mayor, Councillors, and
Burgesses of the Borough of New Plymouth, under the pro-
visions and for the purposes of the seventy-eighth section
of the said “Cemeteries Act, 1908.”

SCHEDULE.

MARS LAND HILL CEMETERY.

ALL that area in the Taranaki Land District, containing by
admeasurement 2 roods 8 perches, more or less, being
Section No. 2342, Town of New Plymouth. Bounded