2998

THE NEW ZEALAND GAZETTE.

[No. 98

receipts, if demanded, shall be given by the storekeeper
or his assistants for the number of packages received into
and from the store, and such receipts shall specify that goods
must be given by ship or consignee before placing any goods
on board. Should any dispute arise between the storekeeper and
the contents of packages, nor for damage to or loss to any goods
contained therein, nor for any deficiency in the contents of
any packages received from the ship or from the consignee, nor for any
negligence on the part of the storekeeper or of his assistants
and all such goods placed in the store shall remain at the risk of
the owner. The storekeeper or Collector may detain any
goods until all or any charges due for wharfage, or other fees,
or storage thereupon shall be paid.

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

Exempting Main Street and Spencer Road, in the Borough
of Foxton, from the Provisions of section 100 of “The
Public Works Act, 1908,” subject to certain Conditions.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twentieth
day of November, 1908.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by subsection one of section one hundred
of “The Public Works Act, 1908,” power to exempt
is, inter alia, provided that the said section shall not apply
to any street, road, or part of a street or road which is not
more than ten feet in width, or which for any other reason
thereof shall not apply to any specified road or street, or
any specified part of such road or street as may be exempted
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
subject to such conditions as the Governor in Council or
Council thinks fit to impose:

And whereas on the sixteenth day of February, one
thousand nine hundred and eight, the Council of the
Borough of Foxton, by local authority, control, or resolution,
agreed to exempt from the provisions of the said section ten of the
streets described in the Schedule hereto, did so reso-
lution which was duly gazetted on the twenty-second day
hundred and seventeen should not apply to the said streets:

And whereas it is deemed expedient that such exemption
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 and authority vested in him, and by and with the advice and consent of the Executive
Council of the said Dominion, doth hereby approve of the
said exemption, subject to the condition that there shall
be widened to thirty-six feet eight inches and Spencer
road to thirty-six feet four inches.

SCHEDULE.

That street known as Main Street, in the Borough of
Foxton, commencing at its south-western corner of Lot
of Suburban Section 10, and running in a north-easterly
general direction for a distance of twenty chains; and that
that street in the said borough known as Spencer Road,
commencing at the north-western corner of allotment 11 of
suburban section 10, and running in a south-easterly and
north-westerly direction generally to its junction with Main
Street; as the said roads are more particularly delineated
on the plan marked R. 9870, deposited in the office of the
Chief Surveyor at Foxton, in Wellington, in the Wellington
Land District, and thereon coloured blue.

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

Exempting Land from the Operation of Section 117 of “The
Public Works Act, 1908.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twentieth
day of November, 1908.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section forty of “The Native Land
Laws Amendment Act, 1895,” it is enacted that

the Governor, by Order in Council, except from the
operation of section one hundred and seventeen of “The
Public Works Act, 1908,” (hereinafter referred to as “the
said Act”) for a limited period or otherwise, and either
absolutely or subject to such conditions (if any) as to him
shall in such Order specified, any land, wheresoever situate,
which has been improved out of the funds belonging to the
said section, or any interest therein or right over the same,
is hereby taken for a public work and has been paid for, but
shall not be taken for a private work. He may from time to time by Order in Council revoke,
alter, or vary any such Order, or exempt from the
operation of the said Act; provided that no revocation, alteration, or
variation of such Order shall affect any land that may have been sold
thereon by operation of the said Act, or the validity thereof for
any person who has been bona fide in occupation of
the land for two years or upwards, or by any person
who has obtained title through such occupation or who has acquired a
title from such person, or by any person who has acquired a title
prior to the passing of the said Act: Provided that no
Order in Council made by the Governor as aforesaid
shall take effect until after the expiration of two months
from the date of the publication thereof in the Gazette:

And whereas the Native Minister has made to His Excellency
recommendation made on the twenty-first day of October,
one thousand nine hundred and eight, made on the
twenty-ninth day of October, one thousand nine hundred and
eight, that certain lands, the fee-simple of which is by the
operation of section one hundred and seventeen of “The
Public Works Act, 1908,” vested in the Crown in trust for the
benefit of Natives, in the manner hereinafter mentioned, and
set out in the Schedule hereto:

Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance and exercise of the
powers and authority vested in him by section forty of
“The Native Land Laws Amendment Act, 1895,” and by
acting by and with the advice and consent of the Executive
Council of the said Dominion, doth hereby exempt the said
land from the operation of section one hundred and seven-
teen of “The Public Works Act Amendment Act, 1908,” for the purpose
of alienation by way of sale.

SCHEDULE.

All that piece or parcel of land, situate in the Maungapai
Parish, being an subdivision of parts of all those pieces
or parcels of land known as Lots 19 and 20,
41/62 acres on the north by the railway-line, 3881-3 links:
Lot 18, 41-1-100; Lot 17, 39-1-100; Lot 16, 42-3-100; Lot 15, 42-2-100;
2317-3 links on a bearing 329° 16' 1654-5 links; on a
bearing 286°00' 1654-5 links; on a bearing 314° 00'; on a
bearing 314° 00' 1284-5 links;
on the south by the Hokowhitu Road, 66 feet wide, 2182-5 links;
and on the west by other pieces of land, 440-5 links; or a parcel of
land numbered as Lot 1 of the Ohiti-Maungatapu Block No. 1, and
numbered as Lot 2, Section No. 1, and comprised in a partition order of the
Native Land Court dated the sixth day of February, one thousand
nine hundred and five, in favour of Erena Nini as sole owner.

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

Exempting Land from the Operation of Section 117 of “The
Public Works Act, 1908.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twentieth
day of November, 1908.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section forty of “The Native Land
Laws Amendment Act, 1895,” it is enacted that the
Governor may, by Order in Council, exempt from the opera-
tion of section one hundred and seventeen of “The Public
Works Act, 1908,” (hereinafter referred to as “the said Act”),
for a limited period or otherwise, and either generally or
for any purpose, or absolutely or subject to such conditions
as in such Order specified, any land, wheresoever situate,
which has been improved out of the funds belonging to the
said section, or any interest therein or right over the same,
is hereby taken for a public work and has been paid for, but
shall not be taken for a private work. He may from time to time by Order in Council revoke,
alter, or vary any such Order, or exempt from the
operation of the said Act; provided that no revocation, alteration, or
variation of such Order shall affect any land that may have been sold
thereon by operation of the said Act, or the validity thereof for
any person who has been bona fide in occupation of
the land for two years or upwards, or by any person
who has obtained title through such occupation or who has acquired a
title from such person, or by any person who has acquired a title
prior to the passing of the said Act: Provided that no
Order in Council made by the Governor as aforesaid
shall take effect until after the expiration of two months
from the date of the publication thereof in the Gazette:

And whereas the Native Minister has made to His Excellency
recommendation made on the twelfth day of August,
one thousand nine hundred and eight, and twentieth day of
twenty-second day of August, one thousand nine hundred