640 THE NEW ZEALAND GAZETTE. [No. 18

Executive Council of the said Dominion, doth hereby validate the requisition of the County Chairman and the public notice hereinbefore mentioned, and doth hereby declare that the proceedings relative to such loan, or the security for the said loan, shall not be called in question by reason only of the irregularities or defects aforesaid.

ALEX. WILLIS,
Clerk of the Executive Council.

Validating the Special Order making the Special Rate as the Security for the Proposed Loan of £400 to be raised by the Foxton Borough Council to rebuild a Portion of the Wirokino Bridge.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-fourth day of February, 1909.

Present:

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

WHEREAS the Foxton Borough Council lately proposed to raise a loan of four hundred pounds for the purpose of rebuilding a portion of the Wirokino Bridge, under “The Local Bodies’ Loans Act, 1901,” and “The Public Works Act, 1905”: And whereas the special order making the special rate, duly published in the Manawatu Herald once a week for four successive weeks, made no reference to the Governor’s Warrant vesting control of the said bridge: And whereas it appears that the ratepayers have not been misled by such irregularity, and it is expedient to validate such special order:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power conferred by section one hundred and twenty-one of “The Local Bodies’ Loans Act, 1908,” and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby declare that such special order shall be deemed and taken to be as valid and effectual as though the Governor’s Warrant had been quoted, and that the proceedings relative to such loan shall not be called in question by reason only of the irregularity aforesaid.

ALEX. WILLIS,
Clerk of the Executive Council.

Validating the Special Order making the Special Rate as the Security for the Proposed Loan of £700 to be raised by the Castlepoint River Board to prevent the Overflow of the Whareama River.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-fourth day of February, 1909.

Present:

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

WHEREAS the Castlepoint River Board lately proposed to raise a loan of seven hundred pounds, under “The Local Bodies’ Loans Act, 1901,” to prevent the overflow of the Whareama River: And whereas the public notification of the special order making the special rate as security for the said loan was published for four weeks, but was not published once in each of the four weeks immediately preceding the date of the meeting at which the resolution making the special order was passed, as required by section sixty-two of “The River Boards Act, 1884”: And whereas it appears the ratepayers have not been misled by such irregularity, and it is expedient to validate the said notification:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred by section one hundred and twenty-one of “The Local Bodies’ Loans Act, 1908,” and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby declare that the aforesaid public notification of the said special order shall be deemed and taken to be as valid as though the said notification had been properly published, and that the proceedings relative to the said loan shall not be called in question by reason only of the irregularity aforesaid.

ALEX. WILLIS,
Clerk of the Executive Council.

Validating certain Consents obtained and a certain Gazette Notice published by the Hawke’s Bay County Council with a View to the Raising of a Loan of £2,000, under “The Local Bodies’ Loans Act, 1901,” and its Amendments, for the Construction of a Road through the Mangaohane Block.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-fourth day of February, 1909.

Present:

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

WHEREAS the Council of the County of Hawke’s Bay (hereinafter referred to as “the Council”) lately resolved to raise a loan of two thousand pounds, under “The Local Bodies’ Loans Act, 1901,” for the purpose of constructing a road through the Mangaohane Block, in the Erewhon Riding of the said county, and also through a portion of the Awarua Block lying within the boundaries of the Rangitikei County, and for that purpose to constitute the said Erewhon Riding a special-rating district within the meaning of the said Act: And whereas by a memorandum in writing, bearing date the twenty-ninth day of June, one thousand nine hundred and seven, and signed by the requisite majority of the ratepayers in the said riding in accordance with the provisions of subsection four of section fourteen of the said Act, the said ratepayers consented to the levying of a special rate of one farthing in the pound on the rateable values of their respective properties in order to provide for payment of the interest and other charges on the said loan; and by another memorandum in writing, dated and signed as aforesaid, the said ratepayers consented to the expenditure of part of the said loan on the construction of a portion of the said road (defined in the said memorandum) lying within the boundaries of the Rangitikei County: And whereas it was subsequently found impossible in fact for the Council to construct portion of the said road, and by a further memorandum in writing, bearing date the fifteenth day of February, one thousand nine hundred and eight, and signed by the same ratepayers, they, the said ratepayers, purported to cancel their previous consent to the expenditure aforesaid, and to authorise the Council to expend all the said loan-moneys in constructing so much of the said road as lies within the County of Hawke’s Bay: And whereas the last-mentioned memorandum was by mistake and inadvertence so expressed that it might be construed to operate not only as a revocation of the ratepayers’ previous consent to the proposed expenditure on that portion of the road within the Rangitikei County, but also as a revocation of their previous consent to the levying of the said special rate: And whereas, in accordance with the statutory provisions in that behalf, the Council caused to be published in the New Zealand Gazette a special order making the special rate aforesaid, and through accident and inadvertence the words “dated the fourteenth day of September, one thousand nine hundred and eight,” were inserted in the Gazette notice at the foot of the said special order, instead of being printed as they should have been and were intended to be printed at the end of the said notice after the certificate of the Chairman and Clerk, it being manifest from the notice itself that the said special order was in truth and in fact passed on the tenth day of August, one thousand nine hundred and eight, and was confirmed on the said fourteenth day of September: And whereas it appears that the ratepayers have not been misled by reason of the irregularity aforesaid, and it is expedient to validate the same:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power conferred on him by section one hundred and twenty-one of “The Local Bodies’ Loans Act, 1908,” and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby validate the special order and all proceedings taken in relation thereto, and in particular the said consents in so far as the same are consents express or implied to the raising of the said loan, and to the expenditure of the loan-moneys on the construction of the said road within the boundaries of the Hawke’s Bay County, and to the levying of the special rate aforesaid, and also the said Gazette notice of the said special order; and doth hereby declare that the said special order and all proceedings in relation thereto, and in particular the said consents (in so far as the same are hereby validated), and the said Gazette notice, shall be and be deemed to have always been as good, as valid, and effectual as though the said order, proceedings, consents, and notice had been in proper form and duly and regularly made, taken, given, and published respectively.

ALEX. WILLIS,
Clerk of the Executive Council.