964
THE NEW ZEALAND GAZETTE.
[No. 29

SCHEDULE.

All in the Hawke's Bay Land District; as the same are more particularly delineated on the plan marked and coloured as above mentioned, and deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District.

ALEX. WILLIS,
Clerk of the Executive Council.

Cancelling Conditions as to widening Botanical Gardens Road, City of Wellington, imposed by an Order in Council under Section 117 of “The Public Works Act, 1905.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-second day of March, 1909.

Present:

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

WHEREAS by section three, (1), of “The Public Works Act Amendment Act, 1908,” it is enacted that when, by an Order in Council issued in pursuance of section one hundred and seventeen of “The Public Works Act, 1905,” as amended by section three of “The Public Works Amendment Act, 1906,” conditions have been imposed in the case of any street or road exempted from the provisions of those sections, the Governor may from time to time, by Order in Council, on application of the local authority having control of that road or street, amend the first-mentioned Order in Council by cancelling or varying the conditions imposed thereby, and any such cancellation or variation may extend to the whole or to any part or parts of the said road or street:

And whereas by Order in Council dated the fifteenth day of July, one thousand nine hundred and seven, exempting the street described in the Schedule hereto, and known as Botanical Gardens Road, in the City of Wellington, from the provisions of section one hundred and seventeen of “The Public Works Act, 1905,” published in the New Zealand Gazette, 1907, page 2138, the condition was imposed, inter alia, that “the road shall be widened to a width of forty feet”:

And whereas the Wellington City Council, the local authority having control of the street, has made application that the said Order in Council may be amended by striking out the condition with regard to the widening of the road, and it is desirable that such application should be granted:

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 amend the said Order in Council by cancelling the condition “that the road shall be widened to a width of forty feet.”

SCHEDULE.

That street known as Botanical Gardens Road, in the Wellington Land District, City of Wellington, situated between the junction of Wesley Road and the boundary of Kelburne; as the said road is more particularly delineated on the plan marked R. 8040, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon coloured pink.

ALEX. WILLIS,
Clerk of the Executive Council.

Validating a Warrant issued under Section 219 of “The Municipal Corporations Act, 1900,” and also the Special Orders relating to Loans of £5,000, £1,000, £1,000, for the Waikato River Bridge, applied for by the Waikato County Council, the Waipa County Council, and the Frankton Town Board.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-second day of March, 1909.

Present:

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

WHEREAS by Warrant dated the eleventh day of August, one thousand nine hundred and eight, reciting section two hundred and nineteen of “The Municipal Corporations Act, 1900,” and purporting to be made under that Act, and all other powers and authorities enabling the Governor in that behalf, the Council of the Borough of Hamilton was authorised to execute a certain public work, to wit, the construction of a bridge over the Waikato River, together with the approaches thereto, at Hamilton, being the work described in the Schedule to the said Warrant: And whereas by the said Warrant the cost of the said work (less any contribution thereto, if any, by the Government) was apportioned amongst the therein-mentioned local authorities in the proportions therein mentioned: And whereas the aforesaid recited section (now section one hundred and sixty of “The Municipal Corporations Act, 1908”) provides that, for the purpose of complying with any order made upon it by that section or under any Act, a Borough Council may raise a special loan without taking any poll thereon: And whereas the aforesaid section corresponds to section one hundred and eighteen of “The Public Works Act, 1905” (now section one hundred and nineteen of “The Public Works Act, 1908”), which, however, extends the power of raising a special loan without taking any poll thereon to any local authority liable thereunder to contribute to the cost of the work: And whereas the local authorities (other than the Council of the Borough of Hamilton) which by the said Warrant are made liable to contribute to the cost of the therein-mentioned work are the Council of the County of Waikato, the Council of the County of Waipa, and the Frankton Town Board: And whereas the said local authorities, to meet their said contributions, have taken steps to raise special loans from the Government under Part II of “The Local Bodies’ Loans Act, 1908,” and for that purpose have by special orders made special rates as security for their respective loans: And whereas the said special orders are irregular, in so far as they are not made in accordance with the authority of “The Public Works Act, 1908”: And whereas it is expedient to validate the same in manner hereinafter appearing:

Now, therefore, in exercise of the powers conferred by “The Local Bodies’ Loans Act, 1908,” “The Municipal Corporations Act, 1908,” “The Public Works Act, 1908,” and all other powers and authorities 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 thereof, doth hereby declare as follows:—

1. The aforesaid Warrant shall operate and be construed as having been made under the powers in that behalf conferred by section one hundred and eighteen of “The Public Works Act, 1905,” as well as under those therein specifically mentioned (to wit, by section two hundred and nineteen of “The Municipal Corporations Act, 1900”), and the Warrant is hereby amended accordingly as from the date thereof.

2. The said special orders are hereby validated in so far as they were not made in accordance with the authority of section one hundred and eighteen of “The Public Works Act, 1905,” and accordingly shall operate and be construed for all purposes as if the aforesaid Warrant had been originally made under that section, and as if the said special orders had been expressed to be made under that section or the corresponding section of “The Public Works Act, 1908.”

ALEX. WILLIS,
Clerk of the Executive Council.