2958
THE NEW ZEALAND GAZETTE.
[No. 95

Declaring a Road near Hunter ville taken for a Road-diversion in connection with the North Island Main Trunk Railway to be a County Road.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this tenth day of November, 1909.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN pursuance and in exercise of the powers vested in him by “The Public Works Act, 1908,” and of all other powers in anywise enabling him in this behalf, His Excellency the Governor of the Dominion of New Zealand, by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that a certain road near Hunter ville, on the North Island Main Trunk Railway, situated in the County of Rangitikei, and described in the Schedule hereto, and which said road has hitherto been a Government road within the meaning of the said Act, shall, on and after the date of this Order in Council, become a county road.

SCHEDULE.

ALL those parcels of land in the Wellington Land District, containing in the aggregate 3 roods 29·7 perches, more or less, being portions of Section 17, situated in Block II, Ongo Survey District, and being those parcels of land near Hunter ville taken for a road-diversion in connection with the North Island Main Trunk Railway by a Proclamation dated the 21st day of August, 1909, and published in the New Zealand Gazette No. 72, of the 2nd day of September, 1909; as the said parcels of land are more particularly shown coloured pink on plan marked W.R. 17339, deposited in the office of the Minister of Railways, at Wellington.

J. F. ANDREWS,
Clerk of the Executive Council

Validating Irregularities in connection with a Proposed Loan of £425 for the Purpose of paying the Council’s Share of Cost of Construction of Lower Gorge Bridge, applied for by the Feilding Borough Council.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this tenth day of November, 1909.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the Feilding Borough Council on the twenty-sixth day of January, one thousand nine hundred and nine, proposed to raise a loan of four hundred and twenty-five pounds for the purpose of paying the Council’s share of cost of construction of Lower Gorge Bridge, in terms of Governor’s Warrant duly gazetted on the twenty-sixth day of April, one thousand nine hundred and six: And whereas a special order authorising the loan was duly advertised in the Feilding Star on twenty-eighth January, fourth February, eleventh February, and eighteenth February, one thousand nine hundred and nine: And whereas in such advertisement it was omitted to state the date and place at which a meeting was to be held for the confirmation of the same: And whereas simultaneously with the publication of the said special order authorising the raising of the said loan there was also published a special order making a rate of one-seventieth of a penny in the pound upon the rateable value of all rateable property of the Borough of Feilding for the purpose of providing the interest and other charges on the said loan: And whereas such last-mentioned special order was duly confirmed at a meeting of the Council held on the fourth day of March, one thousand nine hundred and nine: And whereas in the publication of such special orders as aforesaid the advertisements did not appear in the said Feilding Star in each full week intervening between the dates of the meetings for the adoption and confirmation of the same, but such special orders were advertised once during four consecutive weeks immediately after adoption: And whereas at the meeting held on the fourth day of March, one thousand nine hundred and nine, the special order making the rate was duly con-

firmed; but no specific confirmation was made of the special order authorising the raising of the loan, although such was intended, and was deemed to have been accomplished by the confirmation of the special order making the rate: And whereas it appears that the ratepayers have not been misled by any such irregularities as may have been in the proceedings 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 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 order and declare that the said special orders shall be deemed as good and effectual as if the same had been advertised once in each full week intervening between the dates of the adoption and confirmation of the same, and with respect to the special order authorising the raising of the said loan doth hereby order and declare that the same shall be deemed to be as good and effectual as if the same had been specifically confirmed on the date of the confirmation of the special order making the rate in respect of the same, and as if in the advertisement of such special order authorising the raising of the said loan the time and place for holding the meeting to confirm the same had been duly inserted, and that such special orders shall not be called into question by reason only of any such irregularities as aforesaid.

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

Validating Irregularities in connection with a Special Loan of £2,871 for the Construction of a Bridge over the Whakatane River on the Main Road between Opotiki and Rotorua, applied for by the Whakatane County Council.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this tenth day of November, 1909.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the Whakatane County Council lately proposed to raise a special loan of two thousand eight hundred and seventy-one pounds for the purpose of enabling it to comply with the Warrant under the hand of His Excellency the Governor, dated the thirtieth day of December, one thousand nine hundred and eight, authorising the construction of a bridge over the Whakatane River on the main road between Opotiki and Rotorua, near the Town of Whakatane, and apportioning the cost thereof: And whereas for the purpose of providing interest and other charges upon the said special loan the said Whakatane County Council did by special order make and levy a special rate of one-sixteenth of a penny in the pound on the rateable value of all the rateable property in the said Whakatane County (which said special order and the proceeding relating thereto were validated by Order in Council under the hand of His Excellency the Governor, gazetted the twenty-third day of September, one thousand nine hundred and nine): And whereas the said Whakatane County Council did by special order, under section fifteen of “The Local Bodies’ Loans Act, 1908,” raise a special loan for the purpose aforesaid: And whereas the public notice required by section ninety-seven of “The Counties Act, 1908,” in connection with the said special order was published in the Whakatane Press newspaper once in each of four consecutive weeks between the date of the special meeting passing the resolution to raise such special loan and the date of the subsequent meeting to confirm the same, but was not published once in each of the four weeks immediately preceding the day on which the subsequent meeting was to be held, as required by the said section:

And whereas, further, the special order raising the loan should have been made before or contemporaneously with the special order making the special rate, but was made subsequently thereto: And whereas it appears that the ratepayers have not been misled by such irregularities or defects, and it appears expedient to validate the same:

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 acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby validate the said public notification of the said special order raising the loan and the pro-