920
THE NEW ZEALAND GAZETTE.
[No. 26

(5.) Any person who shall commit a breach of any of the
foregoing by-laws, or shall fail to do any act in any such
by-law directed to be done by him, or shall do any act which
by any such by-law is directed not to be done by him, shall be
liable to a penalty not exceeding £10 for each such breach, or
the failure to do or the doing of each such act as aforesaid
respectively; but if any such person is employed on or about
the railway, and the by-law relates to his conduct, he shall be
liable to a penalty not exceeding £1 for each breach, failure,
or act respectively.

Defining River and Extended River Limits for Fishing-boats
at Gisborne.

IN pursuance and exercise of the power and authority
conferred upon me by section 189 of “The Shipping
and Seamen Act, 1908,” I, John Andrew Millar, Minister
of Marine, do hereby define the Gisborne restricted limits
within which river and extended river fishing-boats may ply
to be as follows:—
Between East Cape on the north and the northern end of
Portland Island on the south.

As witness my hand, at Wellington, this 19th day
of March, 1910.

J. A. MILLAR.

Notice to Mariners No. 26 of 1910.

Marine Department,
Wellington, N.Z., 12th March, 1910.

THE following Notice to Mariners, received from the
Presidency Port Officer, Madras, is published for
general information.

J. A. MILLAR.

INDIA.—EAST COAST.—BAY OF BENGAL.

Entrance to the Madras Harbour.

It is hereby notified for the information of mariners that in
future pilots will board vessels wishing to enter Madras
Harbour from the vicinity of the end of the new north
arm.

W. MITCHELL,
Commander, R.I.M., Presidency Port Officer.
Presidency Port Office,
Madras, 11th January, 1910.

Notice to Mariners No. 28 of 1910.

MANUKAU HARBOUR.—ROCK IN WAIUKU CHANNEL.

Marine Department,
Wellington, N.Z., 22nd March, 1910.

NOTICE is hereby given that a pinnacle rock, with only
9 in. of water over it at L.W.S., exists in the Waiuku
Channel. From it Karaka Point bears N. 18° E. (magnetic)
400 ft. This pinnacle is part of a patch of rock about 40 ft.
in diameter, with a depth ranging from 4 ft. to 10 ft. at low
water. A black buoy has been placed just outside the
pinnacle, and vessels entering the channel should keep to
the starboard side of the buoy.
Charts, &c., affected: Admiralty Plan No. 2726; “New
Zealand Pilot,” eighth edition, 1908, Chap. vii, p. 219.

J. A. MILLAR.

Notice fixing Closing-hours of all Shops in the Tolaga Bay
Riding of the Cook County under the Shops and Offices
Act.

WHEREAS a requisition in writing, signed by a
majority of the occupiers of all the shops in the
Tolaga Bay Riding, has been forwarded to me, desiring that
all shops in the riding shall be closed in the evening of
working-days as follows: Mondays and Thursdays, 8 p.m.;
Wednesdays, 1 p.m.; Tuesdays and Fridays, 6 p.m.; Satur-
days, 9 p.m.: And whereas the Cook County Council has
certified that the signatures to such requisition represent a
majority of the occupiers of all the shops in each of the
races within the Tolaga Bay Riding of the Cook County:

Now, therefore, I, John Andrew Millar, Minister of
Labour, in pursuance of section 25 of “The Shops and
Offices Act, 1908,” do hereby direct that, from and after the
28th day of March, 1910, all shops in the Tolaga Bay Riding
of the Cook County shall be closed in accordance with such
requisition.
Dated at Wellington, this 23rd day of March, 1910.

J. A. MILLAR,
Minister of Labour.

Order in Council making Rules relating to Appeals to His
Majesty in Council.

Department of Justice,
21st March, 1910.

THE following Orders in Council,—

(1.) Making rules relating to appeals from New Zea-
land to His Majesty in Council;

(2.) Making rules relating to the general practice and
procedure in appeals to His Majesty in Council,
are published for general information.

JOHN G. FINDLAY,
Minister of Justice.

At the Court at Buckingham Palace, the 10th day of
January, 1910.

Present:

THE KING’S MOST EXCELLENT MAJESTY.

LORD PRESIDENT, LORD CHAMBERLAIN, LORD PRIVY SEAL,
LORD PENTLAND, SIR WALTER HELY-HUTCHINSON.

WHEREAS by an Act passed in a session of Parliament held
in the seventh and eighth years of Her late Majesty’s
reign (shortly entitled “The Judicial Committee Act,
1844”) it was enacted that it should be competent to Her
Majesty by any Order or Orders in Council to provide for
the admission of Appeals to Her Majesty in Council from
any judgments, sentences, decrees, or orders of any Court
of Justice within any British Colony or Possession abroad
although such Court should not be a Court of Error or a
Court of Appeal within such Colony or Possession, and
to make provision for the instituting and prosecuting of
such Appeals and for carrying into effect any such de-
cisions or sentences as Her Majesty in Council should
pronounce thereon:

And whereas by an Order in Council dated the tenth
day of May, 1860, provision was made for direct Appeals
from the Supreme Court of New Zealand to Her Majesty
in Council:

And whereas by an Order in Council dated the sixteenth
day of May, 1871, provision was made for Appeals from
the Court of Appeal of New Zealand to Her Majesty in
Council:

And whereas it is expedient, with a view to equalising
as far as may be the conditions under which His Majesty’s
subjects in the British Dominions beyond the Seas shall
have a right of Appeal to His Majesty in Council and to
promoting uniformity in the practice and procedure in all
such Appeals, that the said Orders in Council dated the
tenth day of May, 1860, and the sixteenth day of May,
1871, should be revoked and new provision made for
Appeals from the said Supreme Court and the said Court
of Appeal to His Majesty in Council:

It is hereby ordered by the King’s Most Excellent
Majesty, by and with the advice of His Privy Council,
that the said Orders in Council be and the same are
hereby revoked, and that instead thereof the Rules here-
under set out shall regulate all Appeals to His Majesty
in Council from the Dominion of New Zealand.

1. In these Rules, unless the context otherwise re-
   quires,—

“Appeal” means Appeal to His Majesty in Council;

“His Majesty” includes His Majesty’s Heirs and
Successors;

“Judgment” includes decree, order, sentence, or
decision, whether in the exercise of the appellate
or original jurisdiction of the Court, and whether
in a proceeding removed into the Court from any
other Court, or on a case stated for the opinion
of the Court, or otherwise howsoever;

“Court” means Court appealed from, being either the
Court of Appeal of New Zealand or the Supreme
Court of New Zealand, as the case may be;

“Court of Appeal” means the Court of Appeal of
New Zealand;

“Supreme Court” means the Supreme Court of New
Zealand;