3268
THE NEW ZEALAND GAZETTE.
[No. 87

Land reserved under the Scenery Preservation Act, 1908.

(L.S.) ISLINGTON, Governor.

A PROCLAMATION.

WHEREAS by the Scenery Preservation Act, 1908 (hereinafter referred to as “the said Act”), a Scenery Preservation Board is constituted, and it is enacted that such Board shall, when so directed by the Minister charged for the time being with the administration of the said Act, inspect any lands possessing scenic or historic interest, or on which there are thermal springs, and make inquiries respecting the same, and report to the Governor; and shall from time to time recommend what lands, whether Crown or private, shall be permanently reserved as scenic, thermal, or historic reserves: And whereas the said Board was duly directed to inspect and report on the lands described in the Schedule hereunder, and has recommended that the said lands should be permanently reserved for scenic purposes, and it is expedient to give effect to such recommendation:

Now, therefore, I, John Poynder Dickson-Poynder, Baron Islington, the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers contained in the said Act, do hereby proclaim and declare that the lands described in the Schedule hereunder shall be scenic reserves under the Scenery Preservation Act, 1908, and subject to the provisions thereof.

SCHEDULE.

ARNOLD RIVER SCENIC RESERVES.

ALL those areas in the Westland Land District, containing by admeasurement 440 acres, more or less, being Reserve 1448, situated in Block II, Brunner Survey District, and bounded as follows: Commencing at the north-west corner of Section 2741, and proceeding thence along the south-eastern boundary of Section 2738 and road reserve, bearing 236° 37′, for about 3400 links, to the right bank of the Arnold River; thence generally in a south-easterly direction along the aforementioned bank of the Arnold River to a point in prolongation of the south-western boundary of Section 2741; thence north-westerly along a right line bearing 326° 36′, for about 11500 links, to the starting-point: also including some seven islands situated in the Arnold River, between a line in prolongation of the south-eastern boundary of Section 2738 and the railway reserve near the south-west corner of Section 2746: be all the aforesaid bearings and linkages more or less: as the same is delineated on plan marked L. 604/5A, deposited in the Head Office, Department of Lands, at Wellington, and thereon bordered red.

Also all those areas in the Westland Land District, containing by admeasurement 30 acres, more or less, being Reserve 1449, situated in Blocks II and IV, Brunner Survey District, and being strips of land lying between the right bank of the Arnold River and the Greymouth-Otira Railway Reserve, extending from part of the northern boundary of Reserve 954 to the junction of the Arnold River and the before-mentioned railway reserve; as the same is delineated on plan marked L. 604/5B, deposited in the Head Office, Department of Lands, at Wellington, and thereon coloured red.

Given under the hand of His Excellency the Right Honourable John Poynder Dickson-Poynder, Baron Islington, Governor and Commander-in-Chief in and over His Majesty’s Dominion of New Zealand and its Dependencies; and issued under the Seal of the said Dominion, at the Government House, at Wellington, this twenty-seventh day of October, in the year of our Lord one thousand nine hundred and eleven.

THOS. MACKENZIE,
Minister in Charge of Scenery Preservation.

GOD SAVE THE KING!

Additional Rules under the Judicature Act, 1908.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-fifth day of October, 1911.

Present:

THE HONOURABLE SIR JAMES CARROLL, K.C.M.G.,
PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred by the fifty-first section of the Judicature Act, 1908, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council thereof, and with the concurrence of their Honours the Judges of the Supreme Court of the said Dominion, doth hereby revoke Rule 250 of the Code of Civil Procedure as from the first day of December, one thousand nine hundred and eleven, and doth hereby make the rules contained in the Schedule hereto; and doth declare that the said rules set out in the said Schedule shall come into force and take effect as from the first day of December, one thousand nine hundred and eleven.

SCHEDULE.

158A. THE affidavit in answer to interrogatories shall set out above or opposite to each answer the interrogatory to which it relates.

161A. In any action where the parties are resident in New Zealand any party, after the statement of defence shall have been filed in such action, may issue as of course, without any application to the Court, an order for discovery as mentioned in Rule 161. Such order shall be in the form No. 11A printed hereunder.

161B. The affidavit in compliance with any order made under Rule 161A shall be filed within ten days after the service of such order, but the Court or a Judge thereof may extend the time for filing such affidavit on the application of the party against whom such order shall have been made.

161C. Where the party against whom any order for discovery has been made is a corporation or company, the affidavit shall be made by the clerk, secretary, or other proper officer of such corporation or company.

161D. The Court or a Judge thereof, on the application of the party against whom an order shall have been made under Rule 161A, may set aside such order on any ground on which an application for an order under Rule 161 might have been refused.

250. Every action that is to be tried at any sitting of the Court shall be entered by the plaintiff or defendant in a list to be kept for that purpose by the Registrar. Such entry shall be made at least six clear days before the day appointed for the sitting of the Court, and except by leave of the Court no action shall be tried at such sitting which has not been so entered.

Arrest of Absconding Debtors.

385A. An order to arrest under section 55 of the Judicature Act, 1908, shall be made upon affidavit and ex parte, but the defendant may at any time after arrest apply to the Court or a Judge thereof to rescind or vary the order, or to be discharged from custody, or for other relief as may be just.

385B. The order to arrest shall be in the form No. 33A printed hereunder, with such variations as circumstances may require. An order to arrest before delivery to the Sheriff shall be indorsed with an address for service in accordance with the provisions of Rule 16 of the Code of Civil Procedure. Concurrent orders may be issued for arrest in different Sheriffs’ districts.

385C. The security to be given by the defendant may be a deposit in Court of the amount mentioned in the order, or a bond to the plaintiff by the defendant and two sufficient sureties (or, with the leave of a Judge, more than two), or, with the plaintiff’s consent, any other form of security. The plaintiff may, within four days after receiving particulars of the names and addresses of the proposed sureties, and the form of the proposed bond, give notice that he objects thereto, stating therein in what particulars; and in case of his so doing the sufficiency of the security shall be determined by the Registrar, who shall have power to award the costs of such reference to either party. It shall be the plaintiff’s duty to obtain an appointment for that purpose, and unless he does so within four days after giving notice of objection the security shall be deemed sufficient.

385D. The money deposited, and the security, and all proceedings thereon, shall be subject to the order and control of the Court or a Judge.

385E. Unless otherwise ordered, the costs of and consequent on an order to arrest shall be costs in the cause.

385F. Upon payment into Court of the amount mentioned in the order, a receipt shall be given by the proper officer; and upon receiving the bond or other security, a certificate to that effect shall be given, signed, or attested by the plaintiff’s solicitor; and the delivery of such receipt or certificate to the Sheriff shall entitle the defendant to be discharged out of custody.

385G. The Sheriff or other officer named in an order to arrest shall, within two days after the arrest, indorse on the order the true date of such arrest.

Committal to Prison under the Imprisonment for Debt Limitation Act, 1908.

385H. All applications to commit to prison under section 4 of the said Act shall, in the first instance, be made