Jan. 25.] THE NEW ZEALAND GAZETTE. 273

Declaring Portion of the Hangaroa-Tahora Road, in the Aroha Road District, to be a District Road.

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ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventeenth day of January, 1912.

Present:

THE HONOURABLE SIR JAMES CARROLL, K.C.M.G.,

PRESIDING 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, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the portion of road described in the Schedule hereto shall, on and after the date of this Order in Council, become a district road.

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SCHEDULE.

ALL that portion of road in the Hawke’s Bay Land District, Aroha Road District, known as the Hangaroa-Tahora Road, commencing at a point on the south-western boundary of Okahuatui 2c No. 2 Block, and proceeding thence in a north-easterly direction generally through Okahuatui 2c No. 2 Block and part of Okahuatui 2c No. 3 Block, being a distance of 1 mile 35 chains, more or less, all in Block IV, Ngataka Survey District; as the said portion of road is more particularly delineated on the plan marked P.W.D 31001, deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District, and thereon coloured red and marked A B.

J. F. ANDREWS,

Clerk of the Executive Council.

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Validating the Public Notification and Poll with respect to a Loan of £1,250 proposed to be raised by the Waimarino County Council.

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ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventeenth day of January, 1912.

Present:

THE HONOURABLE SIR JAMES CARROLL, K.C.M.G.,

PRESIDING IN COUNCIL.

WHEREAS the Waimarino County Council lately proposed to raise a loan of one thousand two hundred and fifty pounds sterling under the Local Bodies’ Loans Act, 1908, for stumping, forming, and metalling certain streets in the Township of Raetihi within the Raetihi Riding of the Waimarino County :

And whereas the provisions of section eight of the Local Bodies’ Loans Act, 1908, have not been complied with inasmuch as the notice to raise the said loan required by that section, although published four times, was not published once in each week for four successive weeks :

And whereas the provisions of section eleven of the Local Bodies’ Loans Act, 1908, as amended by section three of the Local Bodies’ Loans Amendment Act, 1910, require that the poll of the ratepayers upon the proposal to raise the said loan shall be taken at a date not more than three weeks from the last publication of the notice mentioned in section eight of the said Local Bodies’ Loans Act, 1908 :

And whereas the said poll of the ratepayers upon the said proposal was taken twenty-four days after the last publication of the notice referred to :

And whereas it appears that the ratepayers have not been misled by such irregularities, and it is expedient to validate such irregularities :

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and in exercise of the powers and authorities conferred on him by section one hundred and twenty-one of the Local Bodies’ Loans Act, 1908, as amended by section seven of the Local Bodies’ Loans Amendment Act, 1910, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby validate the public notification of intention to raise the said loan and the poll of the ratepayers on the said proposal to raise the said loan, and doth hereby order and declare that the proceedings relative to such loan shall not be called in question by reason of the irregularities aforesaid.

J. F. ANDREWS,

Clerk of the Executive Council.

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Validating Proceedings with respect to a Loan of £3,500 proposed to be raised by the Johnsonville Town Board.

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ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventeenth day of January, 1912.

Present:

THE HONOURABLE SIR JAMES CARROLL, K.C.M.G.,

PRESIDING IN COUNCIL.

WHEREAS the Johnsonville Town Board lately proposed to raise a loan of £3,500 under the Local Bodies’ Loans Act, 1908, for the purchase and installation of a petrol-gas-lighting system : And whereas the special roll, although deposited for public inspection for not less than seven days, was not deposited before the steps described in sections seven to thirteen of the Local Bodies’ Loans Act, 1908, were taken :

And whereas also the provisions of section eleven of the Local Bodies’ Loans Act, 1908, as amended by section three of the Local Bodies’ Loans Amendment Act, 1910, require that the poll of the ratepayers upon the proposal to raise the said loan shall be taken at a date not more than three weeks from the last publication of the notice mentioned in section eight of the said Local Bodies’ Loans Act, 1908 :

And whereas the said poll of the ratepayers upon the said proposal was taken twenty-five days after the last publication of the notice referred to :

And whereas it appears that the ratepayers have not been misled by such irregularities, and it is expedient to validate those irregularities :

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred on him by section one hundred and twenty-one of the Local Bodies’ Loans Act, 1908, as amended by section seven of the Local Bodies’ Loans Amendment Act, 1910, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby validate the said special roll and also the poll of the ratepayers on the said proposal to raise the said loan, and doth hereby order and declare that the proceedings relative to such loan shall not be called into question by reason of the irregularities aforesaid.

J. F. ANDREWS,

Clerk of the Executive Council.

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Notice declaring that the Guardian, Trust, and Executors Company Act, 1883, and the Guardian, Trust, and Executors Company Amendment Act, 1911, are not repealed.

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ISLINGTON, Governor.

WHEREAS by section twelve of the Guardian, Trust, and Executors Company Amendment Act, 1911, it is provided that, within three months after the passing of the said Act, the Guardian, Trust, and Executors Company of New Zealand (Limited) shall institute appropriate proceedings in the Supreme Court to determine the questions set forth in the said section : And whereas such proceedings were duly instituted, and the Supreme Court, on the eighteenth day of December, one thousand nine hundred and eleven, did determine, consider, declare, and affirm—

1. That neither by desuetude nor by any other cause has the plaintiff company lost its corporate existence or its rights under the Guardian, Trust, and Executors Company Act, 1883 ; and

2. That the shareholders in the plaintiff company are liable for the capital represented by their shares to the extent to which calls in respect of such shares have not been made and paid prior to the transfers to such shareholders respectively, and that such shareholders are also subject to the further liability created by the fourteenth section of the Guardian, Trust, and Executors Company Act, 1883 :

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred on him by the said section twelve, doth hereby declare that, as the result of the judgment of the Supreme Court hereinbefore recited, the Guardian, Trust, and Executors Company Amendment Act, 1911, and the Guardian, Trust, and Executors Company Act, 1883, are not repealed.

As witness the hand of His Excellency the Governor, this nineteenth day of January, one thousand nine hundred and twelve.

J. G. WARD,

Minister of Finance.