Aug. 29.] THE NEW ZEALAND GAZETTE. 2603

whereas it is expedient that a license should be granted and issued to the Council under the said Act for the purpose last aforesaid, on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and of all other powers and authorities enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the object for which the said license is required by the Council as aforesaid; and, in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the Council to use and occupy that part of the foreshore and land below low-water mark on which the said wharf and shed are to be erected, as shown on the plans M.D. 3923 so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf and shed; such license to be held and enjoyed by the Council upon and subject to the terms and conditions set forth in the Schedule hereto.

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SCHEDULE.

1. In these conditions the term “Minister” means the Minister of Marine as defined by the Shipping and Seamen Act, 1908, and includes any officer, person, or authority acting by or under the direction of such Minister.

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore, and land below low-water mark adjacent thereto, necessary for the erection of the said wharf and shed, as shown on plans marked M.D. 3923.

3. All persons shall, at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharf and shed, and all rights of ingress and egress thereon and therefrom.

4. His Majesty or the Governor, and all officers in the Government service acting in the execution of their duty, shall at all times have free ingress, passage, and egress into, through, and out of the said wharf and shed without payment.

5. The Council shall maintain the above-mentioned wharf and shed in good order and repair; and shall at all times exhibit from the wharf and maintain at its own cost suitable and necessary lights for the guidance of vessels: Provided that no light shall be exhibited until after it has been approved of by the Minister.

6. Any person authorized by the Minister may, at all reasonable times, enter upon the said wharf and shed and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known address of the Council in New Zealand a notice in writing of any defect or want of repair in such wharf or shed requiring it within a reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorize the Council to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1908, or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

8. The ballast of all vessels loading at the said wharf shall be taken away by the Council and deposited above high-water mark, or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the date hereof, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the Council shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

10. The said rights, powers, and privileges may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the Council three calendar months previous notice in writing; any such notice shall be sufficient if given by the Minister, and delivered at or posted to the last known address of the Council in New Zealand.

11. The Council shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on the Council’s part.

12. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf and shed for a period of thirty days,—

then and in either of the said cases this Order in Council, and every right, power, or privilege, may be revoked and determined by the Governor in Council without any notice to the Council or other proceedings whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the Council, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

13. The erection of the said wharf or shed shall be sufficient evidence of the acceptance by the Council of the terms and conditions of this Order in Council.

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

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Prescribing an Additional Form for Magistrates’ Courts under the Imprisonment for Debt Limitation Act, 1908.

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ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-sixth day of August, 1912.

Present:

His Excellency the Governor in Council.

In pursuance and exercise of the power and authority conferred by the Imprisonment for Debt Limitation Act, 1908, and the Magistrates’ Courts Act, 1908, and of every power and authority 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 prescribe the form of judgment summons set out in the Schedule hereto as an addition to the forms prescribed under the Imprisonment for Debt Abolition Act, 1874, and the Magistrates’ Courts Act, 1893, by Order in Council dated the second day of May, one thousand nine hundred and four; and doth hereby declare that this Order in Council shall take effect on the day of the gazetting hereof.

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SCHEDULE.

[I. Debt 3A.—(Rule 6.)]

JUDGMENT SUMMONS ON AN ORDER OR JUDGMENT OF A MAGISTRATE’S COURT.

The Imprisonment for Debt Limitation Act, 1908; and Section 139 of the Magistrates’ Courts Act, 1908.

No. of plaint: , 19 .
No. of judgment summons: , 19 .

In the Magistrate’s Court, held at

Between , of [Address and description], plaintiff, and , of [Present address and description, and if known, place of employment], defendant.

Whereas the plaintiff obtained a judgment [Or, if no judgment has been obtained, or if a fresh order has been obtained upon a judgment, an order] against you, the above-named defendant, in the Magistrate’s Court, held at , on the day of , 19 , for the payment of £ for debt [or damages] and costs, and subsequent costs have been incurred in pursuance thereof amounting to £ :

And whereas it appears you have made default in payment of the sum payable in pursuance of the said judgment [or order], and that there is now due and owing thereunder to the plaintiff the sum of £ :

You are therefore hereby summoned to appear personally at the Magistrate’s Court at [Place where Court holden], on such day and at such hour as the Clerk of Court there shall appoint, to be examined on oath by the Court as to whether [Strike out paragraph No. 1 or 2 so as to follow judgment or order]—

(1.) After providing for the reasonable maintenance of yourself and your family you have not since the date of the judgment [or order] had sufficient money to pay the debt; or

(2.) You have not since the date of the order to pay the debt by instalments had sufficient money to pay the instalment so due [as the case may be]; or

(3.) [If fraud is alleged, it must be specifically stated as in the application for judgment summons] And also to show cause why you should not be committed to prison for such default.

Dated this day of , 19 .

Clerk of the Court.