176
THE NEW ZEALAND GAZETTE.
[No. 4

at which the defendant was required by the writ of summons
to attend for the trial thereof, or at any subsequent sittings
of the Court for the trial of actions, and on such hearing
judgment may be given for such relief as the plaintiff shall
be entitled to on the facts set out in the statement of claim.

466. Any person claiming the issue of a writ of mandamus,
     or of a writ of injunction, or of a writ of prohibition, or an
     order under Rule 464 shall, without issuing a writ of summons,
     file in Court a statement of claim setting out the facts upon
     which he bases his claim to the relief sought to be obtained.

467. (a.) Such motions shall be made in manner herein-
     before provided as to motions generally, and if made on notice
     such notice, together with a copy under the seal of the Court
     of the statement of claim and a copy of any affidavits filed
     in support of the motion, shall be served upon all persons
     whom it is sought to affect by the relief claimed.

(b.) The rules as to the time for giving notice of motion
and filing affidavits in support thereof shall not apply to any
motion for a writ of injunction.

(c.) The Court on the hearing of the motion or of any motion
to rescind an order obtained ex parte may adjourn such
hearing, and direct that any other persons shall be served
with notice of such motion, and may give leave to such per-
sons to appear at the adjourned hearing of such motion.

470. Affidavits may be filed in support of the allegations
     contained in any such statement of defence and in answer to
     any affidavits filed in support of the motion.

471. Every party who commences any contentious pro-
     ceeding not commenced by writ of summons shall indorse
     on the summons, petition, notice of motion, or other docu-
     ment by which such proceeding is commenced a memorandum
     similar to that required by Rules 14 and 16 to be indorsed
     on a writ of summons. The address for service to be specified
     in such memorandum shall be not more than three miles from
     the registry of the Court in which the proceeding is commenced.

472. (a.) Every party to any such contentious proceeding,
     other than the party commencing the same, shall give an
     address for service not more than three miles from the registry
     in which the proceeding was commenced.

(b.) Such address for service shall be given either by in-
dorsing on the first document filed by such party in connection
with the proceeding a memorandum specifying such address
for service, and stating the name and address of such party’s
solicitor if he is acting by a solicitor, or by filing such memo-
randum separately in the said registry and serving a copy
thereof on the party who commenced the proceedings.

(c.) Until such party shall have given an address for service
as herein prescribed he shall not be entitled to be served
with notice of any further proceedings in connection with the
matter or with copies of any further affidavits filed in the
proceeding, or to address the Court at any stage of the
proceeding.

585. In cases where personal service is not required, all
     judgments, orders, notices, and other written communica-
     tions required to be served on a party to any contentious
     proceeding other than the document commencing the pro-
     ceeding shall be served as mentioned in the next two rules.

586. Where the party to be served is acting by a solicitor
     they shall be delivered to or left for the solicitor at his address
     for service (if any), or, in cases in which a solicitor is not
     required to give an address for service, at his office or place
     of business before four o’clock in the afternoon. Where the
     party to be served is not acting by a solicitor they shall be
     delivered to him or left for him at his address for service
     or his place of residence, in cases in which he is not required
     to give an address for service, with his wife or a domestic
     servant or any person whose business it is or who has authority
     from him to receive messages and convey or forward them to
     him. Where such service is impracticable the Court may,
     on affidavit showing the circumstances of the case and the
     necessity, give special directions as to service or publication
     in lieu thereof.

587. Service of all judgments or orders shall be made by
     delivering a duplicate of such judgment or order.

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

Vesting a Reserve in the Ohinemuri Public Library
(Incorporated).

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twentieth day
of January, 1913.

Present :

His Excellency the Governor in Council.

WHEREAS the land described in the Schedule hereto
has been duly set apart as a site for a public library ;
And whereas, in the opinion of the Governor, it is expedient
to vest the said reserve in the Ohinemuri Public Library
(Incorporated) :

Now, therefore, His Excellency the Governor of the Do-
minion of New Zealand, acting by and with the advice and
consent of the Executive Council of the said Dominion, and
in exercise of the powers and authorities conferred upon him
by the fourth section of the Public Reserves and Domains
Act, 1908, doth hereby declare that, from and after the day
of the date hereof, the reserve described in the Schedule
hereto shall become vested in the Ohinemuri Public Library
(Incorporated), in trust, as a site for a public library.

SCHEDULE.

ALL that area in the Auckland Land District, containing by
admeasurement 18 perches, more or less, being Lot 27 of
Block I, Town of Paeroa. Bounded towards the north-east
by Normanby Road, 75 links ; towards the south-east by
Lot 26, Block I, Town of Paeroa, 150 links ; towards the
south-west by Lot 18 of Block I aforesaid, 75 links ; and
towards the north-west by Lot 28 of Block I aforesaid, 150
links : be all the aforesaid linkages more or less ; as the
same is delineated on the plan marked L. 5453/1, deposited
in the Head Office, Department of Lands and Survey, at
Wellington, and thereon edged red.

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

Vesting a Quarry Reserve in the Thames County Council.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twentieth day
of January, 1913.

Present :

His Excellency the Governor in Council.

WHEREAS the land described in the Schedule hereto
has been permanently reserved for quarry purposes ;
And whereas, in the opinion of the Governor, it is expedient
to vest the said reserve in the Chairman, Councillors, and
Inhabitants of the Thames County :

Now, therefore, His Excellency the Governor of the Do-
minion of New Zealand, acting by and with the advice and
consent of the Executive Council of the said Dominion, and
in exercise of the powers and authorities conferred upon him
by the fourth section of the Public Reserves and Domains
Act, 1908, doth hereby declare that, from and after the
day of the date hereof, the reserve described in the Schedule
hereto shall become vested in the Chairman, Councillors, and
Inhabitants of the Thames County, in trust, for quarry
purposes.

SCHEDULE.

ALL that area in the Auckland Land District, containing by
admeasurement 4 acres 3 roods 15 perches, more or less,
being Section 1, Block IV, Thames Survey District, com-
mencing at a point 136002 links south and 343258·2 links east
of Mount Eden. Bounded towards the north-east by a line
bearing 138° 8', 402 links ; towards the south-east by a
public road bearing 234° 4', 568·4 links, 222° 56', 317·8 links,
and 232° 5', 236 links ; towards the south-west by a line
bearing 318° 8, 489·7 links ; and towards the north-west by
a line bearing 54° 57', 1124·2 links : be all the aforesaid bear-
ings and linkages more or less ; as the same is delineated on
the plan marked L. and S. 1912/818, deposited in the Head
Office, Department of Lands and Survey, at Wellington, and
thereon edged red. (Auckland Plan 15441, blue.)

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

Warden appointed.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixth day of
January, 1913.

Present :

His Excellency the Governor in Council.

WHEREAS by section nine of the Mining Act, 1908, it
is enacted that the Governor may from time to time
by Order in Council appoint fit persons to be Wardens, who
shall hold office during the Governor’s pleasure :

Now, therefore, His Excellency the Governor of the Do-
minion of New Zealand, in pursuance and exercise of the
power and authority conferred by the said section nine of