Oct. 9.] THE NEW ZEALAND GAZETTE 2967

And whereas it is deemed expedient that such resolution should be approved:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers conferred by the above-in-part-recited Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution, in so far as it affects the said roads described in the Schedule hereto.

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SCHEDULE.

ALL those roads situated in the Portobello Road District, Otago Land District, abutting on the north-western, north-eastern, and south-eastern sides of Section 13, Block I, Portobello District; as the said roads are more particularly delineated on the plan marked P.W.D. 33990, deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District, and thereon coloured brown.

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

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Motupipi Road, in the Takaka County, exempted from the Provisions of Section 117 of the Public Works Act, 1908.

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LIVERPOOL, Governor.

ORDER IN COUNCIL.

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

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by subsection one of section one hundred and seventeen of the Public Works Act, 1908, it is, inter alia, provided that the said section shall not apply in any case where the local authority having control of any road or street by resolution declares that the provisions thereof shall not apply to any specified road or street, or any specified part thereof, and such resolution is approved by the Governor in Council:

And whereas by subsection two of section one hundred and seventeen of the Public Works Act, 1908, it is provided that such approval may be either absolute or subject to such conditions with respect to the building-line as the Governor, by Order in Council, thinks fit to impose:

And whereas the Takaka County Council, being the local authority having control of the road described in the Schedule hereto, did by resolution declare that the provisions of the said section one hundred and seventeen should not apply to the said road:

And whereas it is deemed expedient that such resolution should be approved:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers conferred by the above-in-part-recited Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution, in so far as it affects the said road described in the Schedule hereto.

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SCHEDULE.

ALL that road in the Nelson Land District, Takaka County, known as Motupipi Road, commencing at its junction with Commercial Road, and proceeding thence in a north-easterly direction generally, adjoining or passing through sections 21 and 18, Block X, Waitapu Survey District, to its junction with Factory Road; as the said road is more particularly delineated on the plan marked P.W.D. 33828, and deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District, and thereon coloured burnt sienna.

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

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Regulations prohibiting Taking of Toheroa for Canning or Sale on Portion of Kaipara Beach.

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LIVERPOOL, Governor.

ORDER IN COUNCIL.

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

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS it is provided by section five of the Fisheries Act, 1908 (hereinafter called “the said Act”), that the Governor may from time to time, by Order in Council gazetted, make regulations, which shall have force and effect throughout New Zealand, or only in such waters or places as are specified in the regulations, for, inter alia, prohibiting altogether for such period as he thinks the taking of any fish:

And whereas it is desirable to prohibit the taking of the shell-fish called toheroa as hereinafter provided:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the hereinbefore-recited power and authority, and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations.

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REGULATIONS.

1. No person shall take, or attempt to take, the shell-fish called toheroa, for the purpose of canning or otherwise preserving the same, or for selling fresh, from any place within half a mile on either side of the place called Glinks Gap, Kaipara, on the west coast of the North Island of New Zealand. The southern boundary of the prohibited area shall be marked by a post painted white, bearing the words in black letters “Southern Boundary Toheroa Prohibited Area,” and the northern boundary by a similar post bearing the words, “Northern Boundary Toheroa Prohibited Area.”

2. Any person committing a breach of this regulation is liable to a fine of not less than £1 and not exceeding £20.

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

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Regulations regarding Restoration of Lapsed Patents.

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LIVERPOOL, Governor.

ORDER IN COUNCIL.

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

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN pursuance and exercise of the power and authority conferred on him by the Patents, Designs, and Trade-marks Act, 1911, 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 make the following regulations under the said Act, and doth hereby declare that the regulations hereby made shall form part of and be read together with regulations (hereinafter referred to as “the said regulations”) made by Order in Council under the said Act dated the fifth day of June, one thousand nine hundred and twelve, and published in the Gazette of the eighth day of June, one thousand nine hundred and twelve, at page 1855; and doth hereby further declare that this Order in Council shall come into force as from the date of the publication thereof in the Gazette.

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REGULATIONS.

1. An applicant for the restoration of a lapsed patent pursuant to Regulation 40 of the said regulations shall forthwith, after the publication in the Journal of the advertisement relating to the application for restoration, publish in not less than four daily newspapers circulating respectively in the cities of Auckland, Wellington, Christchurch, and Dunedin an advertisement in the following terms:—

Restoration of Letters Patent.

“An application has been made and duly advertised in the Patent Office Journal of the day of , 19 , for the restoration of Letters Patent No. , granted to , of , for [State subject-matter of patent].

“Any person desirous of opposing the said application may, at any time within two months from the said date, give notice of opposition to the Registrar of Patents at Wellington. Such notice must be in duplicate, in the form prescribed by the Patents Regulations, and be accompanied by a fee of 10s.”

2. In addition to the particulars specified in Regulation 43 of the said regulations, every order of the Registrar for the restoration of a patent shall provide that, if any person within one year after the date of the order applies to the Registrar for compensation in respect of money, time, or labour expended by the applicant upon the subject-matter of the patent in the bona fide belief that the patent had become and continued to be void, it shall be lawful for the Registrar, after hearing the parties concerned or their agents, to assess the amount of such compensation if in his opinion the application ought to be granted, and to specify the party