2344
THE NEW ZEALAND GAZETTE.
[No. 77

Land taken for the more Effective Carrying-out of Drainage and other Works in the Hauraki Plains, in Block II, Waihou Survey District.

[L.S.] LIVERPOOL, Governor.
A PROCLAMATION.

WHEREAS it is provided by subsection one of section nine of the Hauraki Plains Act, 1908, that the Governor may from time to time take, under the Public Works Act, 1908, as for a public work, or purchase, whether under the provisions of the Maori Land Settlement Act, 1905, or otherwise, any area or areas of land adjacent to the land set apart under this Act as aforesaid, the acquisition of which is, in the opinion of the Governor, necessary for the more effective carrying-out of the drainage or other works authorized by this Act or for the better disposal of the land set apart:

And whereas the land described in the Schedule hereto is adjacent to the land set apart under the Hauraki Plains Act, 1908, and the Governor has, in terms of subsection one of section nine of the said Act, expressed the opinion that the acquisition of the land described in the Schedule hereto is necessary for the more effective carrying-out of the drainage or other works authorized by such Act:

And whereas the conditions precedent required by law to be observed and performed prior to the taking of such land for the purposes hereinbefore specified have been observed and performed:

Now, therefore, I, Arthur William de Brito Savile, Earl of Liverpool, the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities vested in me by the Hauraki Plains Act, 1908, and the Public Works Act, 1908, and of every other power and authority in anywise enabling me in this behalf, do hereby proclaim and declare that the land described in the Schedule hereto is hereby taken for the purposes of the more effective carrying-out of the said drainage and other works, as authorized by the Hauraki Plains Act, 1908, aforesaid, and shall vest in His Majesty the King as from the date hereinafter mentioned; and I do also hereby declare that this Proclamation shall take effect on and after the twenty-second day of July, one thousand nine hundred and sixteen.

SCHEDULE.
APPROXIMATE areas of the pieces of land taken:—
A. R. P.
0 2 12, portion of Horahia-Opou 5B No. 2; coloured red.
0 2 27·2 " 5B No. 1 " blue.

Situated in Block II, Waihou Survey District (S.O. 17684).
In the Auckland Land District; as the same are more particularly delineated on the plan marked P.W.D. 39758, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Provincial District, and thereon coloured as above mentioned.

Given under the hand of His Excellency the Right Honourable Arthur William de Brito Savile, Earl of Liverpool, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Member of the Royal Victorian Order, 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 eighth day of July, in the year of our Lord one thousand nine hundred and sixteen.

W. FRASER.
Minister of Public Works.

GOD SAVE THE KING!

Amended Rules under the Judicature Act, 1908.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this tenth day of July, 1916.

Present:

His Excellency the Governor 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 five of the Judges of the Supreme Court of the said Dominion, doth hereby make the additional rules set out in the Schedule hereto touching the practice and procedure of the Court; and doth declare that the said rules shall take effect on the thirteenth day of July, one thousand nine hundred and sixteen.

SCHEDULE.

REFERENCE TO ACCOUNTANTS.

430A. WHERE there is a reference of accounts to an accountant or the Registrar and an accountant, then unless otherwise ordered, the accountant shall be selected from the members of the New Zealand Society of Accountants classified as Public Accountants.

PROBATE AND LETTERS OF ADMINISTRATION.

531BB. Upon every application for probate or letters of administration or for the resealing in New Zealand of any such probate or letters of administration granted elsewhere, the following rules shall be observed:—

(a.) An affidavit shall be filed stating explicitly the place of birth and the nationality of the deceased and of the applicant.

(b.) In case the deceased shall have been at any time a subject of any foreign State or sovereign, but it is now claimed that he had become a British subject, the affidavit shall state when and in what manner he became a British subject.

(c.) In case any applicant shall have been at any time a subject of any foreign State or sovereign, but now claims that he has become a British subject, he shall state in his affidavit when and in what manner he became a British subject.

(d.) In case the deceased shall be or at any time shall have been a subject of any State or sovereign for the time being at war with His Majesty the King, the applicant shall state whether and by what means or instrument he has obtained the consent of the Attorney-General to the application.

(e.) In case any applicant shall be or shall at any time have been a subject of any State or sovereign for the time being at war with His Majesty the King, he shall state whether and by what means or instrument he has obtained the consent of the Attorney-General to his application.

(f.) These rules are made to ensure compliance with the regulations made by the Governor in Council on the 22nd day of February, 1916 (published in the New Zealand Government Gazette of 23rd February, 1916), but they shall not lapse by reason of the present war coming to an end, but shall remain in force until repealed or rescinded by means of a general rule made pursuant to the Judicature Act, 1908.

TAXATION OF COSTS.

576A. On the taxation of costs, whether as between party and party or as between solicitor and client, no charge shall be allowed for the preparation or service of the bill of costs or of any copy thereof.

HOLIDAYS.

Rule 601 relating to Court holidays is amended, by adding thereto the words “Labour Day, Dominion Day, General Election Day, St. George’s Day, St. Andrew’s Day, St. Patrick’s Day.” Nevertheless, the Court may lawfully sit on any Court holiday if the presiding Judge or Judges consider it desirable to do so for the despatch of business in hand.

RULES RELATING TO PROCEDURE UNDER THE COMPANIES ACT, 1908.

Change of Company’s Name.

(1.) Written notice of every application to the Court by a company for an order changing the name of the company shall be sent by registered letter to the Registrar of Companies at Wellington.

(2.) Every such application shall be accompanied:—

(a.) By a certificate under the hand of such Registrar to the effect that there is at the date of the certificate no company registered by a name identical with that proposed to be adopted by the applicant company, or so nearly resembling the same as to be calculated to deceive.

(b.) By a copy verified by affidavit of the company’s Memorandum of Association and Articles of Association.

(c.) By an affidavit or affidavits verifying the special resolution of the company to change its name, and setting forth the respective dates at which the meeting to pass and confirm the resolution were convened and held, and such other matters as are necessary or proper to be submitted to the Court to show that the resolution is valid and that the application should be granted.

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