Jan. 24.] THE NEW ZEALAND GAZETTE 181

Portion of Spier Street, in the Borough of Wanganui, exempted from the Provisions of Section 117 of the Public Works Act, 1908, subject to a Condition as to the Building-line.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 14th day of January, 1924.

Present:

THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Works Act, 1908, and of all other powers in anywise enabling him in this behalf, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the following resolution passed by the Wanganui Borough Council on the fourth day of December, one thousand nine hundred and twenty-three, viz. :

“The Wanganui Borough Council having control of the street known as Spier Street, hereby resolves that section one hundred and seventeen (subsection one) of the Public Works Act, 1908, shall not apply to that portion of the said street which extends from Somme Parade (River-bank Road) for a distance of 236·4 links ”; subject to the condition that no building or part of a building shall at any time be erected on either side of the said portion of Spier Street (described in the Schedule hereto) within a distance of thirty-three feet from the centre-line of the said portion of street.

SCHEDULE.

ALL that portion of street, situated in the Wellington Land District, Borough of Wanganui, known as Spier Street, running in a north-westerly direction from its junction with Somme Parade (River-bank Road), for a distance of 236·4 links. As the said portion of street is more particularly delineated on the plan marked P.W.D. 58658, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Land District, and thereon coloured red.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Treaty of Peace Order, 1920, amended.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 14th day of January, 1924.

Present:

THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.

WHEREAS, in pursuance of the powers conferred upon him by the Treaties of Peace Act, 1919, and the War Regulations Amendment Act, 1916, and of all other powers him in that behalf enabling, His Excellency the Governor-General of the Dominion of New Zealand in Council was pleased to make the Treaty of Peace Order, 1920 (hereinafter referred to as “the principal Order”):

And whereas the said Treaty of Peace Order, 1920, was amended by the Treaty of Peace Amendment Order, 1922, and the Treaty of Peace Amendment Order (No. 2), 1922, and the Treaty of Peace Amendment Order, 1923 :

And whereas it is expedient that the principal Order and the above-recited Amendment Orders should be amended in manner hereinafter appearing :

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in pursuance of the authority conferred upon him in manner aforesaid, doth hereby order as follows :—

1. Paragraph 4 of the principal Order is hereby amended by deleting the words “and the Territory of Western Samoa.”

2. Paragraph 5 of the principal Order is hereby amended by deleting from the definition of “New Zealand” contained therein the words “and the Territory of Western Samoa.”

3. Paragraph 34 of the principal Order as amended by the Treaty of Peace Amendment Order, 1922, is hereby further amended by adding, after the words “or in any person claiming through an enemy” in subparagraph (a) thereof, the words “or that any enemy or other person as aforesaid was at such date beneficially entitled to any land or any estate, right, title, or interest therein”; and by adding, after the words “as the proprietor of such land, estate, or interest” in subparagraph (b) thereof, the words “as defined in such Order.”

4. Paragraph 4 of the said Treaty of Peace Amendment Order, 1922, is hereby amended by deleting the words “in necessitous circumstances” therein appearing; and by adding, after the words “whether of enemy nationality or not,” the following words: “whose property or money is held by the Public Trustee in pursuance of the War Regulations or of the principal Order, or any amendment thereof.”

5. This Order may be cited as the Treaty of Peace Amendment Order, 1924.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Treaty of Peace (Austria and Hungary) Order, 1924.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 14th day of January, 1924.

Present:

THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.

WHEREAS at Saint Germain-en-Laye on the tenth day of September, one thousand nine hundred and nineteen, a Treaty of Peace with Austria was signed on behalf of His Majesty, which said Treaty came into force on the sixteenth day of July, one thousand nine hundred and twenty:

And whereas at Trianon on the fourth day of June, one thousand nine hundred and twenty, a Treaty of Peace with Hungary was signed on behalf of His Majesty, which Treaty came into force on the twenty-sixth day of July, one thousand nine hundred and twenty-one:

And whereas the said Treaty of Saint Germain-en-Laye and the said Treaty of Trianon are Treaties within the meaning of the Treaties of Peace Act, 1919:

And whereas by the said Treaties of Peace Act, 1919, it is enacted that the Governor-General may by Order in Council make all such provisions as appear to him to be necessary for giving full effect to any of the provisions of such Treaties:

And whereas by the said Treaties the Government of New Zealand is entitled to retain or liquidate all property, rights, and interests situated in New Zealand and belonging to Austrian or Hungarian subjects and companies respectively:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of that Dominion, and in pursuance of the authority conferred on him in manner aforesaid, doth hereby order as follows :—

1. All property, rights, and interests (including debts) within New Zealand which at the date when the Treaty of Saint Germain-en-Laye came into force belonged to nationals of the former Austrian Empire (other than Austrian nationals resident in New Zealand at such date) are hereby declared to be vested in the Public Trustee in trust for His Majesty as property to be retained and liquidated in accordance with the provisions of the said Treaty.

2. All property, rights, and interests (including debts) within New Zealand which at the date when the Treaty of Trianon came into force belonged to nationals of the former Kingdom of Hungary (other than Hungarian nationals resident in New Zealand at such date) are hereby declared to be vested in the Public Trustee in trust for His Majesty as property to be retained and liquidated in accordance with the provisions of the said Treaty.

3. The Public Trustee is hereby empowered to sue for and recover in his own name in the Supreme Court of New Zealand or in any other Court of competent jurisdiction all property, rights, and interests (including debts) which are declared to be vested in the Public Trustee in pursuance of the foregoing provisions.

4. (a.) In respect of any estate, right, title, or interest, in any property as aforesaid vested in His Majesty as aforesaid the Public Trustee shall have power to sell, realize, or otherwise convert into money such property or any such estate, right, title, or interest therein, and after any sale, realization, or other conversion of such property into money as aforesaid the proceeds of such sale, realization, or conversion shall be retained and liquidated by His Majesty pursuant to the provisions of the relative Treaty, and to be dealt with and disposed of in accordance with the provisions of such Treaty.

(b.) A statement or recital in any transfer, conveyance, assignment, or other disposition of such property, or such estate, right, or interest therein shall, respecting any matter of fact in relation to such transfer, conveyance, assignment, or other disposition, be sufficient evidence of the facts therein stated or recited.

5. When the Attorney-General is satisfied that any property or money belonged at the outbreak of the late war with Germany to a person of British, Allied, of non-enemy