Regulations and Warrants




Nov. 27.] THE NEW ZEALAND GAZETTE. 2831

Regulations under the Mortgages Final Extension Act, 1924.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 24th day of November, 1924.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred on him by the Mortgages Final Extension Act, 1924, 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 make the following regulations for giving effect to the provisions of the said Act.

REGULATIONS.

  1. THE notice of motion for an extension order under the said Act may be in accordance with the form in the First Schedule hereto.

  2. An extension order made under the said Act may be in accordance with the form in the Second Schedule hereto.

FIRST SCHEDULE.

In the Supreme Court of New Zealand,

………… District,

………… Registry.

In the matter of the Mortgages Final Extension Act, 1924; and in the matter of a certain Memorandum of Mortgage No. [or as the case may be].

Between A. B., of [Address and occupation], Mortgagor,

and

C. D., of [Address and occupation], Mortgagee.

TAKE notice that this Honourable Court will be moved on the day of , 192 , at o’clock in the forenoon, or as soon thereafter as the parties can be heard, on behalf of the mortgagor for an extension order under the above-mentioned Act—

Upon the grounds that the said mortgagor is unable to redeem the property either from his own moneys or by borrowing at a reasonable rate of interest, and that hardship would be inflicted on the said mortgagor by the enforcement of the mortgage; and that it is just and equitable that the due date should be postponed.

Dated this day of , 192 .

…………, Mortgagor
[Solicitor for Mortgagor].

To the above-named mortgagee, and to [Insert names of other persons defined in the Act as mortgagors].

SECOND SCHEDULE.

In the Supreme Court of New Zealand,

………… District.

………… Registry.

In the matter of the Mortgages Final Extension Act, 1924; and in the matter of a certain Memorandum of Mortgage No. [or as the case may be].

Between A. B., of [Address and occupation], Mortgagor,

and

C. D., of [Address and occupation], Mortgagee.

EXTENSION ORDER.

UPON hearing the application of the above-mentioned mortgagor filed herein, and being of opinion that it is just and equitable that the due date of the above-mentioned mortgage should be postponed, it is ordered that the due date for the payment of the principal moneys secured by such mortgage be and the same is hereby extended to the day of , 192 [or is hereby extended as follows: The sum of £ shall be paid on the day of , 192 , the sum of £ on the day of , 192 , and the sum of £ on the day of , 192 ; provided that this extension order shall cease to have effect if default is made in payment of any such sum on the day so appointed for the payment thereof]. [Insert such other terms and conditions as may be thought fit.]

Dated this day of , 192 .

By the Court,

…………, Registrar
[or Stipendiary Magistrate or other person to whom referred].

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

Warrant apportioning the Annual Payments of Interest and other Charges in respect of Certain Loans originally raised by the Waipa County Council between the Waipa and Raglan County Councils.

JELLICOE, Governor-General.

WHEREAS by section seventy-three of the Local Bodies’ Loans Act, 1913, it is, inter alia, provided that where part only of an area over which a special rate is made as security for a loan is merged or included within the district of a local authority other than the local authority that made the rate, then the whole of the liability in respect of the loan shall continue to be a liability of the local authority that raised the loan, but the Governor-General may, upon the written application of that local authority, by Warrant under his hand, direct that any local authority in whose district part of such area has been merged shall pay annually to the first-mentioned local authority during the currency of the loan, on such date as is specified, such amount as he considers a duly proportionate part of the interest and other charges in respect of the loan:

And whereas a part of the area over which the special loans of three thousand pounds for metalling roads in the Mangapiko Riding, and three hundred pounds for completing the metalling of roads in the Mangapiko Riding were raised by the Waipa County Council, has been merged or included in the County of Raglan:

And whereas it has been mutually agreed between the Waipa County Council and the Raglan County Council that the amounts of one pound seventeen shillings and threepence and three shillings and ninepence be paid annually by the Raglan County Council to the Waipa County Council as its proportionate part of the interest and other charges payable in respect of the loans:

And whereas written application has been made by the Waipa County Council to direct accordingly:

Now, therefore, I, John Rushworth, Viscount Jellicoe, Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred on me by section seventy-three of the Local Bodies’ Loans Act, 1913, do hereby direct that the Raglan County Council shall in respect of the loans above-mentioned pay annually to the Waipa County Council on the thirty-first day of July in each and every year during the currency of the said loans the above-mentioned amounts of one pound seventeen shillings and threepence and three shillings and ninepence as its duly proportionate part of the interest and other charges payable in respect of the said loans.

As witness the hand of His Excellency the Governor-General this 17th day of November, 1924.

F. H. D. BELL,
For the Minister of Finance.

Warrant apportioning the Annual Payments of Interest and other Charges in respect of a Loan originally raised by the Waipa County Council between the Waipa and Raglan County Councils.

JELLICOE, Governor-General.

WHEREAS by section seventy-three of the Local Bodies’ Loans Act, 1913, it is, inter alia, provided that where part only of an area over which a special rate is made as security for a loan is merged or included within the district of a local authority other than the local authority that made the rate, then the whole of the liability in respect of the loan shall continue to be a liability of the local authority that raised the loan, but the Governor-General may, upon the written application of that local authority, by Warrant under his hand, direct that any local authority in whose district part of such area has been merged shall pay annually to the first-mentioned local authority during the currency of the loan, on such date as is specified, such amount as he considers a duly proportionate part of the interest and other charges in respect of the loan:

And whereas a part of the area over which a special loan of £4,000 for metalling roads in the Mangapiko Riding was raised by the Waipa County Council, has been merged or included in the County of Raglan:

And whereas it has been mutually agreed between the Waipa County Council and the Raglan County Council that the amount of two pounds nine shillings and fivepence be paid annually by the Raglan County Council to the Waipa County Council as its duly proportionate part of the interest and other charges payable in respect of the loan:

And whereas written application has been made by the Waipa County Council to direct accordingly:

Now, therefore, I, John Rushworth, Viscount Jellicoe, Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred on me by section seventy-three of the Local Bodies’ Loans Act, 1913, do hereby direct that the Raglan County Council shall



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1924, No 79


NZLII PDF NZ Gazette 1924, No 79





✨ LLM interpretation of page content

⚖️ Regulations under Mortgages Final Extension Act

⚖️ Justice & Law Enforcement
24 November 1924
Mortgages, Extension Act, Supreme Court, Regulations
  • Jellicoe, Governor-General
  • C. A. Jeffery, Acting Clerk of the Executive Council

💰 Warrant apportioning interest payments (Waipa/Raglan)

💰 Finance & Revenue
17 November 1924
Local Bodies Loans Act, Waipa County Council, Raglan County Council, Loan apportionment
  • John Rushworth, Viscount Jellicoe, Governor-General
  • F. H. D. Bell, For the Minister of Finance

💰 Warrant apportioning interest payments (Waipa/Raglan)

💰 Finance & Revenue
17 November 1924
Local Bodies Loans Act, Waipa County Council, Raglan County Council, Loan apportionment
  • John Rushworth, Viscount Jellicoe, Governor-General