2910
THE NEW ZEALAND GAZETTE.
[No. 81

the Dominion of New Zealand, acting by and with the advice
and consent of the Executive Council thereof, and with the
concurrence of the Chief Justice of New Zealand and of three
of the other Judges of the Supreme Court of New Zealand, doth
hereby revoke Rules 254, 255, 256, 257, and 258, of the Code of
Civil Procedure as from the first day of February, one thousand
nine hundred and twenty-five, and doth hereby make the
following rules in substitution therefor, and doth declare that
such rules shall come into force on the first day of February,
one thousand nine hundred and twenty-five :—

254. In an action in which the only relief claimed by the
     plaintiff is damages in respect of a cause of action not
     being exclusively a breach of contract, either party may have
     the action tried before a jury on delivering to the proper
     officer of the Court, at least eight days before the commence-
     ment of the sittings at which the action is to be tried, a
     notice that he requires the action to be tried before a jury,
     and at the same time paying the cost of the jury for the
     first day of trial in accordance with the Juries Act, 1908.
     Thereupon such action shall be tried before a jury of four if
     the damages claimed do not exceed £200, and before a jury of
     twelve if the damages claimed exceed £200.

255. For the purposes of Rule 254 a cause of action which
     may be regarded as arising either out of breach of contract
     or out of tort shall be deemed to arise exclusively out of
     breach of contract.

256. The party applying to have the action tried before a
     jury shall serve upon the other party a copy of the notice
     mentioned in Rule 254 at least four days before the commence-
     ment of the sittings at which the action is to be tried.

257. (a.) All other actions shall be tried by a Judge without
     a jury, but if it appears to the Court, either before or at the
     trial, that any action or any issue therein can be more con-
     veniently tried before a jury, the Court may direct that the
     action or such issue be so tried. In an action in which the
     only relief claimed by the plaintiff is the recovery of a debt
     or damages not exceeding £200 the order so made may be
     either for trial before a jury of four or before a jury of twelve.
     In all other cases the order shall be for trial before a jury
     of twelve.

(b.) Subject to the provisions of Rule 133, this rule shall
apply, mutatis mutandis, to the trial of every counterclaim.

258. The party on whose application an order is made for
     trial before a jury shall within such time as is limited by the
     order in that behalf, or if no time is so limited then within
     four days after the making of such order, set down the action
     or counterclaim or issue for trial before a jury accordingly,
     and pay the cost of the jury for the first day of trial in accord-
     ance with the Juries Act, 1908 ; and in default of his so doing
     the order for a jury shall be ipso facto discharged, and the
     action or counterclaim or issue shall be tried in the same
     manner as if such order had not been made.

F. D. THOMSON,
Clerk of the Executive Council

——————————————————————————————————————————————————

Partial Revocation of Order in Council prohibiting all Alienation
of certain Native Land other than Alienation in favour of
the Crown.

ROBERT STOUT,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House at Wellington, this 8th day of
December, 1924.

Present :

His Excellency the Administrator presiding in Council.

WHEREAS by section three hundred and sixty-three of
the Native Land Act, 1909, it is enacted that any
Order in Council made under that section may at any time
be varied or revoked :

Now, therefore, His Excellency the Administrator of the
Government of the Dominion of New Zealand, in pursuance
and exercise of the power and authority hereinbefore men-
tioned, and acting by and with the advice and consent of the
Executive Council of the said Dominion, doth hereby revoke
the Order in Council referred to in Part I of the Schedule
hereto, but only in so far as it affects the land mentioned in
Part II of the said Schedule.

SCHEDULE.

PART I.

Order in Council under section 363 of the Native Land Act,
1909, dated the 23rd day of April, 1923, and published in the
New Zealand Gazette on the 3rd day of May, 1923, as extended
by Orders in Council dated the 17th March, 1924, and 22nd
September, 1924, affecting the various subdivisions of Tutukau
East B Block.

PART II.

Tutukau East B No. 7B, containing 2,785 acres, more or
less, situated in the Ngongotaha Survey District.

F. D. THOMSON,
Clerk of the Executive Council.

——————————————————————————————————————————————————

Napier appointed a Port of Shipment for Dairy-produce, and a
Store appointed, under the Dairy Industry Act, 1908.—
Notice No. Ag. 2441.

ROBERT STOUT,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House at Wellington, this 8th day of
November, 1923.

Present :

His Excellency the Administrator presiding in Council.

IN pursuance and exercise of the powers and authorities
conferred on him by section twenty of the Dairy Industry
Act, 1908, His Excellency the Administrator of the Government
of the Dominion of New Zealand, acting by and with the advice
and consent of the Executive Council of the said Dominion,
doth hereby appoint the Port of Napier to be a port from
which dairy-produce may lawfully be exported from the
Dominion, and doth hereby appoint the buildings in the
occupation of Messrs Niven and Company, at Port Ahuriri,
Napier, to be a store for the storage, cooling, or freezing of
dairy-produce prior to export; and it is hereby declared that
this Order in Council shall come into force on and after the
date of publication hereof in the New Zealand Gazette.

F. D. THOMSON,
Clerk of the Executive Council.

——————————————————————————————————————————————————

Prohibiting all Alienation of certain Native Land other than
Alienation in favour of the Crown.

ROBERT STOUT,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House at Wellington, this 8th day of
December, 1924.

Present :

His Excellency the Administrator presiding in Council.

ON the recommendation of the Native Land Purchase
Board, referred to in section three hundred and sixty-
three of the Native Land Act, 1909, and in exercise of the
power in this behalf conferred upon him by that section, His
Excellency the Administrator of the Government of the
Dominion of New Zealand, acting by and with the advice
and consent of the Executive Council of the said Dominion,
doth hereby prohibit, for the period of one year from the date
of this Order in Council, all alienation of the Native land
specified in the Schedule hereto other than alienation in
favour of the Crown.

SCHEDULE.

NGONGOTAHA SURVEY DISTRICT.

Name of Block. Approximate Area.
A. R. P.
TUTUKAU East B No. 7B No. 1 .. .. 239 0 26
" No. 7B No. 3 .. .. 342 3 20
" No. 7B No. 4 .. .. 298 2 36
" No. 7B No. 5 .. .. 480 0 16
" No. 7B No. 6 .. .. 360 1 20
" No. 7B No. 7 .. .. 348 3 32
" No. 7B No. 8 .. .. 613 1 34

F. D. THOMSON,
Clerk of the Executive Council.

——————————————————————————————————————————————————

Prohibiting the Importation of “Magnetaire” Bed-socks,
Insoles, and Friction-gloves, and Advertising-matter relating
thereto. (C. No. 14.)

ROBERT STOUT,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House at Wellington, this 8th day of
December, 1924.

Present :

His Excellency the Administrator presiding in Council.

IN pursuance and exercise of the powers and authorities con-
ferred upon him by section forty-six of the Customs Act,
1913, as amended by the Customs Amendment Act, 1921,