Nov. 12.] THE NEW ZEALAND GAZETTE. 3163

duly passed, and the other shall be appointed by the appellant
in writing as hereinafter provided.
(2.) No person shall be capable of acting as an assessor
except an engineer duly registered under the said Act..
(3.) If by reason of death, sickness, removal, or any other
cause the Magistrate named as provided by clause (2) of
Regulation 3 hereof shall be unable to discharge the duties
referred to in Regulation 4 hereof any other Magistrate may
discharge such duties in the place of the Magistrate so named.
(4.) If by reason of death, sickness, removal, or any other
cause the Magistrate so named as aforesaid shall not be
present at the time and place fixed for the hearing of the appeal,
any other Magistrate for the time being present may act in
the place of the Magistrate so named, and if no other Magistrate
be available the assessors may from time to time adjourn the
hearing of the appeal for such period not exceeding fourteen
days and to such place as they think fit.
(5.) If by reason of death, sickness, or any other cause any
assessor appointed as aforeaaid shall not be present at the
time and place fixed for the hearing of the appeal, then the
Board or the appellant, as the case may be, shall either at the
time of hearing or previously thereto make a fresh appointment
of an assessor and give notice in writing thereof forthwith
to the Magistrate and to the other party, and the Magistrate
may adjourn the hearing of the appeal for such time not
exceeding fourteen days as he thinks fit.

3. NOTICES BY PARTIES.
   (1.) Any person wishing to appeal shall give notice in the
   form set out in the Schedule hereto, and shall specify therein
   the name of the person whom he appoints to act as assessor
   on his behalf at the hearing of the appeal, and such assessor
   shall give in writing his consent to act.
   (2.) Within a period of twenty-one days after receipt of
   such notice of appeal the Board shall inform the appellant
   of the name of the Magistrate before whom the appeal will be
   heard and of the assessor appointed by the Board, and shall
   at the same time forward to such Magistrate a copy of the
   Board's decision and the notice of appeal therefrom, together
   with a notice of the appointment of an assessor by the Board.

4. TIME OF HEARING.
   (1.) The Magistrate shall fix a convenient time and place
   for the hearing of the appeal, such time to be not more than
   forty-two days after the receipt by the Board of the notice
   of appeal referred to in Regulation 3 hereof.
   (2.) The Magistrate shall cause at least seven days' previous
   notice of such time and place to be given to each assessor, the
   Board, and the appellant.

5. PROCEDURE AT HEARING.
   (1.) The Board of Appeal may, in its discretion, receive any
   evidence that it thinks fit (whether on oath or otherwise),
   and may act on any statement, document, information, or
   matter which in the opinion of the Board of Appeal may assist
   it to deal with the matters before it, whether the same would
   be legally admissible in a Court of law or not.
   (2.) In the matters not expressly provided for in the said
   Act or by these regulations the procedure of the Board of
   Appeal shall be such as the Magistrate may determine.
   (3.) The Board of Appeal may from time to time adjourn
   the hearing or consideration or determination of the appeal
   as it thinks fit.
   (4.) At the hearing of the appeal the appellant may himself
   appear or may be represented by some other person on his
   behalf, and the Board may be represented by any member
   thereof appointed by the Board, or by some other person
   appointed by the Board, but no solicitor or counsel shall
   appear or be heard.
   (5.) If the appellant or his representative fails to appear at
   the hearing, the Board of Appeal may determine the appeal
   in his absence on such evidence as is available. If he appears,
   the evidence shall be taken in his presence or in the presence
   of his representative or both.
   (6.) The determination made in respect of an appeal shall
   be in writing signed by the Magistrate and a copy of such
   determination shall be forwarded by the Magistrate to the
   appellant and to the Board, and the Board shall forthwith
   give effect to such determination. The Magistrate shall advise
   the Board whether or not the determination was unanimously
   arrived at.

6. Costs, Fees, AND EXPENSES.
   (1.) If the appeal is allowed the appellant shall be entitled
   to costs to be determined by the Board of Appeal.
   (2.) If the appeal is disallowed the appellant shall not be
   entitled to costs, and if in the opinion of the Board of Appeal
   the appeal is frivolous the Board of Appeal may direct that
   costs to be determined by the Board of Appeal shall be paid
   to the Board by the appellant, and such costs shall be a debt
   due to the Crown by the appellant.

(3.) The costs that may be allowed under this regulation may
include allowances to the appellant or officials of the Board,
as the case may be, and to witnesses at a rate not exceeding
the scale of allowances to witnesses for the time being in force
under the Magistrates' Courts Act, 1908, or any Act for the
time being amending or replacing that Act.
(4.) The assessors hearing any appeal may be paid such fee
as may be considered reasonable by the Board of Appeal, but
so that in no case shall the fee payable to any assessor exceed
£2 2s. per diem.

7. SERVICE OF DOCUMENTS.
   Any notice required to be given or document required to be
   served under these regulations may be given or served by
   registered-post letter, and if sent to an appellant may be
   addressed as provided by Regulation 4 of the Engineers
   Registration Regulations, 1925.

SCHEDULE.
NOTICE OF APPEAL.
To the Chairman,
Engineers Registration Board,
Wellington.
TAKE notice that I [Full name], of [Full postal address and
occupation], do hereby appeal under section twelve of the
Engineers Registration Act, 1924, against the decision of the
Engineers Registration Board conveyed to me by notice from
the Registrar dated the day of , 19 , [Here
insert either " declining my application for registration " or
"removing my name from the Register "] .
The following are the grounds upon which I make my
appeal :-
[Here insert fully the grounds of appeal. ]
And I do hereby appoint [Name in full], of [Full postal
address and occupation] as my assessor for the purposes of
this appeal.
Dated at this day of , 19 .
[Signature of Appellant. ]
I hereby consent to act as an assessor for the purpose of
this appeal. - [Signature of Assessor for Appellant. ]
F. D. THOMSON,
Clerk of the Executive Council.
Fixing the Date on which the Ashley River Improvement Act,
1925, shall come into Force.
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 10th day of
November, 1925.
Present :
THE HONOURABLE J. G. COATES PRESIDING IN COUNCIL.
IN pursuance and exercise of the powers conferred by
section one of the Ashley River Improvement Act, 1925,
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
fix the eleventh day of November, one thousand nine hundred
and twenty-five, as the date on which the Ashley River Im-
provement Act, 1925, shall come into force.
F. D. THOMSON,
Clerk of the Executive Council.
Amending Regulations for the Conservation and Use of the
Rotorua Sanatorium, Thermal Springs, and Grounds.
CHARLES FERGUSSON, Governor-General.
IN pursuance of the powers and authorities conferred upon
me by the three-hundred-and-twenty-ninth section of
the Land Act, 1908, the Tourist and Health Resorts Control
Act, 1908, and of all other powers and authorities enabling
me on that behalf, I, General Sir Charles Fergusson, Baronet,
Governor-General of the Dominion of New Zealand, do
hereby revoke that portion of the First Schedule of regulations
relative to the charges for baths, games, and treatment of
patients in the Government Sanatorium, made on the twenty-
second day of May, one thousand nine hundred and twenty-
three, seventeenth day of July, one thousand nine hundred
and twenty-four, seventeenth day of April, one thousand nine
hundred and twenty-five, and published in the New Zealand
Gazette of the thirty-first day of May, one thousand nine
hundred and twenty-three, twenty-fourth day of July, one
thousand nine hundred and twenty-four, and twenty-third