May 13.] THE NEW ZEALAND GAZETTE. 1287

the power and authority vested in him as aforesaid, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby authorize the Napier High School Board to borrow the said sum of six thousand seven hundred and fifty pounds, and prescribe that the term of the loan shall be fifteen years, and the rate of interest which the Napier High School Board may pay on the loan shall be five pounds fifteen shillings per centum per annum.

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

Approving the Rate of Interest, the Term of Years, and the Conditions on which the Napier High School Board may borrow and the Public Trustee may lend the Sums of £12,500 and £2,500 for the Purpose of building a School and Hostel in connection with the Napier Boys’ High School.

CHARLES FERGUSSON, Governor-General.

By his Deputy,
CHARLES PERRIN SKERRETT.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 6th day of May, 1926.

Present:

THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING IN COUNCIL.

WHEREAS by subsection one of section one hundred and thirty-five of the Reserves and other Lands Disposal and Public Bodies Empowering Act, 1925, it is provided that for the purpose of building a school and hostel in connection with the Napier Boys’ High School, the Napier High School Board, constituted under the Napier Nigh School Act, 1882, may, with the consent of the Governor-General in Council, borrow from the Public Trustee, and the Public Trustee may lend to the said Board, out of the Common Fund of the Public Trust Office, notwithstanding anything to the contrary in the Public Trust Office Act, 1908, or its amendments, a sum not exceeding fifteen thousand pounds on the security of the rents and profits of all or any of the lands vested in or belonging to the said Board, at such rate of interest, for such term of years, and upon such conditions as the said Board and the Public Trustee may agree upon and the Governor-General approves:

And whereas by subsection two of the said section it is provided that if the Public Trustee shall grant the said loan, the instrument of instruments of security may be in such form, and may confer upon the Public Trustee such authorities, powers, and remedies for securing the repayment of the principal, interest, and other moneys intended to be secured thereby, and may contain such covenants, agreements, conditions, and provisions as the Public Trustee shall require; and in particular may empower the Public Trustee, in case of default in payment of any such moneys, or in the performance or observance of any of the said covenants, agreements, conditions, or provisions, to enter into possession of the said rents and profits, or to appoint a receiver thereof:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority vested in him as aforesaid, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the borrowing by the Napier High School Board from the Public Trustee and the lending by the Public Trustee to the said Board—

(a.) Of the sum of twelve thousand five hundred pounds (£12,500), repayable with interest thereon at six pounds (£6) per centum per annum by sixty half-yearly instalments of four hundred and fifty-one pounds eleven shillings and threepence (£451 11s. 3d.) each upon the security of the rents and profits of the Board’s private endowments and generally upon the conditions set out in a certain deed of mortgage dated the fourteenth day of April, one thousand nine hundred and twenty-six, and made between the Napier High School Board of the one part and the Public Trustee of the other part; and

(b.) Of the further sum of two thousand five hundred pounds (£2,500) or any less amount, repayable by sixty half-yearly instalments, together repayable with interest at the rate aforesaid, upon the security aforesaid, and generally upon the conditions aforesaid as and when the Public Trustee may see fit so to do.

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

Land vested in the Lower Hutt Borough Council for Recreation Purposes.

CHARLES FERGUSSON, Governor-General.

By his Deputy,
CHARLES PERRIN SKERRETT.

IN pursuance and exercise of the powers and authorities conferred upon me by subsection four of section eighty-seven of the Reserves and other Lands Disposal and Public Bodies Empowering Act, 1925, I, General Sir Charles Fergusson, Baronet, Governor-General of the Dominion of New Zealand, being satisfied that the transfer referred to in the said subsection has been duly effected, do hereby cancel the existing reservation for defence purposes over the land described in the Schedule hereto, and do further hereby declare the said land, as and from the day of the date hereof, to be vested in the Corporation of the Borough of Lower Hutt, in trust, for recreation purposes.

SCHEDULE.

ALL that area situated in the Borough of Lower Hutt, Wellington Land District, containing by admeasurement 3 roods 24·7 perches, more or less, being part Subdivision 3, Te Momi Block, part Section 20, Hutt Registration District, and being all the land comprised in certificate of title, Volume 149, folio 190, Wellington Registry.

As witness the hand of His Excellency the Governor-General, this 6th day of May, 1926.

A. D. McLEOD, Minister of Lands.

Trustees for the Portobello Public Cemetery appointed.

CHARLES FERGUSSON, Governor-General.

By his Deputy,
CHARLES PERRIN SKERRETT.

IN pursuance and exercise of the powers and authorities vested in me by the fifty-fifth section of the Cemeteries Act, 1908, I, General Sir Charles Fergusson, Baronet, Governor-General of the Dominion of New Zealand, do hereby appoint the local authority specified in Part I of the Schedule hereto to have the control and management of the public cemetery specified in Part II of the said Schedule.

SCHEDULE.

Part I.—Local Authority.

PORTOBELLO ROAD BOARD.

Part II.—Name of Public Cemetery and Description of Land.

PORTOBELLO.

PART Section 8, Block VI, Portobello Bay Survey District, Otago Land District: Area, 3 roods 18 perches.

As witness the hand of His Excellency the Governor-General, this 8th day of May, 1926.

A. D. McLEOD, Minister of Lands.

Appointing a Member of the Gisborne Harbour Board.

CHARLES FERGUSSON, Governor-General.

By his Deputy,
CHARLES PERRIN SKERRETT.

WHEREAS it is provided by subsection three of section thirty-eight of the Harbours Act, 1923, that in the event of an extraordinary vacancy in the office of a non-elective member of a Harbour Board, the Governor-General shall, by Warrant under his hand, appoint some qualified person in his place:

And whereas Robert McDuff Birrell, a non-elective member of the Gisborne Harbour Board, has resigned his office, and an extraordinary vacancy in the membership of the Board has been created, and it is desirable to appoint a qualified person in his place:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in exercise of the hereinbefore-recited power and authority, doth hereby appoint

John Brassey Broadhurst

to be a member of the Gisborne Harbour Board, in the place of the said Robert McDuff Birrell, resigned.

As witness the hand of His Excellency the Governor-General, this 8th day of May, 1926.

G. JAS. ANDERSON, Minister of Marine.