508
THE NEW ZEALAND GAZETTE.
[No. 16

and published in the New Zealand Gazette No. 67 of the sixth day of September, one thousand nine hundred and twenty-three, taking land for the purposes of a road in Block IX, Rangitoto Survey District, Tamaki West Road District, as affects the land described in the Schedule hereto, such land being no longer required.

SCHEDULE.

APPROXIMATE area of the piece of land not required: 21 perches.

Being portion of Lot 1 on D.P. 3887, being portion of Allotment 27, Waitemata Parish.

Situated in Block IX, Rangitoto Survey District. (S.O. 24461.)

In the North Auckland Land District; as the same is more particularly delineated on the plan marked P.W.D. 71215, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Land District, and thereon coloured green.

Given under the hand of His Excellency the Governor-General of the Dominion of New Zealand, and issued under the Seal of that Dominion, this 22nd day of February, 1928.

K. S. WILLIAMS, Minister of Public Works.

GOD SAVE THE KING!

(P.W. 34/2150.)

Revoking Part of a Proclamation taking Land for a further Portion of the North Auckland Railway and for a Road-diversion in connection therewith.

[l.s.] CHARLES FERGUSSON, Governor-General.

A PROCLAMATION.

IN pursuance and exercise of the powers and authorities vested in me by the Public Works Amendment Act, 1909, and of every other power and authority in anywise enabling me in this behalf, I, General Sir Charles Fergusson, Baronet, Governor-General of the Dominion of New Zealand, do hereby revoke so much of the Proclamation dated the eighteenth day of September, one thousand nine hundred and eleven, and published in the New Zealand Gazette No. 74 of the twenty-first day of the same month, taking land for a further portion of the North Auckland Railway and for a road-diversion in connection therewith, as affects the area of 1 rood 1 perch (being part of the area of 3 acres 2 roods 4 perches described in the said Proclamation as portion of S.E. 48, Parish of Kaiwaka), shown coloured green on the plan marked P.W.D. 71055, deposited in the office of the Minister of Public Works at Wellington, such area having been incorrectly described.

Given under the hand of His Excellency the Governor-General of the Dominion of New Zealand, and issued under the Seal of that Dominion, this 27th day of February, 1928.

K. S. WILLIAMS, Minister of Public Works.

GOD SAVE THE KING!

(P.W. 2/147.)

Amending Regulations under the Discharged Soldiers Settlement Act, 1915.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 23rd day of February, 1928.

Present:

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

IN pursuance and exercise of the powers and authorities conferred upon him by the Discharged Soldiers Settlement Act, 1915 (hereinafter referred to as the said Act), 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 amend in the manner set forth in the Schedule hereto the regulations under the said Act (hereinafter referred to as the said regulations) made on the eighth day of March, one thousand nine hundred and twenty-six, and published in the Gazette of the eighteenth day of March, one thousand nine hundred and twenty-six.

SCHEDULE.

THE said regulations are hereby amended by adding after clause 21 thereof the following new clause:—

21A. If, upon the expiry of the term of any mortgage securing advances made under the authorities mentioned in Regulation 20 hereof, it is deemed expedient to grant a renewal for part or whole of the advances then outstanding, the following provisions shall apply:—

(a) Separate valuations may be made of the mortgagor’s interest in the land and of the stock and chattels, and the Minister may authorize a new mortgage in the form No. 10 in the First Schedule hereto or to the like effect for such sum as is considered expedient. The amount so secured, together with interest at the rate of 5½ per centum per annum, shall be payable by half-yearly instalments of principal and interest calculated in accordance with one of the tables in the Seventh, Eighth, Ninth, Tenth, and Eleventh Schedules hereto; except that where the instalments are based on any table for repayment within a term greater than fifteen years such table shall extend to the first fifteen years of the term only, and the balance outstanding on the mortgage at the end of the fifteenth year shall become payable in one sum on the next following half-yearly date.

(b) Any balance of the mortgage debt not secured as specified in subclause (a) hereof shall be secured by a bill of sale over the stock and chattels of the mortgagor, and as collateral thereto by a flat mortgage over the land or the mortgagor’s interest therein, in the forms No. 7 and No. 6 respectively in the First Schedule hereto, or to the like effect. Loans secured in this way shall be payable on demand, and shall bear interest at the rate of 6 per centum per annum.

(c) Clause 40 of these regulations providing for rebate of interest shall apply to mortgages under paragraph (a) hereof.

By adding to clause 41, subclause (c), of the said regulations, after the words “purchasers thereof,” the words “to be paid by the purchaser.”

By deleting form No. 6 in the First Schedule to the said regulations and substituting the following:—

Form No. 6.

Under the Discharged Soldiers Settlement Amendment Act, 1915.

MEMORANDUM OF MORTGAGE.

(hereinafter called “the mortgagor”), being registered as proprietor of an estate [Here state nature of the estate or interest], subject, however, to such encumbrances, liens, and interests as are notified by memoranda under-written or endorsed hereon, in piece of land situated in the [District, county, hundred, or township], containing [Here state the area, exclusive of roads intersecting the same, if any], be the same a little more or less [Here state rights-of-way, privileges, or easements, if any, intended to be conveyed; if the land to be dealt with contains all that is included in an existing grant, or certificate of title, or lease, refer thereto for description and diagrams; otherwise set forth the boundaries in chains, links, or feet, and refer to plan thereof on margin of or annexed to the lease, or deposited in the Registry Office].

Whereas the mortgagor has applied for an advance under the provisions of the Discharged Soldiers Settlement Act, 1915, and the amendments thereof, from His Majesty the King (hereinafter called “the mortgagee”), and the Minister of Lands has authorized the granting of such advance.

Now, therefore, in consideration of all moneys now advanced or which are now or which may at any time hereafter become due and owing or payable by the mortgagor to the mortgagee, the mortgagor doth hereby covenant with the mortgagee as follows:—

1. That the mortgagor will upon demand pay to the mortgagee all the said moneys now advanced and further advances and all other moneys which may be owing by the mortgagor to the mortgagee under these presents (including rent or other charges falling due upon the land leased from or held under security to the mortgagee and above described), and also will upon demand pay the balance due upon the account current between them, the mortgagor and the mortgagee: Provided always, and it is hereby declared that the words “further advances” and the words “upon demand” whenever herein used shall have the meaning given to them respectively by the Chattels Transfer Act, 1924, and also that the words “will upon demand pay the balance due upon the account current between them” shall (mutatis mutandis) have the meaning given to them by the Chattels Transfer Act, 1924.

2. That the mortgagor will pay interest, on the balance for the time being of the said account current, at the rate of pounds per centum per annum, on the first day of