Nov. 5.] THE NEW ZEALAND GAZETTE. 3105

SCHEDULE.

THE southern side of all that portion of road situated in the Taranaki Land District, Taranaki County, fronting Section 481, Grey District, Block IX, Paritutu Survey District.

Also the western side of all that portion of road in the said land district and county fronting Section 481, Grey District, Block IX, Paritutu Survey District.

As the said portions of roads are more particularly delineated on the plan marked P.W.D. 82823, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured red.

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

(P.W. 51/1663.)

Portions of Streets in the Borough of Motueka exempted from the Provisions of Section 128 of the Public Works Act, 1928, subject to a Condition as to the Building-line.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 31st day of October, 1931.

Present:

THE RIGHT HON. G. W. FORBES, PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Works Act, 1928, and of all other powers in any-wise 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 approve of the following resolution passed by the Motueka Borough Council on the first day of September, one thousand nine hundred and thirty-one, viz. :

“ The Motueka Borough Council, being the local authority having control of the roads in the Borough of Motueka, by resolution declares that the provisions of section one hundred and twenty-eight of the Public Works Act, 1928, shall not apply to that portion of the roads on the eastern and western sides of part Section 227, Block VII, Motueka Survey District ” ;

subject to the condition that no building or part of a building shall at any time be erected on the land fronting the portions of streets (described in the Schedule hereto) within a distance of thirty-three feet from the centre-lines of the said portions of streets.

SCHEDULE.

THE western side of all that portion of street, situated in the Nelson Land District, Borough of Motueka, fronting part Section 227, Motueka Original District, Block VII, Motueka Survey District.

Also the eastern side of all that portion of street in the said land district and borough fronting part Section 227, Motueka Original District, Block VII, Motueka Survey District.

As the said portions of streets are more particularly delineated on the plan marked P.W.D. 82737, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured red.

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

(P.W. 51/1671.)

Regulations for the Auditing of Solicitors’ Trust Accounts.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 31st day of October, 1931.

Present:

THE RIGHT HON. G. W. FORBES, PRESIDING IN COUNCIL.

IN pursuance and exercise of the power conferred on him by section fourteen of the Law Practitioners Amendment Act, 1913 (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 that Dominion, doth hereby revoke the Regulations for the Auditing of Solicitors’ Trust Accounts made under the said Act on the twenty-second day of May, one thousand nine hundred and fourteen, the thirty-first day of August, one thousand nine hundred and fourteen, the thirtieth day of July, one thousand nine hundred and eighteen, and the twenty-second day of December, one thousand nine hundred and twenty-three, respectively, and in lieu thereof doth hereby make the following regulations; and doth declare that, save as hereinafter provided, such revocation shall take effect and the regulations hereby made shall come into force on the date of the publication of this Order in Council in the Gazette.

REGULATIONS.

1. (1) THESE regulations may be cited as “The Solicitors Audit Regulations, 1931.”

(2) In these regulations, where not inconsistent with the context,—

“ Auditor ” means a member of the New Zealand Society of Accountants classified as a Public Accountant and approved by the Council of the District Law Society : Provided that where the Council of the District Law Society is satisfied that no public accountant is reasonably available it may approve of any competent accountant nominated by a solicitor to audit his trust account :

“ District Law Society,” in respect of any solicitor, means the District Law Society of the district in which such solicitor practises, or if he practises in more than one district then the District Law Society of each such district.

“ Solicitor ” means a solicitor of the Supreme Court of New Zealand ; and, where the context requires, includes a firm of solicitors :

“ Trust Account ” includes an account of all moneys which are, when received by a solicitor, subject to the provisions of section 47 of the Law Practitioners Act, 1908, and an account of all trust moneys received or held by a solicitor, whether in his capacity as a solicitor or otherwise :

“ Year ” means a year ending on the 31st day of March.

2. (1) Within three months after the end of each year every solicitor who was in practice during the whole or any part of that year shall cause his trust account for that year to be audited by an auditor, who shall forthwith send, with a covering letter signed by himself, a report of the result of such audit to the Secretary of the District Law Society, verified by the statutory declaration of the auditor in the form set out in the Schedule hereto. The auditor shall at the same time deliver a signed copy of his report to the solicitor to whose account it relates.

(2) If within three months after the end of any year the Secretary of the District Law Society does not receive an auditor’s report in respect of the trust account of any solicitor practising in that society’s district during any part of that year, he shall forthwith report the fact to the President of such Society, who shall cause the matter to be considered at a meeting of the Council of such Society within one month thereafter, and the Council shall thereupon forward to the Solicitor-General and to the Secretary of the New Zealand Law Society its report on the matter, stating what action, if any, has been taken in regard thereto.

3. (1) Any authority granted by the Solicitor-General to any solicitor pursuant to Regulation 3 of the regulations made under the said Act on the 22nd day of May, 1914, to substitute any other date for 31st March as the date of his annual audit is hereby revoked.

(2) Any solicitor who under any such authority has been authorized or required to cause his trust account to be audited as at some date between the 31st day of March, 1931, and the 1st day of January, 1932, shall, in addition to causing it to be audited as at that date, also cause it to be audited as at the 31st day of March, 1932, as required by Regulation 2 hereof.

(3) Any solicitor who under any such authority has been authorized or required to cause his trust account to be audited as at some date between the 31st day of December, 1931, and the 31st day of March, 1932, shall either—

(a) Cause his trust account to be audited as at that date and again as at the 31st day of March, 1932 ; or

(b) Cause his trust account to be audited as at the 31st day of March, 1932, but so that such audit shall cover the whole period from the date of his last annual audit pursuant to such authority to the 31st day of March, 1932.

(4) In any such case the auditor shall, after the coming into operation of these regulations, forward his report to the Secretary of the District Law Society.

(5) In any such case the provisions of Regulation 4 hereof with respect to examinations shall be modified so far as may, in the opinion of the Council of the District Law Society, be necessary.

4. (1) In respect of each yearly period the auditor shall examine the books and trust account of each solicitor whose trust account he has been appointed to audit on at least three occasions, and shall forthwith report to the Secretary