320
THE NEW ZEALAND GAZETTE.
[No. 12

gazetting of this Order in Council the public highway mentioned in the Schedule hereto shall be a main highway within the meaning and for the purposes of the Main Highways Act, 1922.

SCHEDULE.

CHRISTCHURCH–AKAROA: All that street or portion of street in the Borough of Riccarton, commencing at its junction with Moorhouse Avenue, and proceeding generally in a south-westerly direction, via Lower Lincoln Road, and terminating at the boundary of the Borough of Riccarton, near the Addington Police-station, being a distance of 25 chains, more or less. As the same is more particularly delineated on plan numbered P.W.D. 83412, deposited in the office of the Main Highways Board at Wellington, and thereon coloured red.

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

Declaring Roads in Block XIV, Belmont Survey District, to be under the Control and Management of the Lower Hutt Borough Council.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 10th day of February, 1932.

Present:

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

IN pursuance and exercise of the powers vested in him by the Public Works Act, 1928, and of all other powers in anywise 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 order and declare that the roads and portion of road described in the Schedule hereto shall, on and after the date of this Order in Council, be under the control and management of the Lower Hutt Borough Council.

SCHEDULE.

ALL those roads in the Wellington Land District, Borough of Lower Hutt, known as Mahoe Street and Birch Street, portion of Bell Road (between Riverside Drive and Gracefield Road), and the access road from Bell Road to the Railway Workshops, adjoining Section 21, Block LIII, and Section 1, Block LVI, Hutt Valley Settlement. All situated in Block XIV, Belmont Survey District. As the same are more particularly delineated on the plan marked P.W.D. 83377, 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. 19/530.)

Hawke’s Bay Earthquake (Miscellaneous) Regulations.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 10th day of February, 1932.

Present:

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

IN pursuance and exercise of the powers conferred on him by section sixty-six of the Hawke’s Bay Earthquake Act, 1931, 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 make the following miscellaneous regulations for the purposes of the said Act.

REGULATIONS.

STAMP DUTIES.

1. THE Hawke’s Bay Adjustment Court may make an order directing the remission of the whole or any part of the conveyance duty payable on any instrument executed either before or after the 3rd day of February, 1931, and any penalty assessable in respect of such instrument under section 31 of the Stamp Duties Act, 1923, in any case in which, having regard to exigencies due to the Hawke’s Bay earthquake and the conditions arising therefrom, the Court is of opinion that such remission should be made.

2. In any case in which the Commissioner is satisfied that an application for a refund of stamp duties made under section 93 of the Stamp Duties Act, 1923, in respect of any instrument executed on or prior to the 3rd day of February, 1931, was not made within the period of twelve months prescribed by the said section 93 by reason only of some cause arising out of the Hawke’s Bay earthquake, the Commissioner may entertain such application if made within a period of eighteen months after the execution of the instrument or earliest instrument of agreement of sale referred to in the said section 93.

LAND AGENTS’ AND AUCTIONEERS’ LICENSES.

The regulations made under the said Act on the 17th day of August, 1931, and published in the Gazette on the 20th day of the same month at page 2314, are hereby amended by adding to clause 8 thereof the following additional subclauses:—

(3) For the purposes of this clause the instalments of every fee payable in respect of the issue or renewal of a license which has been made payable by instalments shall be deemed to be apportionable over the period for which such license continues, or would but for an order made under subclause (4) hereof, continue in force. The portion of such period to which each instalment is apportionable is hereinafter referred to as an “instalment period.”

(4) The Magistrate exercising jurisdiction in the Court in which has been fixed the payment by instalments of any such fee may, by order made at any time either before or after the due date for payment thereof, remit the payment of any instalment.

(5) No such order for remission shall be made in respect of an instalment for any instalment period already passed or entered upon unless the Magistrate is satisfied that the licensee has not at any time during such instalment period carried on business as a land agent or an auctioneer, as the case may be, but it shall not be necessary for the validity of such order that it should set out that the Magistrate is so satisfied.

(6) Prior to the making of any such order for remission the licensee shall deposit the license in the Court, and on the making of such order the license shall be retained by the Clerk of the Court until the instalment fee for a subsequent instalment period is paid.

(7) It shall not be lawful for the licensee to carry on business as a land agent or an auctioneer, as the case may be, pursuant to such license during any instalment period for which the instalment is remitted or remains unpaid.

(8) All the foregoing provisions of this clause shall be deemed to have come into force on the 3rd day of February, 1931.

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

(T. 40/562/18.)

Licensing Wilsons (N.Z.) Portland Cement (Limited), to use and occupy Part of the Foreshore and Land below Low-water Mark of Limestone Island in Whangarei Harbour as a Site for a Wharf.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 10th day of February, 1932.

Present:

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

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under the Harbours Act, 1923 (hereinafter called “the said Act”), the Wilsons (N.Z.) Portland Cement (Limited) (hereinafter called “the company,” in which term is to be construed, unless the context requires a different construction, its successors or assigns), has applied to the Governor-General in Council for a license under the said Act to use and occupy a part of the foreshore and land below low-water mark of Limestone Island in Whangarei Harbour in order to maintain a wharf erected thereon, and, in accordance with the one hundred and seventy-first section of the said Act has deposited plans in the office of the Marine Department at Wellington (marked M.D. 2470 and 3001) showing the area of foreshore and land below low-water mark occupied by the said wharf:

And whereas it has been made to appear to the Governor-General in Council that the work will not be or tend to the injury of navigation:

And whereas it is desirable that a license under the said Act for the purpose aforesaid should be granted and issued to the company on the terms and conditions set forth in the Schedule hereto:

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 by the said Act, and