1424
THE NEW ZEALAND GAZETTE.
[No. 40

hundred and thirty-two (including renewals of existing deposits)—The following rates according to the respective terms of the deposits, namely:—
(i) At call or for any period less than three months—Three per centum per annum:
(ii) For any period not less than three months but less than six months—Three and one-half per centum per annum:
(iii) For any period not less than six months but less than one year—Three and three-quarters per centum per annum:
(iv) For any period not less than one year but less than two years—Four per centum per annum:
(v) For any period not less than two years—Four and one-half per centum per annum.

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

Exempting certain Classes of Securities from the Operation of Part IV of the National Expenditure Adjustment Act, 1932, relating to Stamp Duty on Interest from Government and Local Bodies’ Securities.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 7th day of June, 1932.

Present:

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

IN pursuance and exercise of the powers conferred on him by the National Expenditure Adjustment Act, 1932 (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 exempt from the operation of Part IV of the said Act the following classes of securities:—
(a) Securities issued by a local authority, as defined by subsection (3) of section 45 of the said Act, and held by another such local authority, if it is proved to the satisfaction of the Minister of Finance—
(i) That the moneys secured by such securities are represented by moneys owing by the latter local authority upon securities issued by it; and
(ii) That the interest on such last-mentioned securities is not for the time being chargeable with stamp duty under Part IV of the said Act.
(b) Securities in which are invested any moneys belonging to any of the following organizations, institutions, or funds:—
The District Nursing Guild of St. John, Wellington.
The Jubilee Institute for the Blind, Auckland.
The Manurewa Children’s Home.
The Nelson Sick and Wounded Soldiers and their Dependents’ Fund Society (Incorporated).
The National War Funds Council.
The New Zealand Co-operative Dairy Company, Limited, Employees’ Superannuation Fund.
The New Zealand Nurses’ Memorial Fund (Incorporated).
The Orphan Home Trust Board, Auckland.
The Pension Fund of the National Bank of New Zealand, Limited.
The Union Bank of Australia, Limited, Staff Superannuation Fund.
The Union Steam Ship Company of New Zealand, Limited, Superannuation Association.

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

Making Rule under the Magistrates’ Courts Act, 1928.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 31st day of May, 1932.

Present:

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

IN pursuance and exercise of the powers and authorities conferred by section three of the Magistrates’ Courts Act, 1928, 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 rule set forth in the Schedule hereto, and doth declare that such rule shall take effect on and from the first day of June, one thousand nine hundred and thirty-two, and shall form part of and be read together with the Magistrates’ Courts Rules, 1928.

SCHEDULE.

47A. Abolished Courts.

(1) WHERE a summons has been issued pursuant to section 70 out of any Court which is subsequently abolished, and such summons has not been served, the Clerk of the Court having the custody of the records of such abolished Court may, without the payment of any further issuing fees, reissue such summons for service.

For recording purposes the Clerk shall first make an appropriate entry of such summons in red ink in his Plaint-book giving the record an “A” number. The summons shall be deemed to be a record of the Court by which it is reissued.

The summons may then be reissued under its original date after being endorsed as follows:—

“REISSUED (after the closing of the Magistrates’ Court at ), this day of , 19 .

[L.S.]

Clerk of Court.”

(2) Where a summons has been adjourned in a Court which is subsequently abolished prior to such summons coming to hearing, the Clerk having the custody of the records of such Court shall, at the request of either party, appoint a date for the hearing of such summons at his Court, and shall, give notice of such date to the other party in Form No. 34 or otherwise, as directed by the Magistrate.

Such summons shall be recorded by the Clerk in the manner directed by clause (1) hereof.

(3) Where the Clerk having the custody of the records of an abolished Court receives a certificate of judgment or order of such Court issued under section 158 or 159, he shall make an appropriate entry of the proceedings, in red ink, in the Plaint-book of his Court, such entry being given an “A” number for filing purposes. The Clerk shall make a further entry, showing particulars of the judgment, in his Civil Record-book, and shall add to such entry the following memorandum:—

“ENTERED pursuant to a certified copy of a judgment [or order] of the abolished Court at , which copy bears date the day of , 19 .”

He shall sign such entry, showing the date thereof, and thereafter such judgment shall for all purposes be deemed to be the judgment of such Court.

(4) Where a judgment summons issued out of an abolished Court (whether under section 150 or otherwise) has not been served at the date of the closing of such Court, and service of such summons is subsequently required, a certificate of the judgment in pursuance of which such summons was issued shall be obtained and filed with the Clerk having the custody of the records of such Court, whereupon the Clerk, without the payment of any further issuing fee, may reissue such summons for service.

Before reissuing such summons he shall endorse the same in the manner prescribed by clause (1) of this rule, and shall make an appropriate entry in his Judgment Summons Record-book in addition to the entries required by clause (3) hereof.

(5) (i) Where a proceeding of an abolished Court is transferred to another Court pursuant to this rule, the plaint-note and records thereto attached shall be transferred to such last-mentioned Court, and a “dummy” plaint-note recording such transfer shall be placed with the records of the abolished Court.

(ii) Where a certificate of judgment is issued for the purposes of this rule, the provisions of Rule 47 shall be complied with, except that it shall not be necessary to make an entry in the fold of the plaint-note, nor to make the entry in the Minute-book required by the last paragraph of such rule.

(iii) Where a Clerk reissues a summons for service pursuant to the provisions of this rule, service thereof must be effected within such time (or extended time) after the original issue from the abolished Court as is limited in that behalf by the Act.

(6) No fees shall be payable for the transfer of a summons pursuant to clause (1) of this rule, nor for the issue of a certificate of judgment or order mentioned in section 158 or 159 where such certificate is in respect of an abolished Court, nor for the filing of such certificate with the Clerk having the custody of the records of such Court, in accordance with clause (3) or (4) hereof, nor for any order for proceedings to enforce satisfaction of such judgment or order where such first-mentioned order has been rendered necessary by the abolition of a Court, any provisions in the scales of fees in respect of proceedings under the Act or under the Imprisonment for Debt Limitation Act, 1908, to the contrary notwithstanding.

(7) If any case arises in connection with the records of an abolished Court for which no provision has been made, such case shall be disposed of by the Court in accordance with the provisions of Rule 64.

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