SEPT. 19.] THE NEW ZEALAND GAZETTE. 2661

Directing Sale of Railway Land between Wyndham and Glenham under the Public Works Act, 1928.

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GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 16th day of September, 1935.

Present:

His Excellency the Governor-General in Council.

WHEREAS by the thirty-fifth section of the Public Works Act, 1928 (hereinafter termed “the said Act”), it is enacted that if it is found that any land held, taken, purchased, or acquired at any time under this or any other Act or Provincial Ordinance, or otherwise howsoever, for any public work, is not required for such public work, the Governor-General may, by Order in Council publicly notified and gazetted, cause the same to be sold under the conditions set forth in the said Act:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and direct the sale of the land described in the Schedule hereto.

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SCHEDULE.

APPROXIMATE area of the piece of land: 8 acres 1 rood. Portion of railway land (part Sections 5 and 15 and parts closed road), Block V, Wyndham Survey District, Southland County. (S.O. 64/120.)

In the Southland Land District; as the same is more particularly delineated on the plan marked L.O. 3506, deposited in the office of the Government Railways Board at Wellington, and thereon coloured blue.

C. A. JEFFERY,
Clerk of the Executive Council.

(L.O. 14858/68.)

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Domain Board appointed to have Control of the Rotokare (Ngaire) Domain.

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GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 16th day of September, 1935.

Present:

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers conferred by section forty-four of the Public Reserves, Domains, and National Parks 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 appoint

Ira James Bridger,
Leslie White,
Herbert Nicholas Murray,
George Dagleigh Morton,
Albert William Pepperell,
Charles Henry White, and
William Roy Stanners

to be the Rotokare (Ngaire) Domain Board, having control of the land described in the Schedule hereto; and doth hereby appoint Tuesday, the twenty-fourth day of September, one thousand nine hundred and thirty-five, at half past seven o’clock p.m., as the time when, and the Municipal Buildings, Eltham, as the place where, the first meeting of the Board shall be held.

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SCHEDULE.

TARANAKI LAND DISTRICT.—ROTOKARE (NGAIRE) DOMAIN.

ALL that area in the Taranaki Land District, containing by admeasurement 574 acres, more or less, being Section 1, Block XII, Ngaire Survey District: Bounded generally to-
wards the north by Sections 10 and 2, Block XII, Ngaire Survey District, Rotokare Road, and Section 3, Block XII aforesaid, 10998·6 links; towards the south-east by Tutaeariari No. 1 Block, Block XVI, Ngaire Survey District, 7464·4 links; towards the south-west by Section 32, Block XV, Ngaire Survey District, 8430·2 links; and generally towards the north-west by Sections 5 and 6, Block XI, Ngaire Survey District, 8758·9 links; excluding therefrom the Rotokare Road intersecting the section: be all the aforesaid linkages more or less.

C. A. JEFFERY,
Clerk of the Executive Council.

(L. and S. 1/138.)

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Making Rules of Procedure under Section 5 of the Crimes Amendment Act, 1910.

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GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 16th day of September, 1935.

Present:

His Excellency the Governor-General in Council.

PURSUANT to section five of the Crimes Amendment Act, 1910, and every other power him enabling, His Excellency the Governor-General, acting with the advice and consent of the Executive Council and with the concurrence therein of the Right Honourable the Chief Justice and four of the other members of the Rules Committee constituted under the Judicature Amendment Act, 1930 (two of such other members being Judges of the Supreme Court), doth hereby make the following rules.

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RULES.

1. These rules may be cited as the Reformatory Detention Review Rules, 1935.

2. These rules shall come into force on the day following the date of publication hereof in the Gazette.

3. Every application under section 5 of the Crimes Amendment Act, 1910, shall be made in writing, signed by the person sentenced, and forwarded by the Controlling Officer of a prison who for the time being has the custody of such person to a Registrar of the Court in the Supreme Court district in which the sentence was imposed.

4. Every such application shall be placed by the Registrar before the Judge or one of the Judges (if more than one) ordinarily presiding in such district.

5. The Registrar shall forthwith procure and lay before the Judge—

(i) The conviction drawn up by the Magistrate or an attested copy thereof;

(ii) A copy of the Magistrate’s notes of evidence (if any);

(iii) The depositions (if any) taken upon the hearing before the Magistrate;

(iv) A report from the Probation Officer;

(v) A list of all previous convictions of the person sentenced;

(vi) Any other relevant information that may be available.

6. If upon reading the application and other documents the Judge shall be of opinion that the sentence was excessive he may forthwith without calling upon the person sentenced or his counsel order that the sentence of reformatory detention be set aside or that the period of reformatory detention be reduced.

7. If the Judge is not in the first instance of opinion that the sentence was excessive he shall give counsel (if the person sentenced is represented by counsel) the opportunity of being heard in support of the application.

8. If the person sentenced is not represented by counsel the Judge shall give him an opportunity of placing before the Judge in writing his case in support of his application.

C. A. JEFFERY,
Clerk of the Executive Council.