JULY 28.] THE NEW ZEALAND GAZETTE. 1733
And whereas the said question is one of great importance
on which in the interests of comity between the Common-
wealth of Australia and the Dominion of New Zealand it has
long been deemed desirable to obtain a decision by the Court
of Appeal of New Zealand:
And whereas in addition to the great importance of the
said issue it is essential in the interests both of the liberty of
the subject and of the administration of criminal justice that
the person who is alleged to be a fugitive offender and whose
extradition is sought by the plaintiff should not be unduly
detained in New Zealand pending determination of the
question aforesaid:
And whereas three Judges of the Supreme Court (of whom
the Chief Justice is one) have certified that it is not desirable
or expedient that the hearing of the aforesaid action should be
deferred until the next ordinary sitting of the Court of Appeal
appointed to be held on the twelfth day of September, one
thousand nine hundred and thirty-eight:
Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, in exercise of the powers
conferred by the said Act, and all other powers him thereunto
enabling, and acting by and with the advice and consent of
the Executive Council of the said Dominion, doth hereby
appoint and declare that a special sitting of the Court of
Appeal of New Zealand shall be held within the Supreme
Court House in the City of Auckland, commencing upon
Wednesday, the third day of August, one thousand nine
hundred and thirty-eight, at half past ten o'clock in the
forenoon, for the purpose of hearing such action and deter-
mining all questions of law thereon arising.
C. A. JEFFERY,
Clerk of the Executive Council.
Consenting to the Acquisition of an Aerodrome-site by the
Balclutha Borough Council.
GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 27th day of
July, 1938.
Present:
His Excellency The Governor-General in Council.
IN pursuance and exercise of the powers and authority
vested in him by the Local Authorities Empowering
(Aviation Encouragement) Act, 1929, His Excellency the
Governor-General of the Dominion of New Zealand, acting
by and with the consent of the Executive Council of the said
Dominion, doth hereby consent to the acquisition by the
Balclutha Borough Council of the land described in the
Schedule hereto, and to the maintenance of the aerodrome
thereon.
SCHEDULE.
FIRST, Lot C, Plan 1063, of Section 2, Block XXXV, Clutha
District, and Accretion adjoining (1 rood 33 poles) containing
an area of 12 acres 1 rood 5 poles; and
Secondly, part Railway land at Balclutha (Crown Reserve),
comprising Reserves Nos. 4 and 10 and part 9, Balclutha
Town ; part Block XIV, and part Block XV, Balclutha
Town, containing an area of 54 acres 3 roods.
C. A. JEFFERY,
Clerk of the Executive Council.
Consenting to the Raising of a Loan of £1,000 by the
Helensville Town Board and prescribing the Conditions
thereof.
GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 20th day of
July, 1938.
Present:
His Excellency The Governor-General in Council.
WHEREAS the Helensville Town Board (hereinafter
called “the said local authority”) proposes, pursuant
to the provisions of section three of the Main Highways
Amendment Act, 1928, to borrow the sum of one thousand
pounds (£1,000) by a loan to be known as “Main Highways
Loan, 1938” (hereinafter called “the said loan”), for the
purpose of meeting the Board’s share of the cost of recon-
structing that portion of the Auckland-Helensville State
Highway in the Town District of Helensville:
Now, therefore, 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,
and in pursuance and exercise of the powers and authorities
conferred on him by section eleven of the Local Government
Loans Board Act, 1926, as set out in section twenty-nine of the
Finance Act, 1932 (No. 2), and of all other powers and autho-
rities enabling him in this behalf, doth hereby consent to
the raising by the said local authority of the said loan for the
said purpose up to the amount of one thousand pounds
(£1,000), and in giving such consent doth hereby determine
as follows:-
(1) The term for which the said loan or any part thereof
may be raised shall be four (4) years.
(2) The rate of interest that may be paid in respect of the
said loan or any part thereof shall be such as shall not produce
to the lender or lenders a rate exceeding three pounds ten
shillings (£3 10s.) per centum per annum.
(3) The said loan, together with interest thereon, shall be
repaid by equal aggregate annual instalments extending over
the term as determined in (1) above.
(4) No moneys shall be borrowed under this consent after
the expiration of two years from the date hereof.
C. A. JEFFERY,
Clerk of the Executive Council.
(T. 49/419.)
Consenting to the Raising of a Loan of £500,000 by the Auckland
Transport Board and prescribing the Conditions thereof.
GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 20th day of
July, 1938.
Present:
His Excellency The Governor-General in Council.
WHEREAS the Auckland Transport Board (hereinafter
called “the said local authority”), being desirous
of raising the sum of five hundred thousand pounds (£500,000)
by a loan to be known as “Transport Consolidated Redemp-
tion Loan, 1938” (hereinafter called “the said loan”), for
the purpose of-
(a) Utilizing £460,000 for the purpose of (i) Purchasing or
completing the purchase of debentures issued in
respect of the Auckland City Tramway Loan of
£1,250,000 ; (ii) Redeeming the balance of this
loan at maturity; and (iii) Reimbursing the
Transport Fund Account for all moneys heretofore
or hereafter paid or advanced by it in or towards
the purchase or redemption of any of the said deben-
tures; and
(b) Utilizing the sum of £40,000 for the purpose of
purchasing debentures in any other loans, the
liability of the Auckland Transport Board and/or
reimbursing the Transport Fund Account for all
moneys heretofore or hereafter paid or advanced by
it in or towards the purchase or redemption of any
such debentures:
And whereas the said local authority has complied with the
provisions of the Local Government Loans Board Act, 1926
(hereinafter called “the said Act”), and it is expedient that
the precedent consent of the Governor-General in Council
as required by the said Act should be given to the raising of
the said loan:
Now, therefore, 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,
and in pursuance and exercise of the powers and authorities
conferred on him by section eleven of the said Act, as set out
in section twenty-nine of the Finance Act, 1932 (No. 2),
and of all other powers and authorities enabling him in this
behalf, doth hereby consent to the raising in New Zealand
by the said local authority of the said loan for the said purpose
up to the amount of five hundred thousand pounds (£500,000),
and in giving such consent doth hereby determine as follows :-
(1) As to the sum of four hundred thousand pounds
(£400,000):-
(a) The term for which such sum or any part thereof may
be raised shall not exceed fifteen (15) years.
(b) Such sum or any part thereof so raised, together with
interest thereon, shall be repaid by equal aggregate
annual or half-yearly instalments extending over
the term as determined in (a) above.
(c) The payment of such instalments shall be made in
New Zealand and no instalments shall be paid out
of loan-moneys.