36

Provided also, that if in any action, suit, or other
proceeding it shall so happen that no final judgment,
decree, or sentence can be duly given in consequence of
a disagreement of opinion between the Judges of the
said Supreme Court, then, and in such case, the final
judgment, decree, order, or sentence may be entered
pro forma on the petition of any of the parties to the
action, suit, or other proceedings, according to the
opinion of the Chief Justice, or, in his absence, of the
senior Puisne Judge of the said Supreme Court; provided
that such order, decree, or sentence shall be deemed a
judgment, decree, order, or sentence of the Court for
the purpose of an appeal against the same, but not for
any other purpose.

Provided always, and it is hereby ordered that
nothing herein contained doth or shall extend, or be
construed to extend, to take away, or abridge, the
undoubted right and authority of Her Majesty, Her heirs
and successors, upon the humble petition at any time of
any person or persons aggrieved by any judgment or
determination of the said Court to admit his, her, or
their appeal therefrom, upon such terms and upon such
securities, limitations, restrictions, and regulations as
Her Majesty, Her heirs or successors, shall think fit,
and to reverse, correct, or vary such judgment or
determination as to Her Majesty, Her heirs and successors,
shall seem meet.

And it is further ordered that in all cases of appeal
allowed by the said Court or by Her Majesty, Her
heirs or successors, the said Court shall certify and
transmit to Her Majesty, Her Heirs and successors,
in Her or their Privy Council, a true and exact
copy of all evidence, proceedings, judgments, decrees,
and orders, had or made in such cases appealed, so
far as the same have relation to the matters of
appeal, such copies to be certified under the seal of
the said Court, and that the said Court shall also
certify and transmit to Her Majesty, Her heirs and
successors, in Her or their Privy Council, a copy of the
reasons given by the Judges of such Court, or by any
of such Judges for or against the judgment or
determination appealed against, where such reasons shall
have been given in writing, and where such reasons shall
have been given orally, then a statement in writing of
the reasons given by the Judges of such Court, or by
any of such Judges, for or against the judgment or
determination appealed against.

And it is further directed and ordained that the said
Court shall, in all cases of appeal to Her Majesty, Her
heirs or successors, conform to and execute, or cause to
be executed, such judgments and orders as Her Majesty,
Her heirs and successors, shall think fit to make in the
premises, in such manner as any original judgment,
decree, or decretal order, or other order or rule of the
said Court of New Zealand should or might have been
executed.

And the most Noble the Duke of Newcastle, one of
Her Majesty’s Principal Secretaries of State, is to give
the necessary directions herein accordingly.

W. L. Bathurst.

Colonial Defence Office,
Wellington, 14th January, 1867.

His Excellency the Governor has been pleased to
accept the resignations of the Commissions held
by the undermentioned Officers, viz. :—

Captain W. J. B. Junor, as Adjutant of Militia
and Volunteers, Invercargill.

Captain James Allan, East Taieri Rifle Volunteers.

Captain Robert Paterson, Dunedin Naval Volunteers.

Lieutenant George Tait, Bruce Company Otago
Rifle Volunteers.

Ensign Mark Scott, Bruce Company Otago Rifle
Volunteers.

J. C. Richmond,
(For Colonel Haultain.)

Colonial Defence Office,
Wellington, 14th January, 1867.

His Excellency the Governor has been pleased to
make the undermentioned appointments, viz. :—

In the Bruce Company of Otago Rifle Volunteers.

Edward Pettit to be Lieutenant. Date of Commission,
24th December, 1866.

John Dewe to be Ensign. Date of Commission, 24th
December, 1866.

J. C. Richmond,
(For Colonel Haultain.)

Office of the Commissioner of Customs,
Wellington, 15th January, 1867.

His Excellency the Governor has been pleased to
make the following appointments in the Customs
Department:—

Thomas Hill, Esq.,
to be Collector of Customs at Dunedin;

James Hackworth, Esq.,
to be Landing Surveyor at the Port of Wellington; and

William Sydney Munday, Esq.,
to be Officer in Charge at Westport, Buller.

J. C. Richmond.

Office of the Commissioner of Customs,
Wellington, 15th January, 1867.

His Excellency the Governor has been pleased to
appoint

Thomas Hill, Esq., Collector of Customs at Dunedin, and
William Sydney Munday, Esq., Officer in Charge
of Customs at Westport,
to be Licensing Officers under the provisions of “The
Arms Act, 1860.”

J. C. Richmond.

In the Supreme Court of New Zealand,
Otago and Southland District.

In the matter of the Petition of Robert Dunlop of
Dunedin, in the Province of Otago, Storekeeper, a
Debtor; and in the matter of the Petition of
Thomas Thomson of Green Island, in the Province
of Otago, aforesaid, Farmer, and William Kernahan,
of Dunedin, in the Province of Otago, aforesaid,
Storeman, Creditors of the said Robert Dunlop to the
extent of not less than Fifty Pounds; and in the matter
of the “Debtors and Creditors Act, 1862, and 1865.”

Upon reading the Petition of the above named
Bankrupt and the several paper writings thereto
annexed, and upon hearing Mr. Bryan Cecil Haggitt,
of Counsel for the said Bankrupt: It is ordered that
William Oram Ball, of Dunedin, in the Province of
Otago, aforesaid, Accountant, and Robert Smith Dods
of Dunedin, aforesaid, Merchant, be, and they are
hereby appointed Trustees of the Estate and Effects of
the Bankrupt; and it is further ordered that all real
and personal estate of the Bankrupt which shall vest
in the said William Oram Ball and Robert Smith Dods,
by virtue of their said appointment shall be held by
them, their heirs, Executors, or Administrators,
respectively, (except the wearing apparel of the Bankrupt
which shall be retained by him,) upon and for the
following trusts and purposes, namely:—

1. To sell, collect, and get in such real and personal
   estate, and receive the monies arising therefrom and to
   execute all necessary conveyances and assurances
   thereof.

2. To retain and pay all expenses properly incurred
   of and attending such sale, collection, and getting in.

3. To pay the poundage and fees payable under the
   above mentioned Acts.

4. To pay the costs properly incurred of and incidental
   to the Petition in these matters and subsequent
   thereto and also all costs and expenses in these matters
   which have been or shall be ordered by this Court or