1524
THE NEW ZEALAND GAZETTE.
[No. 100

Authorizing the Auckland Timber Company (Limited) | Harbours Act, 1878," or its amendments, or any
to build a Wharf at Mongonui.

ARTHUR GORDON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
fifteenth day of November, 1881.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

W
HEREAS by the sixteenth section of "The
Harbours Act, 1878," it is enacted that, in
any harbour where no Harbour Board is in existence,
the Governor in Council may authorize any person to
construct harbour works (other than the reclamation
of land from the sea in any harbour, or the construc-
tion of any graving-dock or breakwater in any har-
bour or in the sea), and to use and occupy such part
of the foreshore, or of any tidal land, or tidal waters,
as may be necessary for the construction or use of
such harbour works:

And whereas the Auckland Timber Company
(Limited) (hereinafter referred to as "the Com-
pany"), desires to build a wharf at Mongonui, a
place where no Harbour Board is in existence:

Now, therefore, the Governor of the Colony of
New Zealand, by and with the advice and consent of
the Executive Council of the said colony, doth hereby
authorize the Company to build, for the use and
benefit of the public, a wharf in the Harbour of
Mongonui, in accordance with plans marked MD 580
and 581, and deposited in the office of the Marine
Department, and to use and occupy such portion of
the foreshore or of any tidal land or tidal water as
may be necessary for the construction and use of
such wharf, subject to the following conditions, that
is to say,-

1. That all Her Majesty's subjects shall, at all
   reasonable times, and upon payment of the proper
   dues, have free and full liberty to use the above-
   mentioned wharf, and of ingress and egress thereon.

2. That Her Majesty or the Governor, and all
   officers in the Government service, acting in the
   execution of their duty, shall at all times have free
   ingress, passage, and egress into, through, and out
   of the wharf without payment.

3. That the Company shall maintain and keep the
   above-mentioned wharf and all erections thereon in
   good order and repair, and shall at all times permit
   to be erected and exhibited therefrom any lights for
   the guidance of vessels, and shall maintain at its
   own cost any such lights: Provided that no light
   shall be exhibited until after it has been approved of
   by the Marine Department.

4. That any person authorized by the Minister
   having charge of the Marine Department, or any
   officer acting with his approval, may at all reasonable
   times enter upon the said wharf and any buildings
   erected thereon, and view the state of repairs there-
   of; and that, upon his leaving at the last known
   address of the Company a notice in writing of any
   defect or want of repair in such wharf or buildings,
   requiring the Company, within a reasonable time to
   be therein prescribed, to repair the same, the Company
   shall, with all convenient speed, cause such defect to
   be removed or such repairs to be made.

5. That the Company will not erect or suffer to be
   erected on the said wharf any building or structure
   whatever, except with the consent of the Marine
   Department.

6. That nothing herein contained shall authorize
   the Company to do or cause to be done anything
   repugnant to or inconsistent with any law relating
   to the Customs, or any regulation of the Commis-
   sioner of Customs, or with any provisions of "The

regulations thereunder.

7. That it shall be lawful for the Company to levy
   wharfage on all goods landed or shipped from the
   said wharf at such rates as may from time to time
   be approved of by the Governor in Council: Pro-
   vided, however, that nothing herein contained shall
   authorize the Company to charge with wharfage-

Any stores or goods required for the use of
Her Majesty's naval or military forces, or for
any ship in the naval service of any foreign
power:
Goods of or for the service of Her Majesty in
the colony:
Any goods under seizure of officers of revenue:
The baggage of any person in the service of
Her Majesty whilst travelling on duty.

8. That the ballast of all vessels loading at the
   said wharf shall be taken away by the Company
   and deposited above high-water mark, or at such
   place as may be approved of by the Minister having
   charge of the Marine Department.

9. That the rights, powers, and privileges conferred
   by this Order in Council shall continue in force for
   fourteen years, computed from the date of this Order
   in Council, unless in the meantime altered, modified,
   or revoked.

10. That the rights, powers, and privileges con-
    ferred under or by virtue of this Order in Council
    may be at any time resumed by the Governor with-
    out payment of any compensation whatever, on giving
    to the Company six calendar months' notice in
    writing. Any such notice shall be sufficient if given
    by the Governor or the Minister having charge of
    the Marine Department, or any person acting under
    his or their instructions, and delivered at the last
    known address of the Company, its administrators or
    assigns.

F. P. MURRAY,
Acting Clerk of the Executive Council.

Trustee appointed for the Tauranga Cemetery.

ARTHUR GORDON, Governor.

IN pursuance and exercise of the powers and
authorities vested in me by the fourth section of
"The Cemetries Management Act, 1877," I, Arthur
Hamilton Gordon, the Governor of the Colony of
New Zealand, do hereby appoint

JOHN WILLIAM CLAREBROUGH

to be a Trustee, in the place of Michael Joseph
Brennan, resigned, to provide for the maintenance
and care of the Tauranga Public Cemetery, in con-
junction with the other persons appointed by warrant
under the hand of His Excellency the Governor on
the twenty-seventh day of October, one thousand
eight hundred and seventy-nine.

As witness the hand of His Excellency the
Governor, this twelfth day of November,
one thousand eight hundred and eighty-
one.

WM. ROLLESTON,
Minister of Lands.

Land temporarily reserved in the Land District of
Auckland.

ARTHUR GORDON, Governor.

W
HEREAS by the one hundred and forty-fourth
section of "The Land Act, 1877," it is enacted
that the Governor may from time to time, either by
general or particular description, and whether the
same has been surveyed or not, reserve from sale
temporarily, notwithstanding that the same may be
then held under pastoral license, any Crown lands