858
THE NEW ZEALAND GAZETTE.

thority vested in me by the said fourteenth section
of "The Harbours Act, 1878," do hereby vest the
management of the Motueka Wharf in the Waimea
County Council, subject, however, to the conditions
set forth in the Schedule hereto: Provided always
that the aforesaid conditions, and other rights and
privileges hereby conferred, may from time to time
be altered, revoked, or modified by the Governor in
Council.

SCHEDULE.

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 of the Marine Department or Customs 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 said County Council 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 main-
   tain at its own cost any such lights; and shall also
   maintain leading lights into the Port of Motueka: all
   the said lights to be maintained to the satisfaction of
   the Minister having charge of the Marine Depart-
   ment: Provided that no new light shall be exhibited
   until after it has been approved of by the Minister
   having charge of 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 repair thereof,
   and may leave at the last known office of the Council
   a notice in writing of any defect, requiring the Council,
   within a reasonable time to be therein prescribed, to
   repair the same.

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

6. That nothing herein contained shall authorize
   the Council to do or cause to be done anything
   repugnant to or inconsistent with any law relating to
   the Customs, or any regulation of the Commissioner
   of Customs.

7. That the said Council shall keep a separate
   account of the revenue derived from and expenditure
   on the said wharf, and shall devote any profits made
   therefrom to the improvement of the wharfage accom-
   modation of the Port of Motueka.

8. 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.

9. That the rights, powers, and privileges conferred
   under or by virtue of this Order in Council may be
   at any time resumed by the Governor on giving to
   the Waimea County Council 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 office of the said Council, their
   successors or assigns. No compensation or al-
   lowance shall be payable in such case.

FORSTER GORING,
Clerk of the Executive Council.

[No. 53
Terms and Conditions of Sale of the Myross Village
Settlement, Southland Land District.

ARTHUR GORDON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
twenty-seventh day of June, 1881.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the twenty-first section of "The
Land Act 1877 Amendment Act, 1879," it is
enacted that the Governor in Council may fix the
terms and conditions upon which the lands comprised
in any village settlement shall be disposed of, and
the mode of payment for the same: And whereas
His Excellency the Governor of the Colony of New
Zealand has, by Proclamation in the New Zealand
Gazette, bearing date this thirtieth day of June, set
apart the lands enumerated in the Schedule hereto
for sale as a village settlement:

Now, therefore, His Excellency the Governor of
the Colony of New Zealand, in pursuance and exer-
cise of the powers and authorities conferred upon
him by the hereinbefore in part recited Act, and by
and with the advice of the Executive Council of the
Colony of New Zealand, doth hereby fix the following
terms and conditions upon which the said village
settlement shall be disposed of, and the mode of pay-
ment for the same, that is to say,—

1. The lands enumerated in the Schedules hereto
   shall be disposed of as small-farm allotments.

2. The day upon which the lands shall be open for
   application shall be Wednesday, the tenth day of
   August, one thousand eight hundred and eighty-
   one, at the Land Office, Invercargill.

3. The lands enumerated in the First Schedule
   hereto shall be sold for cash immediately on purchase,
   and the lands enumerated in the Second Schedule
   hereto shall be sold on deferred payments.

4. The lands which are disposed of by sale upon
   deferred payments shall be subject to the provisions
   relating to suburban lands of Part III. of "The Land
   Act, 1877," and to the provisions of section nine of
   "The Land Act 1877 Amendment Act, 1879."

5. No person shall be allowed to acquire more than
   one section upon either immediate or deferred pay-
   ments.

6. The prices stated in the Schedules hereto shall
   be the prices at which the lands shall be open for
   application.

7. If there should be more than one application
   for any allotment in Schedule I. offered for cash, the
   right to purchase the same shall be determined by
   auction amongst the applicants only; and if there
   should be more than one application for any allot-
   ment in Schedule II. offered for deferred payments,
   the right to occupy the same shall be determined by
   lot amongst the applicants.

8. Each applicant for a deferred-payment section
   in Schedule II. will be required to make the declara-
   tion prescribed by section sixty-two of "The Land
   Act, 1877," and shall at the time of application
   deposit with the Receiver of Land Revenue for the
   Southland Land District one-tenth of the price of
   the allotment. Such payment shall be deemed to be
   a discharge of the license-fee for the six months end-
   ing the thirty-first day of December, one thousand
   eight hundred and eighty-one.

9. The purchaser of any lands described in Sche-
   dule I., upon the full payment of the purchase-
   money, and the purchaser of any lands described in
   Schedule II., upon the like payment, and also the
   fulfilment of the terms and conditions prescribed by