1270

THE NEW ZEALAND GAZETTE.
[No. 80,

2 acres 1 rood 38 perches, more or less. Bounded—
Eastward by High Street; Northward by the con-
tinuation of Heaton Street; Westward by Sections
Nos. 177 and 184; and Southward by the continua-
tion of the northern boundary-line of Browne Street:
and numbered 2504A (in red).

1 acre and 1 perch, more or less. Bounded—
Northward by the continuation of the southern
boundary-line of Browne Street; Westward by Sec-
tions Nos. 191 and 198; and South-eastward by a
line in line with the south-eastern boundary of
Section No. 205: and numbered 2504B (in red).

3 roods 28 perches, more or less. Bounded—
Eastward by High Street; Southward by a line on
line with the northern boundary of Welham Street;
and North-westward by a line on line with the
north-western boundaries of Sections Nos. 361 and
322: and numbered 2504c (in red).

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

Authorizing W. H. Colbeck to build a Wharf at
Kaipara.

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.
At the Government House, at Wellington, this
fourth day of October, 1881.

Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE
GOVERNMENT IN COUNCIL.

WHEREAS 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 reclama-
tion of land from the sea in any harbour, or the con-
struction of any graving-dock or breakwater in any
harbour 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 by the seventeenth
section of the said Act it is provided that in and by
such Order in Council it may be prescribed what dues
or rates shall be taken by the persons by whom
such harbour works shall be constructed for the use
thereof, and that such may be made upon such terms
and conditions as the Governor in Council thinks fit:

And whereas William Henry Colbeck, of Pahi,
desires to build a wharf at Batley, at the junction of
the Otamatea and Arapaoa Rivers, Kaipara Harbour,
a place where no Harbour Board is in existence:

Now, therefore, the Administrator of the Govern-
ment 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 said William Henry
Colbeck to build, for the use and benefit of the public,
a wharf at Batley, at the junction of the Otamatea
and Arapaoa Rivers, Kaipara, in accordance with
the plans marked M.D. 502 and 568, 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 neces-
sary for the construction and use of such wharf,
subject to the conditions set forth in the First
Schedule hereto; and, in pursuance of the powers
vested in me as aforesaid, I do hereby fix the dues to be
charged for the use of the said wharf as set forth in
the Second 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, as
is provided by the said seventeenth section.

—

FIRST 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 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 said William Henry Colbeck 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 his 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 thereof;
   and that, upon his leaving at the last known residence
   of William Henry Colbeck a notice in writing of any
   defect or want of repair in such wharf or buildings,
   requiring him, within a reasonable time to be therein
   prescribed, to repair the same, the said William
   Henry Colbeck shall with all convenient speed cause
   such defect to be removed or such repairs to be made.
5. That William Henry Colbeck 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
   William Henry Colbeck 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, or with any provisions of
   "The Harbours Act, 1878," or its amendments, or
   any regulations thereunder.
7. 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.
8. 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
   William Henry Colbeck 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 residence of the said William Henry Col-
   beck, his administrators or assigns.

SECOND SCHEDULE.

FOR VESSELS HAULING ALONGSIDE THE WHARF.

s. d.
Under 50 tons, per day or part of a day ... 5 0
Over 50 tons and under 100 tons, per day or
part of a day ... ... ... ... ... 7 6
100 tons and upwards, per day or part of a day 10 0

FOR GOODS, ETC., LANDED ON THE WHARF.

General merchandise, with the exceptions
hereinafter mentioned, per ton weight or
measurement, import or export, or portion
of a ton ... ... ... ... ... 1 6
Wool, export only, per bale ... ... 0 6