1002
THE NEW ZEALAND GAZETTE.
[No. 65

things in connection with the valuation roll of the
said highway district, and doth declare that the times
for the doing of such several things shall be those
specified in the Schedule hereto.

SCHEDULE.

1. For transmitting to the Road Board the valua-
   tion list: On or before the 22nd July, 1882.
2. Valuation list to be open for inspection, and
   objections thereto to be received: Until the 5th
   August, 1882.

FORSTER GORING,
Clerk of the Executive Council.

Authorizing the Mercury Bay Timber Company
(Limited) to construct a Boom across the Wai-
wawa River.

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
twenty-fourth day of July, 1882.

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 reclamation
of land from the sea or any harbour, or the con-
struction of any graving-dock, 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 in any harbour where
no Harbour Board is in existence: And whereas by
the seventeenth section of the said Act it is also
enacted that every such Order in Council shall be
made upon such terms and conditions as the Governor
in Council thinks fit, and the rights thereby con-
ferred shall only be granted for a limited period not
exceeding in any case fourteen years, and may at any
time be altered, modified, or revoked:

And whereas the Mercury Bay Timber Company
(Limited), of Auckland (hereinafter called "the said
Company"), desires to construct a boom across the
Waiwawa River, Mercury Bay, a place where no
Harbour Board is in existence; and the said Com-
pany has applied to the Governor in Council for the
issue of an order to authorize the construction of
such boom, and has deposited plans thereof (marked
M.D. 648 and 649) at the office of the Marine Depart-
ment, Wellington, in the manner prescribed by the
one hundred and fifty-sixth section of the said Act;
and, it having been made to appear to the Adminis-
trator of the Government in Council that the pro-
posed work will not be or tend to the injury of
navigation, the Administrator of the Government in
Council hath this day approved of the said deposited
plans without any modification or addition, and sub-
ject to the conditions set forth in this Order in
Council:

Now, therefore, His Excellency the Administrator
of the Government of the Colony of New Zealand,
in pursuance and exercise of the power and authority
vested in him by the said Act, and by and with the
advice and consent of the Executive Council of the
said colony, doth hereby authorize the said Company
to construct a boom across the Waiwawa River, in
accordance with the said plans (marked M.D. 648 and

649), and in the position shown on plan (marked M.D.
632), and to use and occupy such portion of the fore-
shore, or of any tidal land or tidal water, as may be
necessary for the construction and use of such boom,
subject to the following conditions, viz. :-

1. 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 such rights,
   powers, and privileges shall be altered, modified, or
   revoked by competent authority.

2. That the said rights, powers, and privileges may
   be at any time resumed by the Governor, and the
   Company may be required to remove the boom from
   the Waiwawa River and the bed thereof at their own
   cost, without payment of any compensation what-
   ever, on giving to the said Company six calendar
   months' previous notice in writing. Any such notice
   shall be sufficient if given by the Minister, and de-
   livered at the last known address of the said Company.

3. On the master of any vessel notifying to the
   said Company or its agent, manager, or representa-
   tive at Mercury Bay that he desires to take his vessel
   past the boom, the Company shall forthwith provide
   free of expense to the vessel a sufficient number of
   men to work the movable part of the boom, so that
   the vessel may pass through without delay.

4. Nothing contained in this Order in Council
   shall be deemed to prevent its revocation at any
   time and without any notice in case the said Com-
   pany shall-

(1.) Commit or suffer a breach of the conditions
hereinbefore set forth, or any of them; or
(2.) Cease to use or occupy the said boom.

And publication in the New Zealand Gazette of an
Order in Council containing such revocation shall be
sufficient notice to the said Company, and to all
persons concerned or interested in the said boom, that
this Order in Council, and the rights and privileges
thereby conferred, have been revoked and determined.

5. In these conditions the term "Minister" means
   the Minister having charge of the Marine Depart-
   ment, as defined by the Shipping and Seamen's Act,
   1877," and includes any officer, person, or authority
   acting by or or under the direction of such Minister.

FORSTER GORING,
Clerk of the Executive Council.

Land withdrawn from Sale in Otago.

JAMES PRENDERGAST,
Administrator of the Government.

IN pursuance of the power and authority vested in
me in this behalf by the one hundred and sixty-
seventh section of "The Land Act, 1877," I, James
Prendergast, Chief Justice of the Colony of New
Zealand, and Administrator of the Government
thereof, do hereby withdraw from sale the land
described in the Schedule hereunder written.

SCHEDULE.

ALL the unsold Crown lands on both banks of the
River Clutha, for a width of 10 chains, from Cold
Creek, Block V., Teviot Survey District, to the inter-
section of the northern boundary of the Tuapeka
West Survey District with the banks of the Clutha
River.

As witness the hand of His Excellency the
Administrator of the Government, this
twenty-first day of July, one thousand
eight hundred and eighty-two.

WM. ROLLESTON,
Minister of Lands,