744
THE NEW ZEALAND GAZETTE.
|No. 49

SCHEDULE E.
Poundkeeper's Fees for giving Notice of Cattle Impounded.
For giving notice to any owner, agent, or bailiff, within
twenty miles of the pound,— s. d.
For every mile or part of a mile beyond three miles
from the pound to the residence of the owner of the
cattle ... ... ... ... ... 1 0
For posting a notice where the owner is not known
or lives at a greater distance than twenty miles
from the pound, and has no agent or bailiff within
that distance ... ... ... ... 1 0

FORSTER GORING,
Clerk of the Executive Council.

Authorizing the Warkworth Cement Company (Limited) to
build a Wharf at Warkworth.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of
June, 1883.

Present:

HIS EXCELLENCY THE GOVERNOR 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 parts of the
foreshore, or of any tidal land or tidal waters, as may be neces-
sary 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 conferred 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 Warkworth Cement Company (Limited)
(hereinafter called "the said Company") desire to build a
wharf, for the use, benefit, and convenience of the public, in
Mahurangi Harbour, a place where no Harbour Board is in
existence, and the said Company have applied to the Governor
in Council for the issue of this order:

And whereas the said Company have deposited plans of the
said wharf (marked M.D. 800 and 801) at the office of the
Marine Department at 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 Governor in Council that
the proposed work will not be or tend to the injury of naviga-
tion, the Governor in Council hath this day approved of the
said deposited plans, subject to the conditions set forth in this
Order in Council:

Now, therefore, the Governor 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 build, in the Mahurangi River, Mahurangi
Harbour, on the site shown in the plan marked M.D. 800, for
the use, benefit, and convenience of the public, a wharf, in
accordance with the said plan marked M.D. 801, 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 persons shall, at all reasonable times, either in the
   daytime or at night, have free and full liberty to use the above-
   mentioned wharf, after the same shall have been completed in
   accordance with the said plan, and to have ingress to and upon
   the said wharf, and egress therefrom, and regress thereto, as
   occasion may require.

2. That the said 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 main-
   tain at its own cost any such lights: Provided that no light
   shall be exhibited until after it has been approved of by the
   Minister.

3. That any person authorized by the Minister 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 such Minister leaving at or posting to the last known
   address of the said Company a notice in writing of any defect
   or want of repair in such wharf or buildings, requiring it,
   within a reasonable time to be therein prescribed, to repair the
   same, it shall, with all convenient speed, cause such defect to be
   removed or such repairs to be made.

4. That the said Company shall not erect or suffer to be
   erected on the said wharf any building or structure whatever,
   except with the consent of the Minister.

5. That nothing herein contained shall authorize the said
   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 Commissioner of Trade and Customs, or with
   any provisions of "The Harbours Act, 1878," or its amend-
   ments, or any regulations made thereunder, and that are now or
   may hereafter be in force.

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

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

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 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 delivered at the last known
   address of the said Company.

9. That the said Company shall not sell, mortgage, lease, or
   otherwise part with, charge, or encumber the said wharf, or any
   right or privilege hereby conferred upon it, without the consent
   in writing of the Minister.

10. 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 Company shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or
    (2.) Be in any manner wound up or dissolved; or
    (3.) Cease to use or occupy the said wharf.
    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 wharf, that this Order in Council, and the rights and
    privileges thereby conferred, have been revoked and deter-
    mined.

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

FORSTER GORING,
Clerk of the Executive Council.

Harbour Regulations and By-laws.

WM. F. DRUMMOND JERVOIS, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
fifth day of June, 1883.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the two hundred and twelfth sec-
tion of "The Harbours Act, 1878," it is
enacted that the Governor in Council may, for the
purposes specified in the said section, from time to
time make regulations to be called "General Harbour
Regulations," and which shall be in force in all the
ports of the colony:

And whereas by the sixty-fourth, one hundred and
third, and two hundred and fifteenth sections of that
Act, it is enacted that every Harbour Board shall
have power from time to time, by by-laws made there-
under, to do all or any of the following things for
and within the limits of a harbour under the control
of such Harbour Board, that is to say, in respect of
harbour control, of pilots and pilotage, of the removal
of ballast and other material from the sea-shore below
high-water mark, and of penalties for breaches of
such by-laws:

And whereas by the twelfth section of the said Act
it is enacted that, in harbours where there is no
Harbour Board, the Governor in Council shall have
all the powers, functions, duties, and authorities by
that Act conferred upon Harbour Boards, and may
exercise the same in accordance with the said Act;