1226
THE NEW ZEALAND GAZETTE.
[No. 87

3. Any three of the said Board shall form a quorum. Any
   meeting may be adjourned from time to time.

4. The members of the Board shall, at their first meeting,
   and thereafter at an annual meeting to be held on the second
   Wednesday in January in every succeeding year thereafter,
   elect one of themselves to be Chairman, who may join in the
   discussion, and shall have an original as well as a casting
   vote. The Chairman shall hold office until the election of
   his successor.

5. If at any meeting the Chairman is not present at the
   time appointed for holding the same, the members present
   shall choose some one of their number to be Chairman of
   such meeting.

6. If, by resignation, death, or incapacity, or otherwise,
   the office of Chairman shall be or become vacant, the mem-
   bers may at any monthly or special meeting appoint a Chair-
   man.

7. All questions shall be determined by the majority of
   votes of the members of the Board present at a meeting.

FORSTER GORING,
Clerk of the Executive Council.

Authorizing the Mercury Bay Timber Company (Limited)
to construct a Boom across the Kaimarama Creek, Mercury
Bay.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-seventh
day of August, 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 construction 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 exceed-
ing 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 company," desires to
construct a boom across the Kaimarama Creek, Mercury
Bay, a place where no Harbour Board is in existence, and
the company has applied to the Governor in Council for the
issue of an order to authorize the construction of such boom,
and has deposited a plan thereof (marked M.D. 836) at the
Office of the Marine Department, 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 navigation, the Governor in Council hath this day
approved of the said deposited plan without any modification
or addition, and 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 company to construct a
boom across the Kaimarama Creek, in accordance with and
in the position shown on the said plan marked M.D. 836,
and to use and occupy such portion of the foreshore or of any
tidal land or tidal water as may be necessary for the con-
struction and use of such boom, subject to the following con-
ditions, namely:-

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 Kaimarama Creek and
   the bed thereof at their own cost, without payment of any
   compensation whatever, on giving to the company six calen-
   dar 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 company.

3. On the master or owner of any vessel or boat notifying
   to the company, or its agent, manager, or representative at
   Mercury Bay, that he desires to take his vessel or boat past
   the boom, the company shall forthwith provide, free of
   expense to the vessel or boat, a sufficient number of men to
   work the moveable part of the boom, so that the vessel or
   boat may pass through without delay.

4. Should it at any time become necessary for the con-
   venience of the traffic on the Kaimarama Creek that the
   opening in the boom should be wider than shown on the plan
   marked M.D. 836, the Minister may, by a notice in writing
   left at the last-known address of the company, require the
   company to provide an opening of the width specified in such
   notice, and the company shall thereupon, with all convenient
   speed, cause such opening to be made.

5. Nothing contained in this Order in Council shall be
   deemed to prevent its revocation at any time and without
   any notice, in case the company shall—
   (1.) Commit or suffer a breach of the conditions herein-
   before set forth, or any of them;
   (2.) Cease to use or occupy the said boom; or,
   (3.) Be in any manner wound up or dissolved.

And publication in the New Zealand Gazette of an Order in
Council containing such revocation shall be sufficient notice
to the 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 deter-
mined.

6. 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.

Authorizing the Auckland Brick and Tile Company
(Limited) to build a Wharf in Auckland Harbour.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-seventh
day of August, 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 construction 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 exist-
ence: 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 by the one hundred and
fifty-second section of the said Act it is further enacted that,
where it shall appear to the Governor in Council that any
harbour works are required for the use, benefit, or con-
venience of the public within a harbour under the control of
a Harbour Board, and that such Board cannot conveniently
execute or carry out such works, then, and in any such case,
the Governor in Council may exercise the powers vested in
him by the sixteenth, seventeenth, and eighteenth sections
of the said Act:

And whereas the Auckland Brick and Tile Company
(Limited) (hereinafter termed "the Company") desire to
build a wharf for the use, benefit, and convenience of the
public in Auckland Harbour, which harbour is within the
control of the Auckland Harbour Board, but the said Board
cannot conveniently execute or carry out such work; and
the Company have applied to the Governor in Council for
the issue of this order:

And whereas the Company have deposited plans of the
said wharf (marked M.D. 832, 833, and 834) at the office of
the Marine Department at Wellington, in the manner pre-
scribed 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 navigation, the Governor in Council hath this day
approved of the said deposited plans, without any modifica-
tion or addition, and subject to the conditions set forth in
this Order in Council:

Now, therefore, the Governor of the Colony of New Zea-
land, 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,