1222
THE NEW ZEALAND GAZETTE.
[No. 89

3. That the said County Council shall maintain and keep the above-mentioned wharf, and all erections on the wharf, 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 its own cost any such lights: Provided that no new 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 on the wharf, and view the state of repair thereof; and that, upon his leaving at the last known address of the said Council a notice in writing of any defect or want of repair in such wharf or buildings, requiring the Council, within a reasonable time to be therein prescribed, to repair the same, the said Council shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

5. That the said Council shall 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 the said Council shall keep a separate account of the receipts and expenditure on account of such wharf, and shall cause such account to be balanced to the 31st March in every year, and shall send a copy of such account when balanced to the Marine Department, and shall supply any particulars in reference thereto as may be required by the Marine Department.

7. That nothing herein contained shall authorize the said 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 Trade and Customs, or with any provisions of “The Harbours Act, 1878,” or its amendments, or any regulations thereunder.

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 said 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 address of the said Council, their successors, administrators, or assigns. No compensation or allowance shall be payable in such case.

FORSTER GORING,
Clerk of the Executive Council.

Validating Waitemata Election.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL

At the Government House, at Wellington, this seventh day of August, 1884.

Present:

His Excellency the Governor in Council.

WHEREAS on the twenty-seventh day of June last a writ was duly issued by the Clerk of the Writs for the election of a member of the House of Representatives for the Electoral District of Waitemata: And whereas under the provisions of “The Regulation of Elections Act, 1881” (hereinafter called “the said Act”), a polling-place at the Schoolroom, Kumeu, in the said electoral district, was duly appointed, together with other polling-places, for such district:

And whereas at the election held in pursuance of the said writ there were two candidates, namely, William John Hurst, of Auckland, in the Provincial District of Auckland, Esquire, and Henry Warner Farnall, also of Auckland, in the said district, Esquire; and, the day of polling having been notified under the said Act, a poll was duly demanded and proceeded to be taken on the twenty-second day of July last:

And whereas, pursuant to the provisions of the said Act, Thomas Seaman, Esquire, the Returning Officer for the said electoral district, duly appointed one John H. Broughton to be his deputy to act for him and take the poll in the said election at the polling-place at Kumeu aforesaid:

And whereas the letter of appointment of the said Deputy Returning Officer, together with a ballot-box, was transmitted by post to his address at Hobsonville, in the said electoral district, but by some accident or omission the same were not delivered to him until the morning of the said twenty-second day of July:

And whereas upon receipt of the said appointment and ballot-box the said Deputy Returning Officer proceeded to Kumeu, but, the roads being in bad order, did not reach there till about noon of the said twenty-second day of July, and on proceeding to open the poll the taking thereof was protested against by one James Hunter, as the agent and scrutineer of the said Henry Warner Farnall, and in accordance with such protest the Deputy Returning Officer did not open the said poll at Kumeu aforesaid, and the same was not taken there:

And whereas at the said election the said William John Hurst received six hundred and forty-six votes, and the said Henry Warner Farnall one hundred and seventy-two votes, and the said William John Hurst was afterwards declared by the said Returning Officer to have been duly elected as the member of the House of Representatives for the said electoral district:

And whereas it has been made to appear that, even had the poll been so taken at Kumeu as aforesaid, the result of the said election would not have been altered, so far as respects the return of the said William John Hurst:

And whereas by the seventy-fourth section of the said Act it is provided that, when any accidental or unavoidable impediment, misfeasance, or omission happens, the Governor in Council may take all such measures as may be necessary for removing or rectifying the same, or may declare any or all of the proceedings at or for any election valid notwithstanding such impediment or omission; and it is expedient that steps should be taken for the purpose of declaring the proceedings at the said election valid, notwithstanding the said misfeasance and omission hereinbefore set forth:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council thereof, doth hereby declare all the proceedings at the said election to be valid, notwithstanding the omission of the said Deputy Returning Officer to open the poll at the Schoolroom at Kumeu aforesaid at the time and in manner required by law, and also notwithstanding the misfeasance of the said Deputy Returning Officer in not proceeding with the said poll after his arrival at the said polling-place, in so far as such omission or misfeasance, or either of them, may or could have affected the said election.

FORSTER GORING,
Clerk of the Executive Council.

Land temporarily reserved in the Land District of Auckland.

Wm. F. DRUMMOND JERVOIS,
Governor.

WHEREAS by the one hundred and forty-fourth section of “The Land Act, 1877,” it is enacted that the Governor may from time to time, either by general or particular description, and whether the same has been surveyed or not, reserve from sale temporarily, notwithstanding that the same may be then held under pastoral license, any Crown lands which in his opinion are required for any of the purposes in the said section mentioned:

Now, therefore, I, William Francis Drummond Jervois, the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities vested in me by the said Act, do hereby temporarily reserve from sale the land in the Land District of Auckland, described in the Schedule hereunder written, for the purpose in the said Schedule specified.

SCHEDULE.

All that piece or parcel of land in the Provincial District of Auckland, containing by admeasurement 267 acres 2 roods, more or less, called or known as Section No. 81 of the Parish of Ruapekapeka, situated in Block IX., Russell Survey District. Bounded towards the North by Section No. 82 of the Parish aforesaid 5700 links, and by a line 852 links; towards the North-east and East by lines, 1726 links, 84 links, 790 links, 317 links, 462 links, and 173 links; towards the South, South-east, and East by the Tauranga-Kawau Block, 132 links, 210 links, 627 links, 211 links, 510 links, 765 links, 2074 links, 525 links, 662 links, 420 links, and 863 links; towards the South by the Karetu River; and towards the West generally by a road, 191 links, 209 links, 233 links, 174 links, 237 links, 244 links, 336 links, 107 links, 204 links, 147 links, 263 links, 431 links, 90 links, 208 links, 251 links, 375 links, 76 links, 124 links, 90 links, 177 links, 225 links, 80 links, 225 links, 351 links, 149 links, 65 links, 232 links, 390 links, 190 links, 170 links, and 36 links: save and excepting a road reserve 100 links wide along the Karetu River; be all the aforesaid linkages more or less.

All that piece or parcel of land in the Provincial District of Auckland, containing by admeasurement 212 acres 3 roods 7 perches, more or less, being called or known as Section No. 137 of the Parish of Kopuru, situated in Block IV., Kopuru Survey District. Bounded towards the North-east generally by Section No. 138 of the parish aforesaid, 4010 links and 752 links; towards the East by Section No. 124 of the parish aforesaid, 3035 links; towards the South by Section No. 125, 3000 links; towards the South-west by Section No. 136, 4764 links; and towards the North-west by the Oturei Block, 3601