276
THE NEW ZEALAND GAZETTE.
[No. 13

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-third
day of February, 1885.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the sixteenth section of "The Harbours
Act, 1878" (hereinafter called "the said Act"), 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
section thirteen of "The Timber-floating Act, 1884," it is
enacted that the laying-down of booms in navigable waters
for the security of timber or other substances or materials
shall be deemed to be a harbour work within the meaning of
the said Act: And whereas the requisite preliminary notices
have been given under "The Timber-floating Act, 1884:" 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 four-
teen 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 the
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,
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 construction
and use of such boom, subject to the following conditions,
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 ex-
   penge to the vessel or boat, a sufficient number of men to
   work the movable 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.

Dues and Rates to be charged for Use of the Whangaroa
and Mongonui Wharves.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-third
day of February, 1885.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS it is provided by section four of "The
Harbours Act Amendment Act, 1879," that the power
granted to the Governor in Council by the seventeenth sec-
tion of "The Harbours Act, 1878," in respect of prescribing
what dues and rates may be charged on wharves vested in
local bodies may be exercised from time to time as occasion
may require, and shall not be limited as in the said section
is provided: And whereas the management of the Whanga-
roa and Mongonui wharves were, by Orders in Council dated
the fifth day of August, one thousand eight hundred and
eighty-four, and published in the New Zealand Gazette of
the seventh day of August, one thousand eight hundred and
eighty-four, pages twelve hundred and twenty and twelve
hundred and twenty one, vested in the Mongonui County
Council: And whereas it is expedient to prescribe dues and
rates to be charged for the use of the said wharves:

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, by and with the advice and consent of the
Executive Council of the said colony, and in pursuance and
exercise of the power and authority granted to him by section
seventeen of "The Harbours Act, 1878," section four of
"The Harbours Act Amendment Act, 1879," and of all other
powers and authorities enabling him in that behalf, doth
hereby prescribe that the dues and rates specified in the
Schedule hereto shall be charged and taken, on and after the
date of this Order in Council, for the use of the Whangaroa
and Mongonui wharves aforesaid, and such dues and rates
shall be applied to keeping the above-mentioned wharves,
and all erections on the wharves, in good order and repair, as
provided in the said Orders in Council of the fifth day of
August, one thousand eight hundred and eighty-four.

SCHEDULE.

For vessels coming alongside either wharf,—
Steamers and sailing-vessels under 100 tons register,
per day or part of a day, per ton .. .. .. 0 0½
Steamers and sailing-vessels of and over 100 tons
register, for first 100 tons, per day or part of a
day, per ton .. .. .. .. .. 0 0½
Steamers and sailing-vessels of and over 100 tons
register, for every ton after the first 100 tons, per
day or part of a day, per ton .. .. .. 0 0¼
For goods landed on wharf, one clear day free to be
allowed to all goods on arrival.
Parcels, each .. .. .. .. .. 0 3
Goods of and under ¼ ton .. .. .. 0 6
Goods from ¼ to ½ ton, inclusive .. .. .. 0 9
Goods from ½ ton to 1 ton .. .. .. 1 0
Goods over 1 ton, at per ton .. .. .. 1 0
All goods remaining on wharves or goods-sheds for more
than one week to be charged 1s. per ton per week extra for
every week or part of a week they so remain.

FORSTER GORING,
Clerk of the Executive Council.