July 23.] THE NEW ZEALAND GAZETTE. 881

for the issue of an order to authorize the construction of
such boom, and have deposited a plan thereof, marked M.D.
1029, 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 Coun-
cil 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, His Excellency 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 Messrs.
Lane and Brown to construct a boom on the east side of
Whangaroa Harbour, in accordance with the said plan
marked M.D. 1029, the site of such boom being imme-
diately adjoining the wharf shown on plan marked on M.D.
674, and on sketch plan recorded as Marine 82/742, and
deposited in the office of the Marine Department, Wellington,
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 follow-
ing 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; and
   the said Messrs. Lane and Brown shall not assign, charge,
   or part with any such right, power, or privilege, without the
   previous written consent of the Minister first obtained.

2. In consideration of the concessions and privileges
   granted by this Order in Council, Messrs. Lane and Brown
   shall, on being supplied with a copy thereof, pay to the
   Minister the sum of five pounds, and thereafter a sum
   of one pound, payable annually on the first day of July; the
   first of such payments to be made on Messrs. Lane and
   Brown being supplied with a copy of this Order in Council.

3. That the said rights, powers, and privileges may be at
   any time resumed by the Governor, and Messrs. Lane and
   Brown may be required to remove the boom from Whanga-
   roa Harbour, at their own cost, without payment of any
   compensation whatever, on giving to them six calendar
   months’ previous notice in writing. Any such notice shall
   be sufficient if given by the Minister, and delivered at or
   posted to their last known address.

4. Nothing contained in this Order in Council shall be
   deemed to prevent its revocation at any time and without
   any notice in case Messrs. Lane and Brown 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;
   (3.) Fail to pay the sums specified in clause two of these
   conditions; or,
   (4.) Become bankrupt or be in any manner brought under
   the operation of any Act for the time being in force
   relating to bankruptcy.

And publication in the New Zealand Gazette of an Order in
Council containing such revocation shall be sufficient notice
to Messrs. Lane and Brown, 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 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.

Terms and Conditions of Sale of the Tiniroto Village
Settlement, Auckland Land District.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-first
day of July, 1885.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the twenty-first section of “The Land
Act 1877 Amendment Act, 1879,” it is enacted that
the Governor in Council may fix the terms and conditions
upon which the lands comprised in any village settlement
shall be disposed of, and the mode of payment for the same :

And whereas His Excellency the Governor of the Colony
of New Zealand has, by Proclamation, set apart the lands
enumerated in the Schedules hereto for sale as a village
settlement:

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, in pursuance and exercise of the powers
and authorities conferred upon him by the hereinbefore in
part recited Act, and by and with the advice of the Executive
Council of the Colony of New Zealand, doth hereby fix the
following terms and conditions upon which the said village
settlement shall be disposed of, and the mode of payment for
the same, that is to say,—

1. The lands enumerated in the Schedules hereto shall be
   disposed of as village allotments for cash, and small-farm
   allotments upon deferred payments.

2. The day upon which the lands shall be open for appli-
   cation shall be Wednesday, the second day of September,
   one thousand eight hundred and eighty-five, at the Land
   Office, Auckland.

3. The lands enumerated in the First Schedule hereto
   shall be sold for cash immediately on purchase, and the
   lands enumerated in the Second Schedule hereto shall be
   sold on deferred payments.

4. The lands which are disposed of by sale upon deferred
   payments shall be subject to the provisions relating to
   suburban lands of Part III. of “The Land Act, 1877,”

5. No person shall be allowed to acquire more than one
   section upon either immediate or deferred payments.

6. The prices stated in the Schedules hereto shall be the
   prices at which the lands shall be open for application.

7. If there should be more than one application for any
   allotment in the First Schedule, offered for cash, the right to
   purchase the same shall be determined by auction amongst
   the applicants only; and if there should be more than one
   application for any allotment in the Second Schedule, offered
   for deferred payments, the right to occupy the same shall
   be determined by lot amongst the applicants.

8. Each applicant for a deferred-payment section in the
   Second Schedule will be required to make the declaration
   prescribed by section sixty-two of “The Land Act, 1877,” and
   shall at the time of application deposit with the Receiver
   of Land Revenue for the Auckland Land District one-tenth
   of the price of the allotment. Such payment shall be
   deemed to be a discharge of the license-fee for the six
   months due on the first day of January, one thousand eight
   hundred and eighty-six.

9. The purchaser of any lands described in the First Sche-
   dule, upon the full payment of the purchase-money, and the
   purchaser of any lands described in the Second Schedule,
   upon the like payment, and also the fulfilment of the terms
   and conditions prescribed by “The Land Act, 1877,” “The
   Land Act 1877 Amendment Act, 1879,” and “The Land Act
   1877 Amendment Act, 1882,” relating to land on deferred
   payments, will be entitled to his Crown grant, to be issued
   in the usual way upon payment of the fees prescribed by
   law.

FIRST SCHEDULE.

TINIROTO VILLAGE SETTLEMENT.

Village Allotments for Cash.