1412
THE NEW ZEALAND GAZETTE.
[No. 69

mutatis mutandis, apply accordingly: And whereas the Tauranga Improvement Company (Limited), hereinafter called “the said company,” has applied for a license under the said Act to occupy a part of the foreshore and the land below low-water mark immediately contiguous to such foreshore, in order to erect and maintain thereon baths in Tauranga Harbour; and, in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” has deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 1097), showing the place in the said harbour where it is intended to erect such baths, and the manner in which it is proposed to erect the same, and the area of foreshore or land below low-water mark intended to be occupied for such purposes: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plan has, prior to the making of this Order in Council, been approved by the Governor in Council, without modification or addition: And whereas there is no Harbour Board having jurisdiction in Tauranga Harbour, and it is expedient that a license should be granted and issued to the said company under the said Act, for the purposes aforesaid, on the terms and conditions hereinafter expressed:

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 with the advice and consent of the Executive Council of the said colony, doth hereby license and permit the said company to use and occupy those parts of the foreshore and of the land below low-water mark immediately contiguous thereto which are particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon baths in accordance with the said plan, such license to be held and enjoyed by the said company upon and subject to the following terms and conditions, that is to say,——

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and of the land below low-water mark required for the construction of the baths, and any enclosure or fence necessary for the protection or privacy of the same, as shown and delineated on the said plan as aforesaid.

2. In consideration of the concessions and privileges granted by this Order in Council, the said company shall, on being supplied with a copy thereof, pay to the Minister the sum of five pounds, and thereafter an annual sum of one pound, the first of such annual payments to be made on the thirty-first day of December next.

3. The foreshore included in this license shall be used solely for bathing purposes.

4. The said company shall, during the subsistence of this Order in Council, provide and maintain proper and sufficient baths, with all necessary appliances and conveniences thereto, as will enable the public to use and enjoy the same, and all other advantages hereby conferred in respect of the use and occupation of the foreshore and land below high water, and with or without any charge for the same, and under such regulations for the decent and orderly use thereof as the said company may make.

5. A printed copy of the regulations affecting the use of the said baths, and advantages as aforesaid, shall be put up by the said company in such baths.

6. 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 company shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

7. That the said rights, powers, and privileges may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the said company three calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the Minister, and delivered at or posted to the registered office of the said company.

8. In case the said company shall——
   (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
   (2.) Cease to provide or maintain the said baths for the use of the public for bathing purposes;
   (3.) Fail to pay the sums specified in clause two of these conditions; or
   (4.) Be wound up or dissolved in any manner, or suffer or permit any steps or proceedings to be taken by any person for the purpose of winding up or dissolving the said company,
   then and in any of the said cases this Order in Council and every right, power, or privilege may be revoked and determined by the Governor in Council without any notice to the said company or other proceeding whatsoever; 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 that this Order in Council and the rights and privileges thereby conferred have been revoked and determined.

9. 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.

Health Officer, Nelson, appointed.

Colonial Secretary’s Office,
Wellington, 3rd December, 1885.

HIS Excellency the Governor has been pleased to appoint

ALFRED JOHN LEGGATT, Esq., M.R.C.S.E.,
to be the Health Officer, under section 105 of “The Public Health Act, 1876,” for the Port of Nelson, vice Dr. Rogers, deceased.

P. A. BUCKLEY.

Deputy Registrar of Marriages, &c., appointed.

Colonial Secretary’s Office,
Wellington, 7th December, 1885.

HIS Excellency the Governor has been pleased to appoint

THOMAS NIMMO BAXTER
to be the Deputy of the Registrar of Marriages and of Births and Deaths for the District of Carterton.

P. A. BUCKLEY.

Judge of Native Land Court appointed.

Native Office,
Wellington, 5th December, 1885.

HIS Excellency the Governor has been pleased to appoint

DAVID SCANNELL, Esq.,
to be a Judge of the Native Land Court.

J. BALLANCE.

Officer in the Forest Department appointed.

General Crown Lands Office,
Wellington, 2nd December, 1885.

HIS Excellency the Governor has been pleased to appoint

WALTER DE GEX REEVES, Esq.,
to the Agricultural and Forest Department. The appointment to date from the 16th October, 1885.

J. BALLANCE,
Minister of Lands.

Volunteer Officers appointed.

Defence Office,
Wellington, 9th December, 1885.

HIS Excellency the Governor has been pleased to make the under-mentioned appointments:—

C Battery, New Zealand Artillery Volunteers.
Samuel Frederick Smithson to be Lieutenant. Date of commission, 17th November, 1885.

Canterbury Engineer Volunteers.
Frank Coxon to be Lieutenant. Date of commission, 13th November, 1885.

Invercargill Rifle Volunteers.
Robert Dunlop to be Lieutenant. Date of commission, 5th October, 1885.

Kaiapoi Rifle Volunteers.
Caleb Whitefoord to be Captain. Date of commission, 13th November, 1885.

Woolston Rifle Volunteers.
Walter Johnston to be Captain.
Harry Robert Peel to be Lieutenant.
Date of commissions, 13th November, 1885.

Timaru Rifle Volunteers.
John William White to be Captain.
George Hampton Rhodes to be Lieutenant.
Robert Hamilton Fergusson to be Lieutenant.
Date of commissions, 17th November, 1885.

Geraldine Rifle Volunteers.
George Ward to be Lieutenant. Date of commission, 17th November, 1885.

Waimate Rifle Volunteers.
Edgar Channon Studholme to be Captain.
John Neilson to be Lieutenant.
Date of commissions, 17th November, 1885,