Jan. 23.] THE NEW ZEALAND GAZETTE. 123

ceeing those specified in the Eighth Schedule to the said Act, which shall be payable at any port or ports within the colony in respect of all ships arriving at, and of all ships leaving, such ports, and in like manner from time to time to vary, alter, or abolish such dues: And whereas lighthouse dues to be collected at certain ports were fixed by Order in Council bearing date the twenty-third day of November, one thousand eight hundred and eighty-four: And whereas it is expedient to fix lighthouse dues at certain other ports:

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, doth hereby order that the lighthouse dues which are specified in the third column of the Schedule hereunto annexed shall be collected on arrival at the ports specified in the first column of the said Schedule; and, further, His Excellency the Governor doth order that any vessel from any place out of New Zealand first arriving at a port where lighthouse dues are not charged for such voyage shall, on arriving at any of the ports in the Schedule hereto, be charged the same rate as if she had arrived at such port direct.

And, with the like advice and consent, His Excellency the Governor doth further order that this Order in Council shall come into force on and after the first day of February next.

SCHEDULE.

NOTE.—The term “intercolonial trading vessel,” when used in this Order in Council, shall mean and include any vessel actually trading between New Zealand and any port within the Australian Colonies, including Tasmania, or between New Zealand and any of the islands lying between the parallels of thirty degrees North and thirty degrees South latitude and the meridians of one hundred and fifty-five degrees East and one hundred and thirty degrees West longitude. (Section 5, “Shipping and Seamen’s Act, 1877.”)

The term “coasting vessels” and “coasters” shall mean and include all vessels while employed in trading from any one part of the colony to any other part thereof.

F. W. PENNEFATHER,
Acting Clerk of the Executive Council.

Licensing William Brownlee to use and occupy a Part of the Foreshore of the Pelorus River.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At Christchurch, this seventeenth day of January, 1885.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), it is, among other things, enacted that, where the foreshore has been legally vested in any Harbour Board or other local governing body, it may from time to time, subject to the provisions of the one hundred and fifty-sixth section of “The Harbours Act, 1878,” license and permit any part of the foreshore to be used or occupied, inter alia, for the erection and use of any landing-place or wharf: And whereas by the said Act it is also provided that every licensee shall, subject to the provisions of the said Act, have power to make and construct any necessary reclamation for the purpose of erecting on the foreshore comprised in his license, or upon any land below low-water mark immediately contiguous to such foreshore which shall be specified in such license, any building, structure, erection, or other works to enable him to obtain the full benefit of such license: And whereas by the said Act it is further provided that every such license shall be in writing under the seal of the Board or body granting the same, and may be for any period not exceeding fourteen years from the date thereof, and may prescribe a sum of money to be payable either at stated periods or on or before the granting thereof for the use of the foreshore so granted, and may prescribe any other terms or conditions, general or particular, to be observed or performed by the person to whom the same is granted: And whereas by the said Act it is also enacted that, in any case where there is no Harbour Board, or no Harbour Board empowered to grant any such license as aforesaid, the Governor in Council may in his discretion grant and issue a license for all or any of the purposes hereinbefore mentioned, and all the provisions of the said Act in respect of such licenses shall, mutatis mutandis, apply accordingly: And whereas William Brownlee, of Havelock, has applied for a license under the said Act to occupy a part of the foreshore and the land below low-water mark on the Pelorus River, Havelock Harbour, in order to erect and maintain thereon a wharf; and, in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” has deposited plans in the office of the Marine Department, at Wellington (marked M.D. 988 and 989), showing the manner in which it is proposed to construct such wharf, the place in the said river where it is intended to erect the same, and the area of foreshore or land below low-water mark intended to be occupied for such purpose: 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 plans have, prior to the making of this Order in Council, been approved by the Governor in Council: And whereas there is no Harbour Board having jurisdiction in the said harbour, and it is expedient that a license should be granted and issued to the said William Brownlee under the said Act, for the purpose aforesaid, on the terms and conditions hereinafter expressed:

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 with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or object for which the said license is required by the said William Brownlee as aforesaid; and in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the said William Brownlee to use and occupy that part of the foreshore and of the land below low-water mark which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by him 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 necessary for the erection of such wharf, which are shown on the said plans marked M.D. 988 and 989.

2. In consideration of the concessions and privileges granted by this Order in Council, the said William Brownlee 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, dating from the thirty-first day of December, one thousand eight hundred and eighty-four, the first of such yearly payments to be made on a copy of this Order in Council being supplied to the said William Brownlee, and thereafter such annual payments to be made on the thirty-first day of December.

3. The said William Brownlee shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom, and maintain at his own cost, suitable and necessary lights for the guidance of vessels: Provided that no light shall be exhibited until after it has been approved of by the Minister.

4. Any person authorized by the Minister may, at all reasonable times, enter upon the said wharf and view the state of repairs thereof; and that upon such Minister leaving at or posting to the last known address of the said William Brownlee a notice in writing of any defect or want of repair in such wharf, requiring him, within a reasonable time to be therein prescribed, to repair the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made.

5. That nothing herein contained shall authorize the said William Brownlee 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 made thereunder, and that are now or may hereafter be in force.

6. That the ballast of all vessels loading at the said wharf shall be taken away by the said William Brownlee and deposited above high-water mark, or at such place as may be approved of by the Minister, or by the Harbourmaster at Havelock.

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

8. That the said rights, powers, and privileges may be at