1486
THE NEW ZEALAND GAZETTE.
[No. 73

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 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 necessary
   for the erection of such wharf, which are shown on the said
   plans marked M.D. 1109, 1110, and 1112.

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
   ten pounds, dating from the thirty-first day of December,
   one thousand eight hundred and eighty-five, the first of such
   yearly payments to be made on a copy of this Order in
   Council being supplied to the said company, and thereafter
   such annual payments to be made on the thirty-first day of
   December.

3. The said company shall maintain the above-mentioned
   wharf in good order and repair; and shall at all times
   exhibit therefrom, and maintain at its 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 rea-
   sonable times, enter upon the said wharf and view the state
   of repairs thereof; and that upon such Minister leaving at
   or posting to the registered office of the said company a
   notice in writing of any defect or want of repair in such
   wharf, requiring the said company, within a reasonable time
   to be therein prescribed, to repair the same, the said com-
   pany 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
   company 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 company and deposited
   above high-water mark, or at such place as may be approved
   of by the Minister or by the Auckland Harbour Board.

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 company 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 any time resumed by the Governor, without payment of
   any compensation whatever, on giving to the said company
   six calendar months' previous notice in writing. Any such
   notice shall be sufficient if given by the Minister, and de-
   livered at or posted to the registered office of the said com-
   pany.

9. The said company shall be liable for any injury which
   the said wharf may cause any vessel or boat to sustain
   through any default or neglect of the said company.

10. In case the said 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 wharf;
    (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 deter-
    mined by the Governor in Council without any notice to
    the said company or other proceeding whatsoever, and pub-
    lication 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.

11. 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.

Native Land taken for Portion of Waikato-Thames Railway
(Morrisville-Te Aroha Section).

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this thirteenth
day of October, 1885.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

IN pursuance and in exercise of the powers vested in him
by "The Public Works Act, 1882," and of all other
powers in anywise enabling him in this behalf, His Excel-
lency Sir William Francis Drummond Jervois, 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 Government work known as the Wai-
kato-Thames Railway (Morrisville-Te Aroha Section) shall
and may be constructed on or through the parcel of land
more particularly described in the Schedule hereto.

SCHEDULE.

Approximate Area
of each of the
Parcels of Land
required to be taken.
| Being Section or
Portion of Section No.
| Situated in Block No.
| Subdivision of Section 17.
| Situated in the
Survey Dis-
trict of

| Block. | Section. | Name of Street.

A. R. P.

14 1 34 17 IX.
XXV.
1
2
3
4
5
6
7
8
XX.
1
2
3
4
5
6
11
12
13
14
15
16
XIX.
1
2
3
4
5
6
7
8
LIV.
1
2
3
4
5
6
7
8
LVII.
1
2
3
4
5
6
7
8
9
10
11
12
LVIII.
1
2
3
4
5
6
7
8
9
10
11
12
LIX.
1
2
3
4
5
6
7
8
9
10
11
12
Terminus Street
Honi Street
Lipsey Street
Rewi Street
Brick Street
Burgess Street
Road along river bank

2 0 6 1303 VI.
Native
reserve
24 1 19 1303 II., III.,
VI.
Maunga-
tapu

Aroha, Block
No. IX.*

Maungakawa.†

Maungakawa.†

• Native owners, but held under Crown grant.
  † Native owners, but held under certificate, Native Land Act,
  partly leased to Europeans.