886
THE NEW ZEALAND GAZETTE.
[No. 40

Notice under "The Native Land Laws Amendment Act,
1883."

(L.S.) WM. F. DRUMMOND JERVOIS,
Governor.

A PROCLAMATION.

WHEREAS the land described in the Schedule hereto
is vested in certain aboriginal natives of New Zea-
land, subject to certain restrictions on the alienation of such
land, and application has been made for the removal of such
restrictions :

It is hereby notified that it is the intention of His Excel-
lency the Governor in Council, immediately after the expira-
tion of sixty days from the publication of this notice in the
Gazette and in the Kahiti, to remove the said restrictions on
the alienation of the said land.

Given under the hand of His Excellency Sir William
Francis Drummond Jervois, Lieutenant-General
in Her Majesty's Army, Knight Grand Cross of
the Most Distinguished Order of Saint Michael
and Saint George, Companion of the Most Honour-
able Order of the Bath, Governor and Commander-
in-Chief in and over Her Majesty's Colony of New
Zealand and its Dependencies, and Vice-Admiral
of the same; and issued under the Seal of the
said Colony, at the Government House, at Wel-
ington, this twentieth day of May, in the year of
our Lord one thousand eight hundred and eighty-
six.

J. BALLANCE,
Minister for Native Affairs.

GOD SAVE THE QUEEN!

SCHEDULE.

All that parcel of land known as Lot 293, Parish of Wai-
maua, in the District of Whakatane, containing 3 acres and
23 perches.

Burgess Roll, Borough of Sydenham, validated.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-
seventh day of July, 1886.

Present :

His Excellency the Governor in Council.

WHEREAS it has been made to appear that the burgess
roll of the Borough of Sydenham for the year com-
mencing on the first day of June, one thousand eight hun-
dred and eighty-six, was prepared and completed after the
times required by "The Municipal Corporations Act, 1876,"
and it is expedient to validate the same :

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 exercise and
pursuance of the powers and authorities vested in him by the
said "Municipal Corporations Act, 1876," doth hereby order
and declare that the burgess-roll of the said Borough of
Sydenham, for the year commencing from the first day of
June, one thousand eight hundred and eighty-six, so made
as aforesaid, shall be as valid to all intents and purposes as
though the same had been made within the times required
by the said Act.

FORSTER GORING,
Clerk of the Executive Council.

Licensing Rutland Turner to use and occupy a Part of the
Foreshore of the Wairoa River.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-
seventh day of July, 1886.

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 pro-
visions of the said Act, have power to make and construct any
necessary reclamation for the purpose of erecting on the fore-
shore 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,
erecti on, 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 pay-
able either at stated periods or on or before the granting
thereof for the use of the foreshore so granted, and may pre-
scribe 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 afore-
said, 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 Rutland Turner, of Wairoa South, has applied
for a license under the said Act to occupy a part of the fore-
shore and the land below low-water mark on the Wairoa
River, Hauraki Gulf, 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. 1191, 1192, 1193, and 1194), 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 river, and it is expedient that a license should be
granted and issued to the said Rutland Turner under the said
Act, for the purpose aforesaid, on the terms and conditions
hereinafter expressed :

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 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 Rutland Turner as aforesaid ; and in
further pursuance and exercise of the said power and autho-
rity, and with the like advice and consent as aforesaid, doth
hereby license and permit the said Rutland Turner 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. 1191 and 1192.

2. In consideration of the concessions and privileges granted
   by this Order in Council, the said Rutland Turner 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-six, the first of such
   yearly payments to be made on a copy of this Order in
   Council being supplied to the said Rutland Turner, and
   thereafter such annual payments to be made on the thirty-
   first day of December.

3. The said Rutland Turner 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 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 last known address of the said Rutland
   Turner 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 con-
   venient speed cause such defect to be removed or such
   repairs to be made.

5. That nothing herein contained shall authorize the said
   Rutland Turner to do or cause to be done anything re-
   pugnant 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