Feb. 17.] THE NEW ZEALAND GAZETTE. 255

of such licenses shall, mutatis mutandis, apply accordingly:
And whereas Thomas Stirrup Webb (hereinafter termed "the
licensee") has applied for a license under the said Act to
occupy a part of the foreshore on the Wairoa River, Kaipara
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, 1873," has deposited a plan
in the office of the Marine Department, at Wellington
(marked M.D. 1289), showing the manner in which it is
proposed to construct such wharf, the place in the said
harbour where it is intended to erect the same, and the
area of foreshore intended to be occupied for such pur-
pose: 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: And whereas there is no Har-
bour Board having jurisdiction in the said harbour, and it
is expedient that a license should be granted and issued to
the licensee 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 licensee 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 licensee to use and occupy
that part of the foreshore which is particularly shown and
delineated on the plan 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 part of the
   foreshore necessary for the erection of such wharf, which
   is shown on the plan marked M.D. 1289.

2. In consideration of the concessions and privileges
   granted by this Order in Council, the licensee 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 first day of January, one thousand
   eight hundred and eighty-seven, the first of such yearly
   payments to be made on a copy of this Order in Council
   being supplied to the licensee, and thereafter such annual
   payments to be made on the first day of January.

3. The licensee 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 upon such Minister leaving at or
   posting to the last known address of the licensee a notice
   in writing of any defect or want of repair in such wharf,
   requiring him, within a reasonable time to be therein pre-
   scribed, 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
   licensee 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, 1873," 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 licensee and deposited above
   high-water mark, or at such place as may be approved of by
   the Minister or by the Harbourmaster at Kaipara.

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 licensee shall not assign, charge, or part with any such
   right, power, or privilege without the previous written con-
   sent 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 licensee
   six calendar months' previous notice in writing. Any such
   notice shall be sufficient if given by the Minister, and
   delivered at or posted to the last known address of the
   licensee.

9. The licensee shall be liable for any injury which the
   said wharf may cause any vessel or boat to sustain through
   any default or neglect on his part.

10. In case the licensee 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.) Become bankrupt or be in any manner brought under
the operation of any Act for the time being in force
relating to bankruptcy,
then and in either 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 licensee or other proceeding whatsoever, and publication
in the New Zealand Gazette of an Order in Council contain-
ing such revocation shall be sufficient notice to the licensee,
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.

Land on the Kaipara-Waikato Railway, not required for
Public Use, authorized to be sold.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifth
day of February, 1887.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS by section fourteen of "The Public Works
Act, 1882," it is enacted that, if it is found that any
land held, taken, purchased, or acquired at any time under
that Act, or any other Act or provincial ordinance, or other-
wise however, for public works, is not required for public use,
the Governor may, by an Order in Council, publicly notified
and gazetted, cause the same to be sold under the conditions
therein set forth: And whereas the Minister for Public
Works has laid before the Governor the memorial referred to
in the section aforesaid, praying the Governor, by an Order
in Council, to cause such land to be sold:

Now, therefore, I, 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, and in exercise and pursuance of the powers and
authorities aforesaid, do hereby order and authorize the land
described in the Schedule hereto to be sold and dealt with
in the manner and subject to the conditions of the four-
teenth and following sections of the above in part recited
Act.

SCHEDULE.

THE several parcels of land mentioned in list hereunder:--

All in the Provincial District of Auckland; as the same are
more particularly delineated on the plan marked P.W.D.
14508, deposited in the office of the Minister for Public Works,
at Wellington, in the Provincial District of Wellington, and
thereon coloured red.

FORSTER GORING,
Clerk of the Executive Council.

Native Land taken for a Road in the Omapere Survey
District, Provincial District of Auckland.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this first day
of February, 1887.

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 that behalf, His Excellency