1042 THE NEW ZEALAND GAZETTE. [No. 51

Licensing Charles Georgeson to use and occupy a Part of
the Foreshore of the Otago Harbour.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day
of August, 1887.

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 purpose of any local enterprise or object which the
Governor in Council may approve: 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 reclama-
tion for the purpose of erecting on the foreshore com-
prised 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 pro-
vided 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 em-
powered 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 Charles
Georgeson, 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 construct and maintain thereon a smokehouse for
the curing of fish, in Otago 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. 1349), showing the
place in the said harbour where it is intended to construct
such smokehouse, 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 plan has, prior to the
making of this Order in Council, been approved by the
Governor in Council: And whereas there is no Harbour
Board empowered to grant such license, and it is expedient
that a license should be granted and issued to the said
Charles Georgeson under the said Act, for the purpose afore-
said, 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 approve of the purpose or object for which the said
license is required by the said Charles Georgeson as afore-
said; and in further pursuance and exercise of the said power
and authority, and with the like advice and consent as afore-
said, doth hereby license and permit the said Charles
Georgeson to use and occupy that part of the foreshore
and of the land below low-water mark immediately con-
tiguous thereto which is particularly shown and delineated
on the plan so deposited as aforesaid, for the purpose of
constructing or erecting thereon a smokehouse for the curing
of fish, such license to be held and enjoyed by the said
Charles Georgeson 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 construction of the smokehouse, Otago Harbour,
   which is shown on the said plan marked M.D. 1349.

2. In consideration of the concessions and privileges
   granted by this Order in Council, the said Charles Georgeson
   shall, on being supplied with a copy thereof, pay to the
   Minister the sum of three pounds, and thereafter an annual
   sum of two pounds ten shillings, to be paid on the thirty-first

day of December, the first of such payments to be made on
the thirty-first day of December next ensuing.

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

4. That the said rights, powers, and privileges may be at
   any time resumed by the Governor, and the said Charles
   Georgeson may be required to remove the smokehouse from
   the foreshore of Otago Harbour at his own cost, without pay-
   ment of any compensation whatever, on giving to the said
   Charles Georgeson 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 last known
   address of the said Charles Georgeson.

5. In case the said Charles Georgeson 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 smokehouse;
   (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 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 Charles Georgeson 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 Charles Georgeson, and to all persons concerned
or interested, that this Order in Council and the rights and
privileges thereby conferred have been revoked and deter-
mined; and upon such revocation the Minister may cause
the said smokehouse, and all other erections or buildings
thereto belonging, to be removed, and may recover the cost
incurred by any such removal from the said Charles George-
son, his heirs, executors, administrators, or assigns.

6. 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 direc-
   tion of such Minister.

FORSTER GORING,
Clerk of the Executive Council.

Native Land proposed to be taken on the Opaki Section of
the Wellington-Napier Railway.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fourteenth
day of June, 1887.

Present:

His Excellency the Governor in Council.

WHEREAS the land mentioned in the Schedule hereto
is required to be taken for a public work authorized
to be constructed by the Government, to wit, the Opaki
Section of the Wellington-Napier Railway: And whereas the
said land is held or occupied by Native owners:

Now, therefore, in pursuance and exercise of the powers
vested in him by "The Public Works Act, 1882," and the
amendments thereof, and of all other powers in anywise
enabling him in this behalf, His Excellency 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 Opaki Section of the
Wellington-Napier Railway shall and may be constructed on
or through the parcel of land more particularly mentioned in
the Schedule hereto.

SCHEDULE.

The parcel of land mentioned hereunder:—

Approximate Area | Being | Situated | Situated in
of the Parcel of | Section or | in | the Survey District
Land required to | Portion of | Block No. | of
be taken. | Section No. | |

A. R. P. | 60 | IX. | Kopuaranga.
8 2 8

In the Provincial District of Wellington; as the same is
more particularly delineated on the plan marked P.W.D.
14762, deposited in the office of the Minister for Public