1434
THE NEW ZEALAND GAZETTE.
[No. 73

3. The lands will be disposed of by sale upon deferred payments, and shall be subject to the provisions relating to suburban lands of Part III. of “The Land Act, 1885.”

4. No person shall be allowed to acquire more than one section.

5. The prices stated in the Schedule hereto shall be the prices at which the lands shall be open for application.

6. If there should be more than one application for any allotment, the right to occupy the same shall be determined by lot amongst the applicants.

7. Each applicant for a section in the Schedule will be required to make the declaration prescribed by section one hundred and thirteen of “The Land Act, 1885,” and shall at the time of application deposit with the Receiver of Land Revenue for the Otago Land District one-tenth of the price of the allotment. Such payment shall be deemed to be a discharge of the license-fee for the six months due on the first day of January, one thousand eight hundred and eighty-eight.

8. The purchaser of any lands described in the Schedule, upon the full payment of the purchase-money, and also the fulfilment of the terms and conditions prescribed by “The Land Act, 1885,” relating to land on deferred payments, will be entitled to his Crown grant, to be issued in the usual way upon payment of the fees prescribed by law.

SCHEDULE.
BENGER SURVEY DISTRICT.

FORSTER GORING,
Clerk of the Executive Council.

Revoking Order in Council vesting Management of Whangaroa Wharf in Mongonui County Council.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of November, 1887.

Present:

His Excellency the Governor in Council.

WHEREAS by Order in Council dated the fifth day of August, one thousand eight hundred and eighty-four, and published in the New Zealand Gazette No. 89, of the seventh day of the same month, His Excellency the Governor in Council did, in pursuance of the provisions of “The Harbours Act, 1878,” vest the management of the Whangaroa Wharf, which is shown on plan marked M.D. 859, and deposited in the office of the Marine Department in the Mongonui County Council:

And whereas it is desired to revoke the said Order in Council, and to resume the rights, powers, and privileges conferred under or by virtue of it, and the Mongonui County Council has consented to the said Order in Council being revoked, and the rights, powers, and privileges conferred under or by virtue of it being resumed by the Governor without giving the said Council six calendar months’ notice in writing as provided by clause nine of the conditions of the said Order in Council of the fifth day of August, one thousand eight hundred and eighty-four:

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 of all the powers enabling him in that behalf, doth hereby revoke and determine the said recited Order in Council, and every right, power, and privilege conferred thereby upon the Mongonui County Council, or intended so to be.

FORSTER GORING,
Clerk of the Executive Council.

Vesting Management of Whangaroa Wharf in Whangaroa County Council.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of November, 1887.

Present:

His Excellency the Governor in Council.

WHEREAS by section fourteen of “The Harbours Act, 1878,” it is enacted that the Governor in Council may vest the management of any wharf the property of Her Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit:

And whereas it is provided by the seventeenth section of the said Act that in and by such Order in Council it may be prescribed what dues and rates shall be taken by the body or person in whom any such wharf shall be vested as aforesaid:

And whereas it is thought desirable to vest the management of the wharf at Whangaroa in the Whangaroa County Council, on the terms and conditions hereinafter set forth, and to prescribe that the dues and rates specified in the Schedule hereto shall be charged and taken, on and after the date of this Order in Council, for the use of the said wharf:

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 pursuance and exercise of the power and authority vested in him by the said fourteenth and seventeenth sections of “The Harbours Act, 1878,” and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the Whangaroa Wharf, which is shown on plan marked M.D. 859, and deposited in the office of the Marine Department, in the Whangaroa County Council, subject to the following conditions, and doth hereby prescribe that the dues and rates specified in the Schedule hereto shall be charged and taken on and after the date of this Order in Council for the use of the said wharf. :—

CONDITIONS.

1. That all Her Majesty’s subjects shall, at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the above-mentioned wharf, and of ingress and egress thereon.

2. That Her Majesty, or the Governor, and all officers in the Government service acting in the execution of their duty, shall at all times have free ingress, passage, and egress into, through, and out of the wharf without payment.

3. That the said County Council shall maintain and keep the above-mentioned wharf, and all erections on the wharf, in good order and repair; and shall at all times permit to be erected and exhibited therefrom any lights for the guidance of vessels, and shall maintain at its own cost any such lights: Provided that no new light shall be exhibited until after it has been approved of by the Marine Department.

4. That any person authorised by the Minister having charge of the Marine Department, or any officer acting with his approval, may, at all reasonable times, enter upon the said wharf, and any buildings erected on the wharf, and view the state of repair thereof; and that, upon his leaving at or posting to the last known address of the said Council a notice in writing of any defect or want of repair in such wharf or buildings, requiring the Council, within a reasonable time to be therein prescribed, to repair the same, the said Council shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

5. That the said Council shall not erect, or suffer to be erected, on the said wharf any building or structure whatever, except with the consent of the Marine Department.

6. That the said Council shall keep a separate account of the receipts and expenditure on account of such wharf, and shall cause such account to be balanced to the 31st March in every year, and shall send a copy of such account when balanced to the Marine Department, and shall supply any particulars in reference thereto as may be required by the Marine Department.

7. That nothing herein contained shall authorise the said Council 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 thereunder.

8. 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 altered, modified, or revoked.

9. That the rights, powers, and privileges conferred under or by virtue of this Order in Council may be at any time resumed by the Governor on giving to the said Council six calendar months’ notice in writing. Any such notice shall