Sept. 13.] THE NEW ZEALAND GAZETTE. - 973

Licensing John Murdoch to use and occupy Part of the
Foreshore at Oban, Stewart Island.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eleventh
day of September, 1888.

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 provisions of the said Act, have
power to make and construct any necessary reclamation for
the purpose of erecting on the foreshore 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, erection, 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 ex-
ceeding fourteen years from the date thereof, and may pre-
scribe a sum of money to be payable either at stated periods
or on or before the granting thereof for the use of the fore-
shore so granted, and may prescribe any other terms or con-
ditions, 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 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 pro-
visions of the said Act in respect of such licenses shall,
mutatis mutandis, apply accordingly: And whereas there
being no Harbour Board empowered to grant the license
hereinafter mentioned, John Murdoch, timber merchant at
Invercargill, has applied to the Governor 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, at Oban, Half-moon Bay, Stewart Island, in order
to erect and maintain thereon a wharf; and, in accordance
with the one hundred and fifty-sixth section of "The Har-
bours Act, 1878," has deposited a plan in the office of the
Marine Department, at Wellington (marked M.D. 1448),
showing the manner in which it is proposed to construct
such wharf, the place where it is intended to erect the same,
and the area of foreshore or land below low-water mark in-
tended 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, without
modification or addition: And whereas it appears expedient
that a license should be granted and issued to the said John
Murdoch (hereinafter called "the licensee"), under the said
Act, for the purpose aforesaid, 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 of all other
powers and authorities enabling him in that behalf, and by
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 and of the land
below low-water mark immediately contiguous thereto 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 the
licensee upon and subject to the following terms and condi-
tions, 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 plan
   marked M.D. 1448, and deposited in the office of the Marine
   Department as aforesaid.

2. In consideration of the concessions and privileges
   granted by this Order in Council the said John Murdoch
   shall, during the subsistence of the license hereby granted,
   pay to the Minister an annual sum of one shilling, on the
   same being lawfully demanded.

3. All Her Majesty's subjects shall at all reasonable times,
   upon payment of the proper dues, have free and full liberty
   to use the wharf, and all rights of ingress and egress thereon
   and therefrom.

4. 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.

5. The licensee shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit there-
   from, 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.

6. Any person authorised 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 licensee a notice
   in writing of any defect or want of repair in such wharf, re-
   quiring him within a reasonable time, to be therein prescribed,
   to repair the same, he shall with all convenient speed cause
   such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion 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.

8. 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 any person appointed by the Minster for that
   purpose.

9. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue in force for ten years,
   computed from the second day of February, one thousand
   eight hundred and eighty-two, 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 consent of the Minister first
   obtained.

10. The said rights, powers, and privileges may be at any
    time resumed by the Governor, without payment of any com-
    pensation 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.

11. 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.

12. 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.) Become bankrupt or be in any manner brought under
    the operation of any Act for the time being in force
    relating to bankruptcy;
    (4.) Fail to pay the sums specified in clause two of these
    conditions; or
    (5.) Die during the subsistence of the license hereby
    granted,
    then and in any of the said cases this Order in Council and
    every license, right, power, or privilege may be revoked and
    determined by the Governor in Council without any notice
    to the licensee or other proceeding whatsoever; and publica-
    tion in the New Zealand Gazette of an Order in Council con-
    taining such revocation shall be sufficient notice to the
    licensee, and to all persons concerned or interested, that this
    Order in Council and the license, rights, and privileges there-
    by granted and conferred have been revoked and determined.

13. 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.

Prescribing a Close Season for Seals.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eleventh
day of September, 1888.

Present:

His Excellency the Governor in Council.

WHEREAS by "The Fisheries Conservation Act, 1884"
(hereinafter termed "the said Act"), it is, among