MAR. 14.]
THE NEW ZEALAND GAZETTE.
293

Licensing Alfred Cooke Yarborough and William Anderson
Gilfillan to use and occupy a Part of the Foreshore at
Kohukohu.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth
day of March, 1889.

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 any purpose
relating to the convenience of the public, or for any local en-
terprise 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 recla-
mation 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 there-
of, 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
there being no Harbour Board empowered to grant the license
hereinafter mentioned, Alfred Cooke Yarborough and William
Anderson Gilfillan, of Kohukohu, Hokianga, have, as trustees
for persons who have subscribed money to build a public hall
at Kohukohu, Hokianga, applied to the Governor in Council
for a license under the said Act to occupy a part of the fore-
shore and the land below low-water mark immediately con-
tiguous to such foreshore at Kohukohu, in Hokianga Har-
bour, in order to construct and maintain thereon a public
hall; and, in accordance with the one hundred and fifty-
sixth section of "The Harbours Act, 1878," have deposited
plans in the office of the Marine Department, at Wellington
(marked M.D. 1498 and 1499, showing the place where it is
intended to construct such public hall, and the area of fore-
shore 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 works 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 it is
expedient that a license should be granted and issued to
the said Alfred Cooke Yarborough and William Anderson
Gilfillan (hereinafter called "the licensees") 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 licensees
as aforesaid; and in further pursuance and exercise of the
said power and authorities, and with the like advice and
consent as aforesaid, doth hereby license and permit the
licensees, as trustees as aforesaid, 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 plans so deposited as aforesaid, for the
purpose of constructing or erecting thereon a public hall,
such license to be held and enjoyed by the licensees 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 required for

2. In consideration of the concessions and privileges
   granted by this Order in Council the licensees shall pay an
   annual sum of one pound, to be paid on the thirty-first day
   of March in each year during the subsistence of the license
   hereby granted, the first of such payments to be made on the
   thirty-first day of March, one thousand eight hundred and
   eighty-nine.

3. The rights, powers, and privileges conferred by or under
   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 licensees shall not assign, charge, or part with any
   such right, power, or privilege without the previous written
   consent of the Minister first obtained.

4. The licensees shall, during the subsistence of this Order
   in Council, erect and maintain in a good and proper state of
   repair a public hall. Upon the Minister leaving at or posting
   to the last known addresses of the licensees, or either of them,
   a notice in writing of any defect or want of repair in such
   public hall, requiring them within a reasonable time to be
   therein prescribed to repair the same, they shall, with all
   convenient speed, cause such defect to be removed or such
   repairs to be made.

5. The said rights, powers, and privileges may be at any
   time resumed and the license hereby granted revoked by
   the Governor, and the licensees may be required to remove
   the public hall from the foreshore, without payment of any
   compensation whatever, on giving to the licensees six calendar
   months' previous notice in writing. Notice of such resump-
   tion and revocation or otherwise under this condition shall
   be sufficient if given by the Minister, and delivered at or
   posted to the last known addresses of the licensees or either
   of them.

6. In case the licensees shall---
   (1.) Commit or suffer a breach of the terms or conditions
   hereinbefore set forth, or any of them;
   (2.) Cease to use or occupy the said public hall;
   (3.) Fail to pay the sums specified in clause two of these
   conditions;
   (4.) Commit a breach of their trust;
   (5.) Shall 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 licensees 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
   licensees, 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;
   and upon such revocation the Minister may cause the said
   public hall to be removed, and may recover the cost incurred
   by any such removal from the licensees, their heirs, executors,
   administrators, or assigns.

7. 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.

Rural Lands in the Auckland Land District open for Sale
or Selection.

WM. F. DRUMMOND JERVOIS,
Governor.

IN pursuance and exercise of the powers and authorities
conferred upon me by the third section of "The Land
Act Amendment Act, 1887" (hereinafter termed "the said
Act"), I, William Francis Drummond Jervois, the Governor
of the Colony of New Zealand, having received the report
of the Surveyor-General in this behalf, as in the said section
is provided, do hereby declare that the rural lands enume-
rated in the Schedule hereto shall be open for sale or selec-
tion, after the lapse of a period of forty-five days from the
date of the first public notification hereof, in the manner
and upon the conditions mentioned in the said Act, and at
the price per acre set under such land in the said Schedule.

SCHEDULE.

UNSURVEYED LAND, HOKIANGA COUNTY.

ALL that parcel of land in the Land District of Auckland,
known as the Rawhitiroa No. 1 Block, situated in Blocks
III. and IV., Whangape Survey District, and containing by
admeasurement 1,482 acres, more or less. Bounded towards
the north generally by Herekino Harbour, a block of land