Ост. 17.]
THE NEW ZEALAND GAZETTE. 1055

Licensing the Akaroa County Council to use and occupy
a Part of the Foreshore of Akaroa Harbour.

ONSLOW, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second
day of October, 1889.

Present:
THE HONOURABLE THE PREMIER PRESIDING 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 pro-
visions of the said Act, have power to make and construct any
necessary reclamation for the purpose of erecting on the fore-
shore 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 exceeding fourteen years from the
date thereof, and may prescribe a sum of money to be pay-
able either at stated periods or on or before the granting
thereof for the use of the foreshore so granted, and may pre-
scribe 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 empowered to grant any such license as afore-
said, 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 the Akaroa County Council (hereinafter called
"the Council") 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 at
Wainui, in Akaroa 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, 1878," has
deposited plans in the office of the Marine Department, at
Wellington (marked M.D. 1548 and 1549), 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 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 plans have, prior to the
making of this Order in Council, been approved by the
Governor in Council, without modification or addition: And
whereas there is no Harbour Board having jurisdiction in
the said harbour, and it is expedient that a license should be
granted and issued to the Council 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 Council as aforesaid; and in further pur-
suance and exercise of the said power and authority, and
with the like advice and consent as aforesaid, doth hereby
license and permit the Council 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 marked M.D. 1548 so deposited
as aforesaid, for the purpose of constructing or erecting
thereon a wharf, such license to be held and enjoyed by the
Council upon and subject to the following terms and con-
ditions, 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. 1548.

2. That 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 of ingress and egress thereon.

3. 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.

4. The Council shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit
   therefrom, and maintain at its 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.

5. 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 Council a notice
   in writing of any defect or want of repair in such wharf,
   requiring it, within a reasonable time to be therein pre-
   scribed, to repair the same, it shall with all convenient
   speed cause such defect to be removed or such repairs to be
   made.

6. That nothing herein contained shall authorise the
   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 made thereunder, and that
   are now or may hereafter be in force.

7. That the ballast of all vessels loading at the said wharf
   shall be taken away by the Council 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 Minister for
   that purpose.

8. The piles of the old wharf, which the wharf built under
   the authority of this Order in Council is to replace, shall be
   drawn before the erection of the wharf authorised by this
   Order in Council.

9. 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 Council shall not assign, charge, or part with any such
   right, power, or privilege without the previous written con-
   sent of the Minister first obtained.

10. 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 Council
    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
    Council.

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

12. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf;
    then and in either of the said cases this Order in Council,
    and every right, power, or privilege, may be revoked and
    determined by the Governor in Council without any notice t
    the Council 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 Council,
    and to all persons concerned or interested, that this Order
    in Council, and the rights and privileges thereby 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
    direction of such Minister.

ALEX. WILLIS,
Clerk of the Executive Council.

Fixing Date for Elections, &c., Manawatu (amended) Road
District, County of Oroua.

ONSLOW, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this ninth
day of October, 1889.

Present:
THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS by an Order in Council made under "The
Counties Act, 1886," dated the second day of Sep-
tember, one thousand eight hundred and eighty-nine, and
published in the New Zealand Gazette of the fifth day of
September, one thousand eight hundred and eighty-nine,
the boundaries of the Manawatu Road District, in the
County of Oroua, were amended as described in the Second
Schedule thereto: And whereas by "The Road Boards Act,
1882," it is provided that the Council of the county in which
an altered road district is situated shall, by special order,
dissolve the Board thereof, and make provision for the elec-
tion of a new Board: And whereas "The Counties Act,
1886," is suspended in the County of Oroua: