1148
THE NEW ZEALAND GAZETTE.
[No. 63
7. The company shall be liable for any injury which may
be sustained by any vessel or boat in passing through the
booms or by contact with them, and which may be occa-
sioned by any default or neglect on its part.
8. In case the company 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 booms;
(3.) Fail to pay the sums specified in clause two of these
conditions; or
(4.) Be in any manner wound up or dissolved,
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 company or other proceeding whatsoever; and publica-
tion in the New Zealand Gazette of an Order in Council
containing such revocation shall be sufficient notice to the
company, and to all persons concerned or interested, that
this Order in Council and the rights and privileges thereby
conferred have been revoked and determined; and upon such
revocation the Minister may cause the said booms, and all
other erections or buildings thereto belonging, to be removed,
and may recover the cost incurred by any such removal from
the company or its legal representative.
9. 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.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Northern River Steam Navigation Company
(Limited) to use and occupy a Part of the Foreshore of
Kaipara Harbour.

ONSLOW, Governor.

ORDER IN COUNCIL.

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

Present:

THE HONOURABLE G. F. RICHARDSON 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 building or repairing of
ships or vessels of any kind: 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 there being no Harbour Board empowered to
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, subject to the
modification noted on plan marked M.D. 1547: And
whereas it is expedient that a license should be granted and
issued to the company 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 company
as aforesaid; and in further pursuance and exercise of the
said power and authority, and with the like advice and con-
sent as aforesaid, doth hereby license and permit the com-
pany 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 slip for the building or repairing of ships
or vessels of any kind, such license to be held and enjoyed
by the company 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 erection of such slip, which are shown on the plan
   marked M.D. 1545, 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 company shall, on being
   supplied with a copy thereof, pay to the Minister the sum of
   five pounds, and thereafter an annual sum of three pounds
   payable on the first day of November, dating from the first
   day of November, one thousand eight hundred and eighty-
   nine.
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 slip; and the company shall allow the slip to be
   used by Government vessels without charge, other than the
   actual expenses incurred in taking the vessels up and letting
   them down, and the cost of labour supplied while on the
   slip.
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 slip without payment.
5. The company shall complete the erection of the slip,
   in accordance with the approved plans marked M.D. 1545,
   1546, and 1547, within eighteen calendar months from the
   date of this Order in Council.
6. The company shall maintain the above-mentioned slip
   in good order and repair.
7. Any person authorised by the Minister may, at all rea-
   sonable times, enter upon the said slip and view the state
   of repairs thereof; and that upon such Minister leaving at
   or posting to the last known address of the company a notice
   in writing of any defect or want of repair in such slip,
   requiring it within a reasonable time, to be therein prescribed,
   to repair the same, it shall with all convenient speed cause
   such defect to be removed or such repairs to be made.
8. Nothing herein contained shall authorise the company
   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.
9. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue in force for fourteen
   years from the date hereof, unless in the meantime such
   rights, powers, and privileges shall be altered, modified, or
   revoked by competent authority; and the company shall not
   assign, charge, or part with any such right, power, or pri-
   vilege 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
    compensation whatever, on giving to the company 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 company.
11. The company shall be liable for any injury which the
    said slip may cause any vessel or boat to sustain through
    any default or neglect on its part.
12. In case the company 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 slip;
    (3.) Be in any manner wound up or dissolved; or,
    (4.) Fail to pay the sums specified in clause two of these
    conditions,