Aug. 21.] THE NEW ZEALAND GAZETTE. 929

SCHEDULE.

ALEX. WILLIS,
Clerk of the Executive Council.

Validating Licenses granted to Daniel Moroney and Others.

ONSLow, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this nineteenth day of August, 1890.
Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the two hundred and twenty-seventh section of “The Licensing Act, 1881” (hereinafter termed “the said Act”), it is enacted that, if, through any accidental or unavoidable impediment, misfeasance, or omission, anything required by the said Act to be done is omitted to be done, or is not done within the time fixed, the Governor in Council may take all such measures as may be necessary for removing such impediment or rectifying such misfeasance or omission, and may validate anything which may have been irregularly done in matter of form, so that the intent and purpose of the said Act may have effect: And whereas, at the quarterly meeting of the Licensing Committee of the District of Waipawa, held at Waipawa in June last, Daniel Moroney, William Thomas Limbrick, Alexander Cameron Scrimgeour, and James Glass (hereinafter called “the licensees”) applied for a renewal of licenses for the Settlers’ Arms Hotel, the Imperial Hotel, the Empire Hotel, and the Exchange Hotel respectively, situated at Waipawa aforesaid, and the applications were granted by the said Committee, and certificates were thereupon issued for such renewals: And whereas the said licensees, through an accidental impediment, omitted to pay the necessary fees within the prescribed time, but did one day after the prescribed time pay the said fees, and thereupon the Treasurer of the Waipawa Town Board granted such licenses to the said licensees:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred by the said Act, and of all other powers enabling him in this behalf, and acting with the advice and consent of the Executive Council of the said colony, doth hereby validate the said recited certificates and the grant of the said licenses to the said licensees as aforesaid.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Mokihinui Coal Company (Limited) to use and occupy a Part of the Foreshore of the Mokihinui River

ONSLow, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this nineteenth day of August, 1890.
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, in any case where there is no Harbour Board, or no Harbour Board empowered to grant any such license as in the said Act mentioned, the Governor in Council may in his discretion grant and issue a license for all or any of the purposes therein 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, the Mokihinui Coal Company (Limited) 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 on Mokihinui River, 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,” the said company has deposited plans in the office of the Marine Department, at Wellington, marked M.D. 1388, 1389, and 1397, 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 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 it appears expedient that a license under the said Act should be granted and issued to the said company 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 consent as aforesaid, doth hereby license and permit the Mokihinui Coal Company (Limited) (hereinafter referred to as “the company”) to use and occupy such part of the foreshore and of the land below low-water mark immediately contiguous thereto as may be necessary for the erection of the wharf at the site shown on plan marked M.D. 1397, so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf in accordance with plans marked M.D. 1388 and 1389, so deposited as aforesaid, 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 wharf, at the site shown on the plan marked M.D. 1397, and deposited in the office of the Marine Department as aforesaid.

2. 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 foreshore, and all rights of ingress and egress thereon and therefrom.

3. The Governor in Council may from time to time fix such payments as he shall deem reasonable to be paid to the company by any private persons for the use of such wharf, and all lines of railway, cranes, or other appliances that may be on such wharf or foreshore.

4. The Governor, his staff and servants, and all officers in the Government service or employ, 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 company 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.

6. Any person authorised by the Minister may, at all reasonable times, enter upon the said wharf and view the state of repair thereof; and 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 wharf, requiring the company within a reasonable time, to be therein prescribed, to repair the same, the company shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the company to do or cause to be done anything repugnant to or inconsistent with any law or regulation 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.

8. The ballast of all vessels loading at the said wharf shall be taken away by the company 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.

9. 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 company shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.