Sept. 24.] THE NEW ZEALAND GAZETTE. 1047

hereof, the rate set forth in the Schedule hereto shall be
charged and taken for the use of the said wharf.

SCHEDULE.

The rate hereby prescribed shall apply to the wharf so con-
structed by the Mangawai District Highway Board as afore-
said.

The owner, master, consignee, or agent of every vessel
using the wharf for the shipment or discharge of cargo shall
pay the sum of twelve shillings for each time the vessel so
uses the wharf.

R. WALROND,
Acting Clerk of the Executive Council.

Licensing G. J. Black to use and occupy a Part of the
Foreshore of Akaroa Harbour.

ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-third
day of September, 1891.

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 shipping, or the
public, or for any local enterprise 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 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 exceeding fourteen years from the date thereof,
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
empowered to grant any such license as aforesaid, the Gover-
nor 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, Greacen Joseph Black, of Akaroa,
Sheepfarmer (hereinafter called “the licensee”), has applied
to the Governor in Council for a license under the said Act
to occupy a part of the foreshore in Akaroa Harbour, in order
to erect and maintain thereon a yacht-slip; and, in accord-
ance 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. 1691 and
1692), showing the manner in which it is proposed to erect
such slip, the place where it is intended to erect the same,
and the area of foreshore 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 is expedient that a license should be granted
and issued to 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 which is particu-
larly shown and delineated on the plans so deposited as
aforesaid, for the purpose of constructing or erecting thereon
a yacht-slip, such license to be held and enjoyed by the
licensee 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 part of the
   foreshore necessary for the erection of such slip, which is
   shown on the plans marked M.D. 1691 and 1692, and de-
   posited in the office of the Marine Department as aforesaid.

2. In consideration of the concessions and privileges
   granted by this Order in Council the licensee shall, on being
   supplied with a copy thereof, pay to the Minister the sum of
   five pounds, and thereafter an annual sum of one pound,
   payable on the first day of October, the first of such annual
   payments to be made on the licensee being supplied with a
   copy of this Order in Council.

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 slip without payment.

4. The licensee shall complete the erection of the slip in
   accordance with the approved plan marked M.D. 1692 within
   one year from the date of this Order in Council.

5. The licensee shall maintain the above-mentioned slip
   in good order and repair.

6. 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 licensee a notice in
   writing of any defect or want of repair in such slip, requiring
   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. That nothing herein contained shall authorise the
   licensee 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.

8. 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 licensee shall not
   assign, charge, or part with any such right, power, or privi-
   lege without the previous written consent of the Minister
   first obtained.

9. 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 licensee three
   calendar months' previous notice in writing. Any such
   notice shall be sufficient if given by the Minister, and de-
   livered at or posted to the last known address of the licensee.

10. The licensee shall be liable for any injury which the
    said slip may cause any vessel or boat to sustain through
    any default or neglect on his part.

11. 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 slip for a period of
    three calendar months;
    (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 2 of these
    conditions; or
    (5.) Die during the subsistence of the license hereby
    granted,
    then and in either 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
    publication in the New Zealand Gazette of an Order in Coun-
    cil containing 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
    thereby granted and conferred, have been revoked and
    determined.

12. 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.

R. WALROND,
Acting Clerk of the Executive Council.