APRIL 7.] THE NEW ZEALAND GAZETTE. 565

or want of repair in the sheds, requiring him, within a
reasonable time, to be therein prescribed, to remove or re-
pair the same, he 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
   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 provision of “The Harbours Act, 1878,” or its
   amendments, or any regulations made thereunder, and that
   are now or may hereafter be in force.

7. The rights, powers, and privileges conferred or granted
   by this Order in Council may be at any time resumed by
   the Governor, without payment of any compensation what-
   ever, on giving to the licensee three calendar months’
   previous notice in writing. Any such notice shall be suffi-
   cient if given by the Minister and delivered at or posted
   to the last known address of the licensee at Napier afore-
   said.

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

9. 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 goods-shed 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; or
   (4.) Fail to pay the sums specified in clause 3 of these
   conditions as they respectively become due and
   payable;
   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 proceedings 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   thereby granted and conferred, have been revoked and deter-
   mined.

10. 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 Messrs. Turnbull and Co. to use and occupy a
Part of the Foreshore of Picton Harbour.

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirty-first
day of March, 1892.

Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT
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, sub-
ject 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 con-
tiguous 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 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 men-
tioned, Messrs. Nicholas Reid and John Honeycombe Cock,
of Wellington, Merchants, trading there under the style or
firm of “W. and G. Turnbull and Co.” (hereinafter called
“the licensees”), have applied to the Governor in Council
for a license under the said Act to occupy a part of the
foreshore in Picton Harbour, in order to erect and maintain
thereon a fishing establishment; and, in accordance with
the one hundred and fifty-sixth section of “The Harbours
Act, 1878,” have deposited a plan in the office of the Marine
Department, at Wellington (marked M.D. 1717), showing
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 plan has, 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 licensees under the said Act, for the pur-
pose aforesaid, on the terms and conditions hereinafter ex-
pressed:

Now, therefore, His Excellency the Administrator of the
Government 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 en-
able 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 object for which the said license
is requested by the licensees 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 licensees to use and occupy
that part of the foreshore which is particularly shown and
delineated on the plan so deposited as aforesaid, for the pur-
pose of constructing or erecting thereon a fishing establish-
ment, 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 part of the
   foreshore necessary for the erection of such fishing esta-
   blishment, which is shown in yellow on the plan marked
   M.D. 1717, and deposited in the office of the Marine Depart-
   ment as aforesaid.

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

3. In consideration of the concessions and privileges
   granted by this Order in Council the licensees shall, on being
   supplied with a copy thereof, pay to the Minister, or any
   person authorised by him to receive the same, the sum of
   five pounds, and thereafter an annual sum of six pounds,
   payable on the first day of April in each year during the
   continuance of the license hereby granted, the first of such
   annual payments to be made on the first day of April next.

4. Her Majesty or the Governor, and all officers in the
   Government service of New Zealand acting in the execution
   of their duty, shall at all times have free ingress, passage,
   and egress into, through, and out of the fishing establish-
   ment without any hindrance or payment.

5. The licensees shall during the continuance of the said
   license maintain all buildings and fences now standing and
   being on the foreshore included in such license, or that may
   hereafter be erected or placed thereon, and also all other
   erecti ons of what nature soever that may at any time be put
   up, erected, or placed by the licensees on the said foreshore,
   for the purposes or use of the said fishing establishment, in
   good order and repair.

6. Any person authorised by the Minister may, at all rea-
   sonable times, enter upon the said fishing establishment or
   any part thereof and view the state of repairs thereof; and
   upon such Minister leaving at or posting to the last known
   address of the licensees a notice in writing of any defect
   or want of repair in any building, fence, or erection in or
   upon or used for such fishing establishment, requiring them,
   within a reasonable time, to be therein prescribed, to remove
   or repair the same, they 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
   licensees to do or cause to be done anything repugnant to or