1898
THE NEW ZEALAND GAZETTE.
[No. 100

Licensing the New Zealand Pine Company (Limited) to use
and occupy a Part of the Foreshore of Colac Bay.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fourth

day of December, 1893.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under
"The Harbours Act Amendment Act, 1883" (hereinafter
called "the said Act"), the New Zealand Pine Company
(Limited), being a duly-registered company under the pro-
visions of "The Companies Act, 1882," and hereinafter
called "the company," has applied to the Governor in Council
for a license under the said Act to occupy a part of the fore-
shore, and of the land below low-water mark adjacent
thereto, in Colac Bay, Southland, in order to erect a wharf
thereon, 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. 1895 and 1901), showing the area of fore-
shore and land below low-water mark intended to be occu-
pied, and the manner in which it is proposed to erect the
wharf: And whereas the Governor in Council has approved
of the purpose for which the said foreshore and land below
low-water mark are to be occupied: 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 object for
which the said license is required by the company as afore-
said; 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 company
to use and occupy that part of the foreshore and of the land
below low-water mark on which the wharf is to be erected,
as shown on the plans so deposited as aforesaid, for the
purpose of erecting and maintaining the said wharf, such
license to be held and enjoyed by the company upon and
subject to the following terms and conditions, that is to
say:—

1. In these conditions the term "Minister" means the
   Minister having charge of the Marine Department, as de-
   fined by "The Shipping and Seamen's Act, 1877," and in-
   cludes any officer, person, or authority acting by or under
   the direction of such Minister.

2. The concessions and privileges conferred by this Order
   in Council shall extend and apply only to the part of the
   foreshore and of the land below low-water mark occupied by
   the said wharf, as shown on plans marked M.D. 1895 and

4. 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 one
   pound, payable on the 1st day of December, dating from the
   1st day of December, 1893.

5. All persons shall at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   wharf, and all rights of ingress and egress thereon and
   therefrom.

6. 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 said wharf without payment.

7. 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 neces-
   sary lights for the guidance of vessels: Provided that no
   light shall be exhibited until after it has been approved of
   by the Minister.

8. 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 upon such Minister leaving at or
   posting to the last-known registered office of the company in
   New Zealand a notice in writing of any defect or want of
   repair in such wharf, 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.

9. 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 amend-
   ments, or any regulations made thereunder, and that are
   now or may hereafter be in force.

10. 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.

11. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue to be in force for four-
    teen 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
    privilege without the previous written consent of the Minister
    first obtained.

12. 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 calen-
    dar 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 registered office of the company
    in New Zealand.

13. The company 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.

14. 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 wharf for a period of
    thirty days;
    (3.) Do, commit, or suffer any act which would entitle
    any creditor or other person to take any proceed-
    ings to have the company wound up in accord-
    ance with any law for the time being in force
    relating to registered companies; or suffer or
    obtain an order of some Court of competent juris-
    diction, or procure or allow to be passed a special
    or extraordinary resolution for the winding-up of
    the said company; or suffer a distress or execution
    to be respectively levied or sued out upon or
    against the property of the company in New Zea-
    land; or
    (4.) Fail to pay the sums specified in clause 3 of these
    conditions;
    then and in any 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 company or other proceeding whatsoever; and
    publication 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 license, rights, and
    privileges thereby granted and conferred, have been revoked
    and determined.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting a Reserve in the Manawatu Road Board.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighteenth
day of December, 1893.

Present:

THE HONOURABLE SIR P. A. BUCKLEY, K.C.M.G.,
PRESIDING IN COUNCIL.

WHEREAS the land mentioned in the Schedule hereto
was reserved permanently for a gravel-pit:

And whereas an Order in Council was issued on the fifteenth
day of December, one thousand eight hundred and eighty-
four, purporting to vest the land in the Road Board of the
Palmerston North District, and, as no such Board existed at
the time of the issue of such Order in Council, it is expedient
to cancel the said Order in Council and vest the said land in
the Manawatu Road Board:

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, acting by and with the advice and con-
sent of the Executive Council of the said colony, and in
exercise of the powers and authorities vested in him, doth
hereby cancel the said Order in Council of the fifteenth day
of December, one thousand eight hundred and eighty-four,
and, in pursuance of the fourth section of "The Public Re-
serves Act, 1881," doth hereby declare that, from and after
the day of the date hereof, the reserve mentioned in the
Schedule hereto shall become vested in the inhabitants of
the Manawatu Road District, and under the control and
management of the Road Board of such district, in trust,
for a gravel-pit.

SCHEDULE.

All that parcel of land in the Land District of Wellington,
containing 33 acres 2 roods 16 perches, more or less, being
Section No. 362 on the plan of the Township of Palmerston.
Bounded towards the north-east and south-east by public
roads 2800 links and 1200 links respectively, and towards the
south-west and north-west by public roads 2800 links and
1200 links respectively.

ALEX. WILLIS,
Clerk of the Executive Council.