1240
THE NEW ZEALAND GAZETTE.
[No. 63

the Schedule hereto is hereby taken for the use and convenience of the said asylum, and to be used and cultivated in connection therewith.

SCHEDULE.

The parcel of land mentioned hereunder:—

In the Provincial District of Auckland; as the same is more particularly delineated on the plan marked P.W.D. 16010, deposited in the office of the Minister for Public Works, at Wellington, in the Provincial District of Wellington, and thereon coloured red.

Given under the hand of His Excellency the Right Honourable David, Earl of Glasgow; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George; Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same; and issued under the Seal of the said Colony, at the Government House, at Wellington, this sixteenth day of August, in the year of our Lord one thousand eight hundred and ninety-three.

R. J. SEDDON,
Minister for Public Works.

GOD SAVE THE QUEEN!

Licensing Trustees for the Akaroa Boating Club to use and occupy a Part of the Foreshore of Akaroa Harbour.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of August, 1893.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Akaroa Boating Club, of Akaroa (hereinafter called “the club”), has applied to the Governor in Council for a license, under “The Harbours Act Amendment Act, 1883 (hereinafter called “the said Act”), to occupy a part of the foreshore in Akaroa Harbour, in order to erect and maintain thereon a boat-shed and slip; 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. 1860 and 1861), showing the place where it is intended to erect such boat-shed and slip, the area of foreshore to be occupied for such purpose, and the manner in which it is proposed to erect the boat-shed and slip: 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 under the said Act, for the purpose aforesaid, should be granted and issued to Herbert Onslow Clarke, of Akaroa, solicitor, and Beilby Barker, of Akaroa, coachdriver, as trustees for the club, 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 club 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 said trustees for the club to use and occupy that part of the foreshore which is particularly shown and delineated on the plan marked M.D. 1860 so deposited as aforesaid, for the purpose of constructing or erecting thereon a boat-shed and slip, such license to be held and enjoyed by the said trustees for the club 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 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.

2. 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 boat-shed and slip, which is shown, coloured green, on the plan marked M.D. 1860, and deposited in the office of the Marine Department as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council the said trustees for the club shall, on demand being made, pay to the Minister an annual sum of one shilling, dating from the day of the date of this Order in Council.

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 said boat-shed and slip without payment.

5. The said trustees for the club shall complete the erection of the said boat-shed in accordance with the approved plan marked M.D. 1861, within six calendar months from the date of this Order in Council.

6. The said trustees for the club shall maintain the above-mentioned boat-shed and slip in good order and repair.

7. Any person authorised by the Minister may, at all reasonable times, enter upon the said boat-shed and slip and view the state of repairs thereof; and upon such Minister leaving at or posting to the last-known address of the said trustees for the club or either of them a notice in writing of any defect or want of repair in such boat-shed or slip, requiring them, within a reasonable time, to be therein prescribed, to make good the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. That nothing herein contained shall authorise the said trustees for the club 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.

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 said trustees for the club shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. That the said rights, powers, and privileges may at any time be resumed by the Governor, without payment of any compensation whatever, on giving to the said trustees for the club three 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 said trustees for the club or either of them.

11. The said trustees for the club shall be liable for any injury which the said boat-shed and slip, or either of them, may cause any vessel or boat to sustain through any default or neglect on their part, or the part of the club.

12. In case the said trustees for the club shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said boat-shed and slip for the purposes aforesaid; or
    (3.) In case the club be in any manner wound up or dissolved,

then and in either of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council without any notice to the said trustees for the club 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 said trustees and to the club, 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.

Licensing Messrs. H. and J. Mitchelson to use and occupy a Part of the Foreshore of Kaipara Harbour.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of August, 1893.

Present:

His Excellency the Governor 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”), Messrs. Richard and John Mitchelson, of