Aug. 17.] THE NEW ZEALAND GAZETTE. 1241

Kaipara, timber merchants, trading there under the style or firm of R. and J. Mitchelson (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, and of the land below low-water mark adjacent thereto, at Aoroa, on the Wairoa River, Kaipara Harbour, in order to erect and maintain two wharves thereon; and, in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” have deposited plans in the office of the Marine Department, at Wellington (marked M.D. 1847 and 1859), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the wharves: 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 licensees 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 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 those parts of the foreshore and of the land below low-water mark, as shown on the plan marked M.D. 1847 so deposited as aforesaid, for the purpose of erecting and maintaining the said two wharves, such license to be held and enjoyed by the licensees 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 parts of the foreshore and of the land below low-water mark occupied by the said two wharves as shown on plan marked M.D. 1847.

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 the sum of five pounds, and thereafter an annual sum of five pounds, payable on the first day of August, dating from the first day of August, one thousand eight hundred and ninety-three.

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

5. 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 wharves without payment.

6. The licensees shall maintain the above-mentioned wharves in good order and repair; and shall at all times exhibit therefrom and maintain at their 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.

7. Any person authorised by the Minister may, at all reasonable times, enter upon the said wharves and view the state of repairs thereof; and upon such Minister leaving at or posting to the last known address of the licensees in New Zealand a notice in writing of any defect or want of repair in such wharves, requiring them within a reasonable time, to be therein described, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the licensees 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 ballast of all vessels loading at the said wharves shall be taken away by the licensees and deposited above high-water mark, or at such place as may be approved of by the Harbourmaster at Kaipara, by the Minister, or by any person appointed by the Minister for that purpose.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the first day of August, one thousand eight hundred and ninety-three, 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 privilege without the previous written consent of the Minister first obtained.

11. 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 licensees six 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 licensees in New Zealand.

12. The licensees shall be liable for any injury which the said wharves or either of them may cause any vessel or boat to sustain through any default or neglect on their part.

13. In case the licensees 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 wharves or either of them for a period of thirty days;
    (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,
    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 licensees 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 licensees, 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 Winton Borough Council.

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 the land mentioned in the Schedule hereto was permanently reserved for a site for an Athenæum by notification in the New Zealand Gazette of the twenty-second day of December, one thousand eight hundred and ninety-one, No. 109: And whereas, in the opinion of the Governor, it is expedient that the said land should be vested in the Winton Borough Council:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, and in exercise of the powers and authorities vested in him by the fourth section of “The Public Reserves 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 Mayor, Councillors, and burgesses of the Borough of Winton, in trust, for a site for an Athenæum, and such reserve shall be under the control and management of the Corporation of the said borough.

SCHEDULE.

All that piece or parcel of land in the Southland Land District containing by admeasurement 21 perches, more or less, and being part of the Railway Terminus Reserve, in the Town of Winton. Bounded as follows: Commencing at a point on the Great North Road 140 links distant from the north-west angle of Section No. 17, Block V., of aforesaid Town of Winton; thence by a line at a bearing of 70° 32′ a distance of 134 links; thence by a line at a bearing of 340° 32′ a distance of 100 links; thence by a line at a bearing of 250° 32′ a distance of 134 links; and thence by a line at a bearing of 160° 32′, being the boundary-line of the Great North Road, 100 links, to the commencing-point.

ALEX. WILLIS,
Clerk of the Executive Council.

Registrars of Electors appointed for all the Electoral Districts in the Colony.

GLASGOW, Governor.

To all to whom these Presents shall come, Greeting.

WHEREAS by an Act of the General Assembly of New Zealand intituled “The Registration of Electors Act, 1879,” it is enacted that it shall be lawful for the Governor from time to time to appoint such Registrars, Clerks, and other officers as may be required to carry the provisions of the said Act into execution: